scholarly journals The role of the natural law in the French second colonial Empire. The example of the French colonial law in Algeria (1830-1930)

2021 ◽  
Vol 65 (3) ◽  
pp. 141-181
Author(s):  
Amar Laidani
Keyword(s):  
French Revolution ◽  
Natural Law ◽  
Private Property ◽  
Customary Law ◽  
The Reformation ◽  
Colonial Empire ◽  
History Of ◽  
French Colonial ◽  
Law Making

The article examines the role played by the natural law in the History of French colonial law during the Second French colonial Empire. We analyse how the notion of the natural law, which was perceived as an instrument of emancipation during the French Revolution, became an instrument of legal acculturation in the French colonial law in Algeria. We focus the attention on the case of Algeria during the period 1830-1930, for the reason that in this colony, the French tried to apply a policy of legal assimilation that tried to modify the Muslim law and the Kabyle customary law, making them more similar to the French law. The natural law had an important role in three phenomena: the implantation of private property, the codification of the Kabyles’ customs and the Muslim Law and the reformation of the customary law in the matters of inheritance and marriage.

scholarly journals Customary Law and the Revival of Natural Rights Reformism in Amelia Opie's Adeline Mowbray

2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Mark Zunac
Keyword(s):  
Political Violence ◽  
French Revolution ◽  
Natural Law ◽  
Natural Rights ◽  
Customary Law ◽  
The Political ◽  
The Novel ◽  
Social Good ◽  
Philosophical Debates

This essay investigates the role of natural law within the philosophical debates in 1790s Britain over the origins and applicability of citizens' rights, an issue amplified by memories of the French Revolution. It marks Amelia Opie’s 1805 novel Adeline Mowbray as representative of a counterrevolutionary faction focused extensively on the rights of citizens, yet fully distinct from the theoretically grounded cosmopolitan vision of both the French Jacobins and their radical British counterparts. The novel serves as evidence that the British counterrevolution was not intrinsically opposed to reform, and that reform itself was not incompatible with moral duty and social good nor antithetical to a more nationalistic - though broadly based - conception of "rights." In fact, it seems to be presented by Opie as a conscious alternative to revolutionary theories of universal right, by 1805 viewed by many as the progenitor of the political violence that had ensued following the fall of the Bastille sixteen years earlier.

scholarly journals ERASMUS AND JUAN LUIS VIVES ON RHETORICAL DECORUM AND POLITICS

2021 ◽  
pp. 1-22
Author(s):  
KAARLO HAVU
Keyword(s):  
Sixteenth Century ◽  
Political Rhetoric ◽  
Rhetorical Theory ◽  
History Of Rhetoric ◽  
Rhetorical Situation ◽  
Internal Development ◽  
Close Analysis ◽  
The Reformation ◽  
History Of

Abstract The article analyses the emergence of decorum (appropriateness) as a central concept of rhetorical theory in the early sixteenth-century writings of Erasmus and Juan Luis Vives. In rhetorical theory, decorum shifted the emphasis from formulaic rules to their creative application in concrete cases. In doing so, it emphasized a close analysis of the rhetorical situation (above all the preferences of the audience) and underscored the persuasive possibilities of civil conversation as opposed to passionate, adversarial rhetoric. The article argues that the stress put on decorum in early sixteenth-century theory is not just an internal development in the history of rhetoric but linked to far wider questions concerning the role of rhetoric in religious and secular lives. Decorum appears as a solution both to the divisiveness of language in the context of the Reformation and dynastic warfare of the early sixteenth century and as an adaptation of the republican tradition of political rhetoric to a changed, monarchical context. Erasmus and Vives maintained that decorum not only suppressed destructive passions and discord, but that it was only through polite and civil rhetoric (or conversation) that a truly effective persuasion was possible in a vast array of contexts.

