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Focusing on the winter quartering of Kurdish nomadic tribes among peasant villages, this article discusses the patterns of Kurdish nomadism and nomad–peasant relations in the Ottoman sanjaks of Muş, Bayezid, and Van during the first half of the nineteenth century. It argues that the political structure of these regions and the requirements of animal husbandry among the nomads not only created a distinct pattern of nomadism among the Kurdish tribes, but also led to the polarization of relations between nomads and peasants. Moreover, the article observes how nomad–settled, tribe–peasant relations in these regions evolved as a result of the gradual sedentarization of the pastoral nomads and related changes in their subsistence economies starting from the mid-nineteenth century. Finally, this article provides a background for a better understanding of the intercommunal tensions and conflicts over land in the Ottoman Empire of the late nineteenth and early twentieth centuries.
This article opines that corporations should utilize leverage in procurement contracts with states to prevent human rights abuses. Capitalizing on leverage over state business partners should be understood as an under-explored but intriguing dimension to the advancement of human rights. This article uses the example of the Pfizer-Israel procurement contract to provide mRNA COVID-19 vaccinations as a case study. While the Pfizer-Israel contract required Israeli governmental compliance with various laws, and referenced other legal obligations, no reference to human rights, such as the right to informed consent, was referenced in any contractual provision. The failure of Pfizer to insert contractual provisions regarding the Israeli government’s duty to obtain informed consent provides a glaring exemplar of a missed corporate opportunity to fulfil the corporate responsibility to respect human rights.
This article offers a comprehensive analysis of rights-based climate litigation aimed at addressing climate change-induced loss and damage, underlining its potential as a transformative force amid the minimal progress towards a coordinated global response on this topic. It builds on literature highlighting the potential of rights-based climate litigation to fill the gap in accountability for climate change and its consequences, noting that research to date has not systematically analyzed the remedies that plaintiffs have sought or secured. By focusing on remedy claims, this study illuminates the capacity and the limitations of such litigation to unlock redress for loss and damage while highlighting its reciprocal relationship with international negotiations. This synergy implies a promising trajectory towards a more equitable climate governance framework, despite the complexities and challenges inherent in this rapidly evolving field.
In this paper, we compare the comprehension of the speech act meaning of non-canonical speech acts (i.e., rhetorical questions and surprise-disapproval questions) with the comprehension of indirect speech acts (i.e., indirect requests). Both speech act types are ‘mixed’ in the sense that they involve secondary and primary illocutionary forces, but our hypothesis is that they differ in their degree of how salient their primary illocutionary force is: On the one hand, the primary illocution is signaled by non-contextual cues (non-canonical speech acts); on the other hand, it is derived via pragmatic inferencing (indirect speech acts). We thus expect their comprehension processes to be different. We conducted a judgment experiment to test whether both speech act types differ regarding how accurate the primary illocutionary force is identified and regarding how fast that force can be identified. Our results suggest that non-canonical speech acts and indirect speech acts are indeed two distinct pragmatic and psychological phenomena: While non-canonical speech acts are more accurately identified with their primary illocutionary force than indirect speech acts, participants need more time to perform this identification for non-canonical speech acts than for indirect speech acts. Our findings shed new light on the mapping between linguistic form and illocutionary force and on the pragmatic typology of speech acts in general.
Against the backdrop of failing environmental governance, rights of nature (RoN) are lauded as the paradigm shift needed to transform law's approach to nature. RoN have been increasingly proclaimed at the domestic level but remain mostly absent from international law. As examined in this article, this is notably as a result of some profound incompatibilities between international law and RoN, including the fact that most international treaties approach nature as a resource to be owned, exploited or protected for the sake of humans. However, despite this dominant approach to nature, some areas of international law, notably under the leadership of Indigenous peoples, are starting to acknowledge a more relational approach to nature, putting forward concepts of care, kinship, and representation of nature in international law. Building on these developments, this article offers a reflection on potential synergies between RoN and international law, specifically by changing the latter's approach to nature. It argues that some of the RoN concepts concerning duty of care, institutional representation of nature's voice, and ecocentrism could serve as a platform to reinterpret some of the anthropocentric principles of international law, creating some potential synergies between RoN and international law.
