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Shang Yang 商鞅 and Legalist 法家 Reform in the Ancient Chinese State of Qin 秦
SHANG YANG 商鞅 AND LEGALIST 法家 REFORM IN THE ANCIENT CHINESE STATE OF QIN 秦 Daniel HAITAS Abstract Legalism has played a major role in the history of the Chinese legal and governmental tradition. One of the major exponents and formulators of this school of thought in ancient times was Shang Yang, an official in the state of Qin. Shang Yang oversaw a program of law reform in Qin in such areas as criminal law and the economic life of the country which aimed to strengthen the power of the state. This can be said to have had long term consequences for both Chinese and world history, in that the strengthening and reorganization of Qin along the lines of Legalist principles helped lead to its gaining preeminence amongst the other states vying for influence in the Warring States period, ultimately leading to the unification of China under the rule of the Qin dynasty. Keywords: Shang Yang, Legalism, law reform, Qin state, criminal law, economic regulation. that would be known among the general population, which included a system of strict punishments to be 1. Introduction applied equally to all. Additionally, he implemented Throughout much of the history of the Chinese reforms that favoured agriculture at the expense of legal and governmental tradition, two different schools commerce. of thought have been portrayed as competing and This study particularly draws on the Book of Lord coexisting at the same time; these are the Legalists 法 Shang 商君書, the earliest surviving and foundational 1 家 and the Confucians 儒家 . Both sought to maintain text of the Legalist school whose authorship is 7 social order, yet differed in the primary methods attributed to Shang Yang . -
International Law and Contemporary Forms of Slavery: an Economic and Social Rights-Based Approach A
Penn State International Law Review Volume 23 Article 15 Number 4 Penn State International Law Review 5-1-2005 International Law and Contemporary Forms of Slavery: An Economic and Social Rights-Based Approach A. Yasmine Rassam Follow this and additional works at: http://elibrary.law.psu.edu/psilr Recommended Citation Rassam, A. Yasmine (2005) "International Law and Contemporary Forms of Slavery: An Economic and Social Rights-Based Approach," Penn State International Law Review: Vol. 23: No. 4, Article 15. Available at: http://elibrary.law.psu.edu/psilr/vol23/iss4/15 This Article is brought to you for free and open access by Penn State Law eLibrary. It has been accepted for inclusion in Penn State International Law Review by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. I Articles I International Law and Contemporary Forms of Slavery: An Economic and Social Rights-Based Approach A. Yasmine Rassam* I. Introduction The prohibition of slavery is non-derogable under comprehensive international and regional human rights treaties, including the Universal Declaration of Human Rights'; the International Covenant on Civil and * J.S.D. Candidate, Columbia University School of Law. LL.M. 1998, Columbia University School of Law; J.D., magna cum laude, 1994, Indiana University, Bloomington; B.A. 1988, University of Virginia. I would like to thank the Columbia Law School for their financial support. I would also like to thank Mark Barenberg, Lori Damrosch, Alice Miller, and Peter Rosenblum for their comments and guidance on earlier drafts of this article. I am grateful for the editorial support of Clara Schlesinger. -
The Effectiveness of Influence Activities in Information Warfare
The Effectiveness of Influence Activities in Information Warfare Cassandra Lee Brooker A thesis submitted in fulfilment of the requirements for the degree of Master of Research School of Business May 2020 Thesis/Dissertation Sheet Surname : BROOKER Given Name/s : CASSANDRA LEE Abbreviation for degree : MRes Faculty : UNSW Canberra School : School of Business Thesis Title : The Effectiveness of Influence Activities in Information Warfare Abstract Rapid, globalised power shifts, technological advances, and increasingly interconnected, ungoverned communications networks have resulted in the rise of asymmetric grey zone threats. The lines are now blurred between political, civil, and military information environments. The rise of influence activities is the new ‘sharp power’ in information warfare (the iWar). Western democracies are already at war in the information domain and are being out-communicated by their adversaries. Building on the commentary surrounding this contemporary threat, and based on a review of the literature across three academic disciplines of: Systems Thinking, Influence, and Cognitive Theory; this study aimed to investigate solutions for improving Australia’s influence effectiveness in the iWar. This study asked how systems thinking can offer an effective approach to holistically understanding complex social systems in the iWar; as well as asking why understanding both successful influencing strategies and psychological cognitive theories is central to analysing those system behaviours. To answer the aim, a systems thinking methodology was employed to compare two contrasting case studies to determine their respective influencing effectiveness. The successful case system comprising the terrorist group ISIS was compared and contrasted with the unsuccessful case system of Hillary Clinton’s 2016 election campaign – using a single stock of influence to determine relevant reinforcing and balancing feedback. -
