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At the beginning of the twentieth century, Vital Mareille—a champion of the plaidoirie sentimentale—tried to explain the reasons for its rise in France and its continued popularity into his own era. He defined it in the following terms: “The plaidoirie [defense summation] sentimentale is, precisely, that which seeks to move; one can say: that which comes from the heart of the attorney, to address that of the judges.” The plaidoirie sentimentale had existed in France before 1800, but it entered its golden age in the nineteenth century, and became a specialized form of judicial oratory. It developed chiefly in response to the introduction of trial by jury in 1791. Attorneys had to craft a rhetorical approach that would appeal to these “simple citizens,” and for this, sentimental eloquence was ideal; however, no recent scholar has attempted a systematic study of this important form of courtroom rhetoric from its origins in the early nineteenth century to its gradual replacement after 1890 or thereabouts by a more fact-based, “positivist” approach. This is unfortunate, because the history of the plaidoirie sentimentale reveals much. It includes juridical issues such as how the rhetorical practices of magistrates themselves contributed to the affective nature of French jury trial and the impact of the abolition in 1881 the résumé (summing up),which had been the judge's one means of countering the effect on a jury of an eloquent defense summation. It also reveals important changes in the attitudes of judges and jurors toward male mistreatment of women and the sexual “double standard” from the middle of the nineteenth century on and of how attorneys of the era drew on both the “new” emotion of sympathy and the “old” one of honor to persuade jurors to acquit. This adds to the evidence that emotions have a “history.”
That spirits and gods, devils and idols, should be endowed with legal rights and enjoyments is again a practice as common as it seems to be ancient.
Perhaps you will go to the length of saying that much the most interesting person that you ever knew was persona ficta.
In May 1926, the German Society for International Law discussed the foundational question of the subjects of international law. “Who can appear independently before international forums? only states? or also others, particularly individuals?” asked the speaker, Godehard Josef Ebers, a professor at the University of Cologne. The topic possessed a strange novelty. “In the nineteenth century one hardly even considered the problem,” Ebers noted incredulously. Now it appeared both neglected and pressing. The society's resolutions that year recognized that ever more non-state “factors”—including groups such as minorities as well as individuals—were emerging as the bearers of international rights and duties. The appearance of these new subjects suggested a transformation in the deep conceptual substructure (Grundauffassung) of international law, which had hitherto recognized states alone as international persons.
[It] is not I who am on trial here today, but the Law of the New Hebrides.
In 1906, Britain and France jointly annexed the New Hebrides. A y-shaped archipelago in the southwest Pacific Ocean, the New Hebrides—which became Vanuatu upon independence in 1980—comprised some eighty islands characterized by high levels of linguistic and cultural diversity. At the moment of annexation, there were also Presbyterian, Anglican, and Catholic missionaries and Euro-American planters and traders, who overlaid religious and national divisions onto the existing social and linguistics ones. Anglo-French rule under the New Hebrides Condominium added a hybrid legal system to this complex mix. During the colonial period, four distinct jurisdictions existed, indicative of the divided, rival nature of governance. These included joint Condominium law, British common law, French civil law, and from 1928, a native code and courts. The plurality and ambiguity of the legal system left ample space for critique and for alternative, extrajudicial justice, as this article explores.
This article explores the importance of the Derbyshire antiquarian Thomas Bateman in the context of mid-nineteenth-century debates about ethnology, craniology, and archaeological chronology. New information on the relationship between Bateman and the authors of Crania Britannica, Joseph Barnard Davis and John Thurnam, is brought to light thanks to unpublished archival material from the Sheffield Museums and the Royal Anthropological Institute. Crania Britannica was the first publication of British national skull types from prehistory to the Anglo-Saxon period. The publication employed the techniques of craniology—the systematic study of head types—as a chronological tool. Indeed, craniology is often seen as the mechanism by which the Three Age System was initially received in Britain and Ireland. Here, Bateman's involvement in the publication and his own theories on the development of the past with regard to cranial sequencing and archaeological chronology are explored in greater detail.
When a state claims its practices are lawful but at the same time another claims this unlawful, a paradox emerges. Legal indeterminacy becomes the ordinary rule, while the resolution of disputes is designated the exception. To illustrate how international law deals with paradoxes, this paper will employ the dichotomy of upstream–downstream trans-boundary interstate relations. Here the paradox arises, since upstream states traditionally advocate for the free utilisation of water within their territory, while downstream states instead advocate for the waters full continued flow. Although, from a logical perspective, such a paradox would typically be viewed as something negative, from a social perspective, paradoxes also draw attention to the frames of common sense. Indeed, by employing a Luhmannian-inspired theoretical framework, this paper proposes that, through a sociological understanding of paradoxes, one can more adequately rediscover and reconceptualise the manner in which international law institutionalises conflicting expectations into a more harmless, bounded and permitted contradiction.
An adjectival construction is evaluative if and only if it conveys that the property associated with the adjective exceeds a relevant threshold. The questions of which adjectival constructions are evaluative and why have formed the foundation for semantic theories of these constructions and of adjectives themselves (Klein 1980, von Stechow 1984), although it has been alleged that these theories are based on an incomplete picture of the phenomenon of evaluativity (Bierwisch 1989, Rett 2008a). We present the first experimental tests of the scope and nature of evaluativity across adjectival constructions and adjective types. These studies confirm that evaluativity is conditioned by adjective type (relative or absolute, Kennedy & McNally 2005) and is not restricted to the positive construction. However, they also show several new and surprising aspects of evaluativity: that it is perhaps better characterized as a gradable property than a binary one; that the ways in which relative and absolute adjectives differ in their evaluativity vary across construction; and that, contrary to standard intuitions, subjects are willing to attribute evaluativity to the subject position of comparative constructions like Sue is taller than Bill. We show that this last particularly surprising result reveals a lot about how subjects interpret contextually sensitive constructions, and we discuss its consequences for experimental studies and semantic theories of adjectival evaluativity as well as context-sensitive phenomena more generally.
In 2016, we marked the 25th anniversary of the signing of the Protocol on the Environmental Protection to the Antarctic Treaty, or the Madrid Protocol. The Protocol signalled a commitment to address issues of climate change and the protection of the Antarctic resources. Russia exerted appropriate efforts pursuant to scientific research programmes, tourism and all other governmental and non-governmental activities. In the light of the commemoration of the anniversary, this paper highlights major steps of the Russian Federation toward the implementation of the international agreement and application of scientific principles for environmental protection and management in Antarctica.
This article explores the trajectory of the Italian comic archetype, ‘The Opportunist’, and how it illuminates, and allows us to draws connections between, numerous junctures of modern Italian history. The caricature ‘Arlecchino’, deriving from the masked ‘types’ of the commedia dell’arte of the fifteenth and sixteenth centuries, is an historic exemplar of the Italian ‘everyman’ who simultaneously evades and exploits the established order in order to ‘get by’, ‘get ahead’ and survive. Filmmakers of la commedia all’italiana such as Mario Monicelli, Dino Risi and Lina Wertmuller, employed this caricature of the wily – yet ultimately harmless – petty crook in their work. They did so not in order to reinforce prejudices of Italians as self-serving and apathetic, but in order to examine what it meant to ‘survive’ 20 years of Fascism and the socio-political turmoil of post-war Italy. Examining how this caricature has historically evolved according to its ever-shifting social milieu illuminates not only certain defining moments of Italian history, but also how this archetype has contributed to popular understandings about Italy’s past and its people.