Natural Law Republicanism

2021 ◽  
Author(s):  
Michael C. Hawley
Keyword(s):  
Natural Law ◽  
John Locke ◽  
Private Property ◽  
Political Legitimacy ◽  
John Adams ◽  
Political Ideas ◽  
The People ◽  
Hugo Grotius ◽  
History Of ◽  
The Individual

By any metric, Cicero’s works are some of the most widely read in the history of Western thought. This book suggests that perhaps Cicero’s most lasting and significant contribution to philosophy lies in helping to inspire the development of liberalism. Individual rights, the protection of private property, and political legitimacy based on the consent of the governed are often taken to be among early modern liberalism’s unique innovations and part of its rebellion against classical thought. However, this book demonstrates that Cicero’s thought played a central role in shaping and inspiring the liberal republican project. Cicero argued that liberty for individuals could arise only in a res publica in which the claims of the people to be sovereign were somehow united with a commitment to universal moral law, which limits what the people can rightfully do. Figures such as Hugo Grotius, John Locke, and John Adams sought to work through the tensions in Cicero’s vision, laying the groundwork for a theory of politics in which the freedom of the individual and the people’s collective right to rule were mediated by natural law. This book traces the development of this intellectual tradition from Cicero’s original articulation through the American founding. It concludes by exploring how modern political ideas remain dependent on the conception of just politics first elaborated by Rome’s great philosopher-statesman.

scholarly journals Masjid Kuno di Pulau Haruku Propinsi Maluku (Kajian Sejarah, Bentuk dan Fungsi)

2016 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Alfan Firmanto
Keyword(s):  
Indigenous People ◽  
Customary Law ◽  
Dominant Factor ◽  
Floor Plan ◽  
Sharia Law ◽  
Culture Influence ◽  
On This Island ◽  
History Of

The history of Islamic development on the Haruku island, cannot be separated from the role of Muslim leaders or scholars who came from the Java. Evidence of the influence of Islam in Java can be seen from the architecture of the mosque on this island which takes the form of mosques of Wali in Java. This influence can also be seen from the shape of the terraced roof and floor plan of the mosque is square, which suggests a very strong Javanese mosque architecture. Nevertheless Javanese culture influence on the structure of society in Haruku is not always visible. The mosque on the island Haruku, not only serves as a place of worship, but also has other functions, namely as a symbol of communion between state and customs , as well as a symbol of the existence of an indigenous people. Customary law is a stronger influence than the main sharia law in Rohomoni. This study concludes that the Mosque has developed a more dominant factor as a customary symbol than a religious building. Keywords : Ancient Mosque, Haruku, Ambon, Islam, Indonesia. Sejarah perkembangan agama Islam di pulau Haruku Ambon tidak bisa dilepaskan dari para tokoh ataupun ulama yang berasal dari pulau Jawa. Bukti pengaruh Islam dari Jawa dapat dilihat dari bentuk arsitektur masjid di pulau tersebut yang mengambil bentuk dari masjid-masjid Wali di Jawa. Terlihat dari bentuk Atapnya yang bertumpang dan denah masjid yang berbentuk bujur sangkar, dari segi ini pengaruh arsitektur masjid Jawa sangat kuat. Meskipun demikian secara adat dan budaya tidak terlihat pengaruh budaya Jawa pada struktur masyarakat di Haruku. Masjid di pulau Haruku, tidak sekedar berfungsi sebagai tempat ibadah, tetapi mempunyai fungsi lain yaitu sebagai simbol persekutuan antar negeri dan adat, juga sebagai simbol eksistensi sebuah masyarakat adat. Pengaruh hukum Adat lebih kuat daripada hukum syariat utamanya di negeri Rohomoni. Sehingga terkesan Masjid lebih dominan digunakan sebagai simbol adat daripada bangunan ibadah. Kata Kunci : Masjid Kuno, Haruku, Ambon, Islam, Indonesia.