Based on an original database of 49 rights-based biodiversity (RBB) lawsuits filed around the world, this article hypothesizes that rights-based norms and institutions are becoming increasingly important in legal challenges aimed at biodiversity protection. We explain retrospectively the antecedents and characterize early RBB litigation by constructing a typology of cases and legal arguments that litigants and courts have used to establish the connection between biodiversity and rights protection. We then, prospectively, draw on our RBB case database and the trajectory of human rights and climate change (HRCC) litigation to anticipate likely trends, opportunities, and obstacles for future RBB cases. We posit that future RBB cases will build on the foundations laid by pioneering RBB cases, will apply lessons from HRCC litigation, and will systematically frame biodiversity loss as a rights issue.
Taking Ktunaxa Nation v. British Columbia as a focal point, the author argues that the legal framing of Indigenous sacred land claims in terms of religious freedom carries significant costs. It impels courts to bracket consideration of sovereignty and territorial rights, while positioning Indigenous worldviews as nonrational rather than as dynamic intellectual traditions and ways of life that are respectably different from those embodied in settler systems of law. Genuinely fair adjudication of such claims requires not religious exemptions from general laws but recognition of the sui generis rights of Indigenous nations in relation to lands they never ceded (acknowledging historical injustice); deep differences between dominant European settler and Indigenous cultures (acknowledging that settler law is also cultural); and the validity of Indigenous environmental philosophies (acknowledging that they are no less rational than Western ones).
A curious list from the Mishnah lists seven labors that a woman does for her husband. The juxtaposition of these seven tasks in a list creates a hierarchy among them, which dictates the order in which the performance of a task is transferred to an enslaved woman as the size of the woman’s dowry increases. Scholars read this text to understand how wealth shapes a woman’s labor obligations, but they have taken the form and contents of the list as a given. This article argues that the list establishes the category of wives’ work in rabbinic literature and defines it as work that is performed interchangeably by the wife or enslaved women. The form of the list can be compared to other lists within the Mishnah as well as lists of housework in contemporary traditions. These comparisons allow for a more critical stance toward the interplay of slavery and status in the Mishnah. The Mishnah’s framing of a wife’s work as interchangeable belies how the individual tasks were embedded in broader social, economic, and technological transformations.
We argue that behavioural public policies (BPP) should be categorized by the kind of mechanism through which they operate, not by the kind of treatment they implement. Reviewing the energy consumption BPP literature, we argue (i) that BPPs are currently categorized by treatment; (ii) that treatment-based categories are subject to mechanistic heterogeneity: there is substantial variation of mechanisms within each treatment type; and (iii) that they also display mechanistic overlap: there is substantial overlap between mechanisms across treatment types. Consequently, current categorizations of BPPs do not reveal the conditions of their efficacy and should be revised to better reflect mechanistic information.
This essay responds to Timothy Brennan’s recent biography of Edward Said by delving into Said’s relation to Frantz Fanon, who became an important influence in the second half of his career. Particularly, it considers whether Said’s readings and misreadings of Fanon signal a wider break with the latter’s notion of the “colonized intellectual.” Said, it emerges is more an “imperialized” intellectual, whose post-nationalist anti-imperialism is an attempt to sustain the Marxist anticolonial legacy in an era of neo-imperial consolidation. The article also considers how Said’s anti-imperialism is shaped by the idiosyncrasies and unique challenges of the Palestinian anti-colonial struggle.
Gender inclusive writing, a term that refers to a wide range of feminist linguistic practices aimed at reducing linguistic androcentrism, has been the topic of heated debates in France. Recent experimental studies have investigated its interpretation and showed that inclusive forms with the point médian (“étudiant·e·s”) and repetition (“étudiants et étudiantes”) feminize participants’ mental representations compared to the generic masculine (“étudiants”). In this article, we bring novel results from three experiments investigating the interpretation of these two inclusive forms in a more detailed context (university brochures). We find that the point médian is subject to “context dilution” effects: its meaning disappears in rich contexts, while repetition consistently changes readers’ mental representations, provided it is used systematically. We argue that our results show the necessity of looking at more ecological contexts in experimental (socio)linguistics for understanding the interpretation and processing of socially important linguistic variants.
The iconic Dupljaja chariot model from the Carpathian Basin informs us on cosmologies and technologies of Bronze Age societies in Europe between 1600 and 1200 BC. It communicates key elements of religious imagery and ritual practice alongside technical features of working chariots. Through a detailed reappraisal employing use-wear, compositional, and iconographic analyses as well as 3D modelling of the chariot model, the authors explore the social context of its creation and use. Integrating functional wheels with four spokes and iconographic depictions of the similar cross-in-circle symbol, the Dupljaja chariot combines and cross-references motifs with pan-European relevance in the Bronze Age. The study aims to better understand the interplay between the local and regional context of the Dupljaja chariot and how its distinct features arose from the material and ideological networks defining later Bronze Age Europe.