Malibongwe Let Us Praise the Women Portraits by Gisele Wulfsohn
Malibongwe Let us praise the women Portraits by Gisele Wulfsohn In 1990, inspired by major political changes in our country, I decided to embark on a long-term photographic project – black and white portraits of some of the South African women who had contributed to this process. In a country previously dominated by men in power, it seemed to me that the tireless dedication and hard work of our mothers, grandmothers, sisters and daughters needed to be highlighted. I did not only want to include more visible women, but also those who silently worked so hard to make it possible for change to happen. Due to lack of funding and time constraints, including raising my twin boys and more recently being diagnosed with cancer, the portraits have been taken intermittently. Many of the women photographed in exile have now returned to South Africa and a few have passed on. While the project is not yet complete, this selection of mainly high profile women represents a history and inspiration to us all. These were not only tireless activists, but daughters, mothers, wives and friends. Gisele Wulfsohn 2006 ADELAIDE TAMBO 1929 – 2007 Adelaide Frances Tsukudu was born in 1929. She was 10 years old when she had her first brush with apartheid and politics. A police officer in Top Location in Vereenigng had been killed. Adelaide’s 82-year-old grandfather was amongst those arrested. As the men were led to the town square, the old man collapsed. Adelaide sat with him until he came round and witnessed the young policeman calling her beloved grandfather “boy”. -
Contemporary Slavery and Its Definition In
Contemporary Slavery 2 and Its Definition in Law Jean Allain Had Olaudah Equiano, Abraham Lincoln, or William Wilberforce been able to look into the future to the twenty-first century, what they may have been most struck by was not how far we had come in ending slav- ery and suppressing human exploitation but, rather, that we had yet to agree on what in fact the term “slavery” means. This is a rather intrigu- ing puzzle, as a consensus has existed for more than eighty-five years among states as to the legal definition of slavery. Yet, this definition has failed to take hold among the general public or to “speak” to those in- stitutions interested in the ending of slavery. At first blush, this is not so hard to understand since the definition, drafted in the mid-1920s by legal experts, is rather opaque and seems to hark back to a bygone era. The definition found in the 1926 Slavery Convention reads: “Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership is exercised.”1 At first sight, the definition really does not convey much to the reader, but for the fact that it appears to require that a person own another. As the ownership of one person by another has been legislated out of existence – again – it appears that this definition would have no traction in the contemporary world. Yet, this is not so since the legal definition of slavery established in 1926 has been confirmed twice: first, by being included in substance in the 1956 Supplementary Convention Contemporary Slavery -
Teaching American Indian History with Primary Sources Popovi Da, the Great Pueblo Artist, Was Quizzed One Day on Why the Indians
In partnership with The Organization of American Historians/National Park Service Northeast Region History Program National Park Service U.S. Department of the Interior December 2020 Teaching American Indian History with Primary Sources Popovi Da, the great Pueblo artist, was quizzed one day on why the Indians were the first ones on this continent. “We had reservations,” was his reply. Another time, when questioned by an anthropologist on what the Indians called America before the white man came, an Indian said simply, “Ours.” … Some years ago at a Congressional hearing someone asked Alex Chasing Hawk, a council member of the Cheyenne River Sioux for thirty years, “Just what do you Indians want?” Alex replied, “A leave-us-alone law!!” –— Vine Deloria Jr., Custer Died for Your Sins (1988) 4 Contents Acknowledgments. 8 A Note on the Names of Indian Nations . 9 A Note to Educators . .10 Suggested Classroom Strategies . .11 A Brief Timeline of the History of Indian Nations in North America . .16 CHAPTER 1 Identity: Stereotypes and Choices. 20 What Is Identity?. 20 Exercises. 22 Exercise 1.1: Wheel of Identity . .22 Exercise 1.2: Venn Diagram of Identity . .23 Exercise 1.3: Stereotypes. 24 Readings Reading 1.1: How Are Stereotypes Created?. 25 Reading 1.2: Mascots and Stereotypes . .29 Reading 1.3: “I’m Not the Indian You Had in Mind”. 35 Reading 1.4: Names Matter. 36 CHAPTER 2 God, Greed, and Violence: Colonialism . .39 Settler Colonialism. 42 Colonialism and Its Critics . .44 Readings Reading 2.1: Who “Owns” America? The Doctrine of Discovery . .45 Reading 2.2: Creed or Greed? . -
Indigenous Laws for Making and Maintaining Relations Against the Sovereignty of the State