Reformation, Resistance, and Reason of State (1517-1625)

2021 ◽  
Author(s):  
Sarah Mortimer
Keyword(s):  
Intellectual History ◽  
Natural Law ◽  
Political Thought ◽  
Political Power ◽  
Wide Range ◽  
Political Theories ◽  
The Reformation ◽  
Reason Of State ◽  
History Of ◽  
New Ideas

The period 1517–1625 was crucial for the development of political thought. During this time of expanding empires, religious upheaval, and social change, new ideas about the organization and purpose of human communities began to be debated. In particular, there was a concern to understand the political or civil community as bounded, limited in geographical terms and with its own particular structures, characteristics, and history. There was also a growing focus, in the wake of the Reformation, on civil or political authority as distinct from the church or religious authority. To explain these new ideas about political power, the concept of sovereignty began to be used, alongside a new language of reason of state. Yet political theories based upon religion still maintained significant traction, particularly claims for the divine right of kings. In the midst of these developments, the language of natural law became increasingly important as a means of legitimizing political power; natural law provided a rationale for earthly authority that was separate from Christianity and its use enabled new arguments for religious toleration. This book offers a new reading of early modern political thought, drawing on a wide range of sources from Europe and beyond. It makes connections between Christian Europe and the Muslim societies that lay to its south and east, showing the extent to which concerns about the legitimacy of political power were shared. It demonstrates that the history of political thought can both benefit from, and remain distinctive within, the wider field of intellectual history.

Making Settlers Muslim: Religion, Resistance and Everday Life in Nineteenth-Century French Algeria

2019 ◽  
Vol 33 (2) ◽  
pp. 259-277
Author(s):  
Jennifer Sessions
Keyword(s):  
Nineteenth Century ◽  
Everyday Life ◽  
Social Practices ◽  
Causal Role ◽  
North African ◽  
Religious Ritual ◽  
History Of ◽  
French Colonial ◽  
Body And Soul

Abstract On 26 April 1901, members of the Righa tribe overran the French colonial village of Margueritte in central Algiers province. They seized the settlement’s male colonists and demanded they ‘make [them]selves Muslims’ by reciting the shehada and donning North African clothing. Several Europeans who could not or would not comply were killed. This article explores the meanings of this forced conversion of European settlers, which made the Margueritte revolt unique in the history of Algerian resistance to French colonialism. For French colonial officials, the religious ritual indicated the causal role of ‘Islamic fanaticism’ in fomenting the revolt. Administrators and magistrates focused their investigations on the religious habits of the revolt’s leaders, possible ties to Sufi brotherhoods and pan-Islamist conspiracies. But in doing so, they largely overlooked the more quotidian meanings of the conversion ritual for the inhabitants of Margueritte itself. By resituating the symbolic transformation of body and soul within the cultural logics of everyday life in the settler village, the article attempts to map out the more mundane social practices by which ethno-religious colonial hierarchies were enacted and embodied in French Algeria.

“A Trespass against the Whole Species”: Universal Crime and Sovereign Founding in John Locke’s Second Treatise of Government

2018 ◽  
Vol 46 (4) ◽  
pp. 560-585
Author(s):  
Sinja Graf
Keyword(s):  
Natural Law ◽  
Private Property ◽  
Normative Theory ◽  
The State ◽  
The Self ◽  
The Political ◽  
State Of Nature ◽  
The Subject ◽  
The Creation

This essay theorizes how the enforcement of universal norms contributes to the solidification of sovereign rule. It does so by analyzing John Locke’s argument for the founding of the commonwealth as it emerges from his notion of universal crime in the Second Treatise of Government. Previous studies of punishment in the state of nature have not accounted for Locke’s notion of universal crime which pivots on the role of mankind as the subject of natural law. I argue that the dilemmas specific to enforcing the natural law against “trespasses against the whole species” drive the founding of sovereign government. Reconstructing Locke’s argument on private property in light of universal criminality, the essay shows how the introduction of money in the state of nature destabilizes the normative relationship between the self and humanity. Accordingly, the failures of enforcing the natural law require the partitioning of mankind into separate peoples under distinct sovereign governments. This analysis theorizes the creation of sovereign rule as part of the political productivity of Locke’s notion of universal crime and reflects on an explicitly political, rather than normative, theory of “humanity.”

