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How is the craft history of ordinary woodcarvers different from the political and economic history of elites and literati? This article tells a transnational history of Ningbo miniature whitewood figurines that were first collected by Western travelers as souvenirs from the 1870s to 1940s and then shipped to the West as export craft from the 1950s to 1980s. The examination of the makers, buyers, and collectors of these figurines reveals a dialectic process between carving and collecting. Focusing on both the making and circulation of these figurines, the article uncovers a new layer in modern Chinese history: with the political regime changing from the imperial state to socialist state, the carving and business practices of local artisans continued at its own rhythm. Less than three and a half inches tall, Ningbo whitewood figurines represent a miniature China carved and consumed on a global scale during the long twentieth century.
What would Chinese history look like with things taking the center stage? Our present understanding of this history is animated primarily by literate people in pursuit of examination degrees and sons, and often filtered through such modern social science categories as culture, ethnicity, and gender. In this introduction, I put the set of five articles in the special issue in conversation with recent research to identify new analytic categories and research strategies that accord agency to things, remap the parameters of Chinese history, and ponder the new directions afforded by the study of material cultures.
The aftermath of the Second World War represented a major turning point in the history of French and European physical sciences. The physicist's profession was profoundly restructured, and in this transition the role of internationalism changed tremendously. Transnational circulation became a major part of research training. This article examines the conditions of possibility for this transformation, by focusing on the case of the summer school for theoretical physics created in 1951 by the young Cécile Morette (1922–2017), just in front of Mont Blanc, at Les Houches. First I show that ultimately it was only thanks to extremely specific and intertwined social positions and dispositions, in terms of class and gender (derived from her socialization as an expected dame de la bourgeoisie), and through the interactions between such social attributes and a dramatic life event, that Morette managed to gather a network diverse, powerful and transnational enough to create this institution. Then, following the first years of this school, I show how it became an international model, paving the way to new articulations between the local, the national and the global scales, even beyond the Cold War oppositions.
The question of legal ‘style’ is a central one in comparative law, as mainstream comparative law tends to downplay its importance. The kinds of comparative law scholarship that have attracted most attention in the last decades – the ‘harmonisation projects’ and the ‘legal origins’ literature (perhaps also the ‘legal formant’ literature) – indeed adopt a functionalistic approach to legal systems, whereby only the outcome of judicial decisions (and the factors causally feeding into them) matters – that is, their style does not. This narrow perspective has led to arguments in favour of harmonisation of law worldwide – the thesis according to which law everywhere does and should converge so as to facilitate transnational commerce and globalisation more generally. I propose to argue that legal style matters, as law is about much more than just resolving disputes. Specifically, it is also, and most importantly, a collective statement of identity. To illustrate, I plan on analysing some of the most striking stylistic differences between French and English law, and outline the different such statements emerging from them.
This paper explores the relationship between style and epistemology as regards the discipline of law – especially in the Romanistic tradition – and, more specifically, its resistance to interdisciplinarity. Drawing on literary theory and discourse analysis literature, the first part of this paper examines the notion of ‘style’ in relation to academic disciplines. It argues that the variety of writing styles reflects the various epistemologies underlying the different disciplinary discourses and makes interdisciplinarity difficult to implement in general. The second part of this study borrows Roland Barthes's distinction between ‘readerly’ and ‘writerly’ texts in order to show that lawyers’ writing manners hinder the ability of law to connect with other disciplines. Against the background of the two sections, this contribution will finally include a discussion on what could be done to enhance law(yers)’s capability for interdisciplinary thinking, concluding that style might be not so insignificant a place to start with.
This paper recounts the author’s conversations with Ryan Farnsworth, a 30-year-old ALS patient who consented to be interviewed for the purpose of improving communication between physicians and patients. Under the California End of Life Option (ELOA), the patient had been prescribed medication that would allow him to end his life at a time of his choosing. He describes coping with the challenges of the illness, how he will make the decision when to take the drugs and what he hopes will be his legacy.
The question as to whether people with an addiction have control (and to what extent) over their addiction, and voluntarily decide to use substances is an ongoing source of controversy in the context of research on addiction, health policy and clinical practice. We describe and discuss a set of five challenges for further research into voluntariness (definition[s], measurement and study tools, first person perspectives, contextual understandings, and connections to broader frameworks) based on our own research experiences and those of others.
The comprehensible style of legal texts seems to be a predominantly linguistic problem. This is how the plain-legal-language movements present it. But, while plain-language statutes have been on the agenda for decades in every civilised country, laws still become more and more complicated. The paper attempts to explain this controversy. First, it argues that comprehensibility has more aspects beyond the linguistic or stylistic one. Sometimes it is the linguistically simplest texts that raise the most serious comprehensibility problems. The paper refers to two pieces of corpus linguistic research that provide evidence that vocabulary and grammar in themselves do not explain the incomprehensibility of the legal texts. Second, for a more subtle handling of the comprehensibility problem, the paper offers a framework of three typical pragmatic situations – the processual, the problem-solving and the compliance settings – where comprehensibility problems arise in different ways. The conclusion of the paper is that, contrary to the usual explanation that the main reason for incomprehensibility is that, in law, clarity and accuracy can be only employed at each other's expense, it is rather the systemic and interpretive character of law and the growing importance of technical rules that hinder the understanding of legal texts.
McCabe and Turner raise a number of perceptive points concerning my treatment of John Stuart Mill's political economy of progress and its relation to socialism. In giving context to their points this article first tries to clarify Mill's understanding of socialism as anchored in his positive classical economics. Mill the utilitarian philosopher endorses socialism, but he anticipates its arrival based on his materialist understanding of history. In this materialist context, the article argues that Mill expects the economy of worker cooperatives to advance from one focused on relational equality to one focused on luck egalitarianism. This shift is again supported by Mill's own utilitarian principles, but it is ultimately the product of what he anticipates will be the political economy of the cooperative mode of production.