We All Belong: Indigenous Laws for Making and Maintaining Relations Against the Sovereignty of the State by Amar Bhatia A thesis submitted in conformity with the requirements for the degree of Doctor of Juridical Science Faculty of Law University of Toronto © Copyright by Amar Bhatia 2018 We All Belong: Indigenous Laws for Making and Maintaining Relations Against the Sovereignty of the State Amar Bhatia Doctor of Juridical Science Faculty of Law University of Toronto 2018 Abstract This dissertation proposes re-asserting Indigenous legal authority over immigration in the face of state sovereignty and ongoing colonialism. Chapter One examines the wider complex of Indigenous laws and legal traditions and their relationship to matters of “peopling” and making and maintaining relations with the land and those living on it. Chapter Two shows how the state came to displace the wealth of Indigenous legal relations described in Chapter One. I mainly focus here on the use of the historical treaties and the Indian Act to consolidate Canadian sovereignty at the direct expense of Indigenous laws and self- determination. Conventional notions of state sovereignty inevitably interrupt the revitalization of Indigenous modes of making and maintaining relations through treaties and adoption. Chapter Three brings the initial discussion about Indigenous laws and treaties together with my examination of Canadian sovereignty and its effect on Indigenous jurisdiction over peopling. I review the case of a Treaty One First Nation’s customary adoption of a precarious status migrant and the related attempt to prevent her removal from Canada on this basis. While this attempt was ii unsuccessful, I argue that an alternative approach to treaties informed by Indigenous laws would have recognized the staying power of Indigenous adoption. -
Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference by Fletcher Schoen and Christopher J
STRATEGIC PERSPECTIVES 11 Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference by Fletcher Schoen and Christopher J. Lamb Center for Strategic Research Institute for National Strategic Studies National Defense University Institute for National Strategic Studies National Defense University The Institute for National Strategic Studies (INSS) is National Defense University’s (NDU’s) dedicated research arm. INSS includes the Center for Strategic Research, Center for Complex Operations, Center for the Study of Chinese Military Affairs, Center for Technology and National Security Policy, Center for Transatlantic Security Studies, and Conflict Records Research Center. The military and civilian analysts and staff who comprise INSS and its subcomponents execute their mission by conducting research and analysis, publishing, and participating in conferences, policy support, and outreach. The mission of INSS is to conduct strategic studies for the Secretary of Defense, Chairman of the Joint Chiefs of Staff, and the Unified Combatant Commands in support of the academic programs at NDU and to perform outreach to other U.S. Government agencies and the broader national security community. Cover: Kathleen Bailey presents evidence of forgeries to the press corps. Credit: The Washington Times Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference By Fletcher Schoen and Christopher J. Lamb Institute for National Strategic Studies Strategic Perspectives, No. 11 Series Editor: Nicholas Rostow National Defense University Press Washington, D.C. June 2012 Opinions, conclusions, and recommendations expressed or implied within are solely those of the contributors and do not necessarily represent the views of the Defense Department or any other agency of the Federal Government. -
The Colombian Transitional Process
International Journal of Transitional Justice, 2017, 0, 1–18 doi: 10.1093/ijtj/ijx033 Article The Colombian Transitional Process: Comparative Perspectives on Violence against Indigenous Women Mo´nica Acosta,* Angela Castaneda,~ † Daniela Garcı´a,** Fallon Herna´ndez,†† Dunen Muelas*** and Angela Santamaria††† ABSTRACT1 Colombia has a comprehensive system of truth, justice and reparation stemming from its history with the justice and peace process and its most recent peace agreement. Although indigenous women are the most affected before, during and after conflict, their participa- tion is marginalized within this political context. This article discusses how Colombian transitional justice can be reconfigured when indigenous women’s practices and knowl- edge travel ‘from the margins’ to the center. We seek to demonstrate how these practices legitimize gender and other types of violence in the name of tradition and also how indig- enous women’s experiences go beyond the gendered perspective of violence as a ‘weapon of war.’ Working within the context of the peace process, we gathered data through learn- ing and teaching techniques with indigenous women in three indigenous contexts (Sierra, Pan-Amazon region and Choco´). Our focus is on the interaction between local transi- tional justice practices and the violence against indigenous women, their resistance practi- ces and the peacebuilding agendas used to implement transitional justice in Colombia. KEYWORDS: indigenous women, intersectionality, transitional justice ‘from below,’ Colombia * PhD Candidate in Sociology of Law, Basque Country University, Spain; Member, Intercultural School of Indigenous Diplomacy (EIDI). Email: [email protected] † A. Edward Myers Dolan Professor of Anthropology, Associate Professor of Anthropology and Chair of Sociology and Anthropology, DePauw University, Greencastle, IN, USA. -