“A GLOWING FOOTPRINT”: HERZEN, PROUDHON, AND THE ROLE OF THE INTELLECTUAL REVOLUTIONARY

2005 ◽  
Vol 2 (2) ◽  
pp. 179-204
Author(s):  
AILEEN KELLY
Keyword(s):  
French Revolution ◽  
Cultural Influences ◽  
Significant Degree ◽  
Common View ◽  
Social Philosopher ◽  
History Of ◽  
Religion Of Humanity ◽  
Revolution Of 1848 ◽  
Century Thought

The founder of Russian socialism, Alexander Herzen, was also an original moral and social philosopher, anticipating much twentieth-century thought in his attack on “grand narratives” that endow history with a rational direction and a final goal. The critique of radical utopianism which he based on his observations of the French revolution of 1848 did not (contrary to the common view) deprive him of any further role as a revolutionary intellectual. Rather, it forced him to redefine this role. The key influences on him in this respect were the thought and the activity of Pierre-Joseph Proudhon. He saw Proudhon's attack on the anthropotheism of Feuerbach's “religion of humanity” as completing the demystification of the world begun by the Left Hegelians' critique of religious alienation, and interpreted Proudhon's unpopularity with the French Left as confirmation of his role as a forerunner who had articulated a vision of freedom from transcendent authorities and systems much in advance of his time. During his subsequent involvement in the Russian political scene Herzen modelled himself to a significant degree on Proudhon, attacking systematizers on all sides, urging a pragmatic approach to the problem of political reform, and accepting his loss of influence among Russian radicals as the price for unmasking the authoritarianism hidden in the ideologies of the Left: a notable instance of cross-cultural influences at work in the history of nineteenth-century revolutionary thought.

Children, the Liturgy, and the Reformation: the Evidence of the Lichfield Cathedral Choristers

1994 ◽  
Vol 31 ◽  
pp. 261-274
Author(s):  
T. N. Cooper
Keyword(s):  
Catholic Church ◽  
Main Concern ◽  
Recent Past ◽  
Christian Church ◽  
Central Importance ◽  
Administrative Records ◽  
The Reformation ◽  
History Of ◽  
The Church

The great interest generated by the theme of this year’s conference reflects the central importance of children in the history of the Christian Church, yet at the same time their omission from much of historical writing. For all but the recent past this is largely the result of the difficulties with the source material itself, and this is certainly true for historians of the Church during the medieval and Reformation periods. The main concern of the administrative records of the Catholic Church was with adults and, in particular, ordained men. It is to the schools that we must look for the most useful references to children and, more specifically, to the choir schools for evidence of the role of boys in the liturgy.

scholarly journals THE HISTORY OF A CALENDAR AS A CUMULATIVE TEXT OF MASS MEDIA IN THE ETHNIC CULTURE OF GERMANY

2019 ◽  
Vol 29 (6) ◽  
pp. 976-981
Author(s):  
U.A. Nebesnyuk
Keyword(s):  
Nineteenth Century ◽  
Mass Media ◽  
French Revolution ◽  
Social Consciousness ◽  
Literary Genre ◽  
Ethnic Culture ◽  
Early Nineteenth Century ◽  
Original Meaning ◽  
History Of

The article presents the analysis of composition, forms and functions of a calendar as a cumulative text of mass media in the ethnic culture of Germany from the mid-fifteenth until the early nineteenth century. It was revealed that, in connection with the growing role of narrative entertainment part since the 10s of the nineteenth century and the politicization of social consciousness during the great French Revolution, the calendar as a truly national medium of information has been undergone literarization, having lost its original meaning. Calendar stories have formed an independent literary genre which had received the name «Kalendergeschichte» in German tradition.

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