After more than three decades of negotiations, the international response to climate change under the United Nations Framework Convention on Climate Change (UNFCCC) appears to have come full circle. At COP27, parties to the UNFCCC agreed to establish a multilateral fund to address loss and damage from global temperature rise, an idea that was initially put forward by the Alliance of Small Island States (AOSIS) in the early 1990s. Employing a historical critique, which draws upon archival and doctrinal research and interviews with key informants who participated in the early days of the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change, this article examines the AOSIS proposal in its wider historical context, and provides reflections for the renewed endeavour to negotiate a multilateral fund on loss and damage, in particular with a view to achieving justice for climate victims.
Within the prevailing historiographical tradition of modern India, critics see the Poona Pact as having “disenfranchised” Dalits, which they attribute to the fact that, due to the numerical superiority of caste Hindus, the implementation of joint electorates resulted in the consolidation of power within the Indian National Congress: the party that, critics allege, protected the interests of the caste Hindu community. Critics further argue that Dalit candidates who successfully ran for office under the Congress party’s banner, garnering support mostly from caste Hindu voters, failed to speak for the interests of the Dalit community effectively. This article examines the returns of the provincial assembly elections held in 1936–1937 and 1945–1946, as well as the functioning of the Congress ministries in the provinces of British India between 1937 and 1939 and 1946 and 1947 to challenge the criticisms mentioned above and to argue that the inclusion of reserved seats, primary elections, and cumulative voting mechanisms had a significant role in enhancing the potential of the Poona Pact to ensure genuine descriptive representation of Dalits. The article also finds that the affiliation of Dalit legislators with the Congress party had a beneficial impact on their substantive representation in the provincial legislatures where the Congress formed ministries because Dalit interests and the ideological and programmatic dynamics of the Congress party were congruent. In this context, Gandhi, a member of the caste Hindu community, played the role of a “critical actor” who encouraged the Congress party to undertake measures to advance the interests of the Dalit community. Moreover, a powerful and autonomous anti-untouchability movement led by the Harijan Sevak Sangh played a crucial role in enhancing the institutional capabilities of the Congress governments, enabling them to effectively address the concerns and challenges faced by the Dalit community, which further bolstered the substantive representation of Dalits.
How do bureaucrats implement public policy when faced with political intermediation? This article examines this issue in the distribution of land rights to informal settlements in the municipality of São Paulo, Brazil. Land regularization is a policy established over three decades, where politicians’ requests for land titles to their constituencies play a relevant role. Based on interviews and documents, this study finds that bureaucrats adopt a twofold approach to regulate distribution: they document informal settlements, enacting eligibility criteria; then, they manage and prioritize beneficiaries, accommodating qualifying political demands. In this process, they enforce eligibility rules consistently across cases, constraining political intermediation to a rational scheme. Therefore, bureaucrats reconcile nonprogrammatic politics and policy rules by separating eligibility assessment from beneficiary selection. This paper bridges urban distributive politics and street-level bureaucracy literature by revealing that policy implementers may use technical expertise to curb political influence and negotiate conflicting interests and constraints.
The idea that Protestantism in post-Reformation England was inherently hostile to the visual arts has a long history and has become embedded across an interdisciplinary scholarship and within popular consciousness. While more recent historiography addresses numerous exceptions to this prevailing trend, this article provides a new assessment of how English Protestantism in a more positive mood not only came to terms with the image but actively embraced it. In identifying patterns of thinking within a wide body of contemporary comment, we offer a chart in the mode of early modern figurative diagrams to emphasize the diverse criteria that Protestants weighed when considering whether an image was suitable for its intended purpose, from the circumstances of its making and using through audience response to location, medium, subject matter, and patron. In doing so, we stress the importance of historicizing the sense of the terms civil and religious use, which do not map neatly onto a modern reading of secular and sacred spaces. We further illustrate how the criteria of the model operated in practice, through detailed analysis of two extant artworks commissioned by committed Protestants, highlighting keen engagement with pictorial art in theory and in practice. The shift in emphasis from rejection to reconciliation captures the spirit of English Protestantism's negotiation and rapprochement with the image over the period ca. 1560–ca. 1640.