EXONYMS and OTHER GEOGRAPHICAL NAMES Drago Perko, Peter Jordan, Blaž Komac MATJAŽ GERŠIČ MATJAŽ Slovenia As an Exonym in Some Languages
57-1-Special issue_acta49-1.qxd 5.5.2017 9:31 Page 99 Acta geographica Slovenica, 57-1, 2017, 99–107 EXONYMS AND OTHER GEOGRAPHICAL NAMES Drago Perko, Peter Jordan, Blaž Komac MATJAŽ GERŠIČ MATJAŽ Slovenia as an exonym in some languages. Drago Perko, Peter Jordan, Blaž Komac, Exonyms and other geographical names Exonyms and other geographical names DOI: http: //dx.doi.org/10.3986/AGS.4891 UDC: 91:81’373.21 COBISS: 1.02 ABSTRACT: Geographical names are proper names of geographical features. They are characterized by different meanings, contexts, and history. Local names of geographical features (endonyms) may differ from the foreign names (exonyms) for the same feature. If a specific geographical name has been codi - fied or in any other way established by an authority of the area where this name is located, this name is a standardized geographical name. In order to establish solid common ground, geographical names have been coordinated at a global level by the United Nations Group of Experts on Geographical Names (UNGEGN) since 1959. It is assisted by twenty-four regional linguistic/geographical divisions. Among these is the East Central and South-East Europe Division, with seventeen member states. Currently, the divi - sion is chaired by Slovenia. Some of the participants in the last session prepared four research articles for this special thematic issue of Acta geographica Slovenica . All of them are also briefly presented in the end of this article. KEY WORDS: geographical name, endonym, exonym, UNGEGN, cultural heritage This article was submitted for publication on November 15 th , 2016. ADDRESSES: Drago Perko, Ph.D. -
Social Anthropology and Two Contrasting Uses of Tribalism in Africa Author(S): Peter P
Society for Comparative Studies in Society and History Social Anthropology and Two Contrasting Uses of Tribalism in Africa Author(s): Peter P. Ekeh Reviewed work(s): Source: Comparative Studies in Society and History, Vol. 32, No. 4 (Oct., 1990), pp. 660-700 Published by: Cambridge University Press Stable URL: http://www.jstor.org/stable/178957 . Accessed: 23/01/2012 10:57 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Cambridge University Press and Society for Comparative Studies in Society and History are collaborating with JSTOR to digitize, preserve and extend access to Comparative Studies in Society and History. http://www.jstor.org Social Anthropology and Two ContrastingUses of Tribalismin Africa PETER P. EKEH State University of New Yorkat Buffalo A remarkablefeature of African studies has been the sharpdiscontinuities in the characterizationof transitionsin African history and society from one era to another. Thus, for an important example, colonialism has rarely been related to the previous era of the slave trade in the analysis of any dominant socioeconomic themes in Africa. Such discontinuity is significant in one importantstrand of modem African studies: The transitionfrom the lore and scholarshipof colonial social anthropologyto postcolonial forms of African studies has been stalled into a brittle break because its central focus on the "tribe" has been under attack. -
Exonyms – Standards Or from the Secretariat Message from the Secretariat 4
NO. 50 JUNE 2016 In this issue Preface Message from the Chairperson 3 Exonyms – standards or From the Secretariat Message from the Secretariat 4 Special Feature – Exonyms – standards standardization? or standardization? What are the benefits of discerning 5-6 between endonym and exonym and what does this divide mean Use of Exonyms in National 6-7 Exonyms/Endonyms Standardization of Geographical Names in Ukraine Dealing with Exonyms in Croatia 8-9 History of Exonyms in Madagascar 9-11 Are there endonyms, exonyms or both? 12-15 The need for standardization Exonyms, Standards and 15-18 Standardization: New Directions Practice of Exonyms use in Egypt 19-24 Dealing with Exonyms in Slovenia 25-29 Exonyms Used for Country Names in the 29 Repubic of Korea Botswana – Exonyms – standards or 30 standardization? From the Divisions East Central and South-East Europe 32 Division Portuguese-speaking Division 33 From the Working Groups WG on Exonyms 31 WG on Evaluation and Implementation 34 From the Countries Burkina Faso 34-37 Brazil 38 Canada 38-42 Republic of Korea 42 Indonesia 43 Islamic Republic of Iran 44 Saudi Arabia 45-46 Sri Lanka 46-48 State of Palestine 48-50 Training and Eucation International Consortium of Universities 51 for Training in Geographical Names established Upcoming Meetings 52 UNGEGN Information Bulletin No. 50 June 2106 Page 1 UNGEGN Information Bulletin The Information Bulletin of the United Nations Group of Experts on Geographical Names (formerly UNGEGN Newsletter) is issued twice a year by the Secretariat of the Group of Experts. The Secretariat is served by the Statistics Division (UNSD), Department for Economic and Social Affairs (DESA), Secretariat of the United Nations.