CAN WORDS PRODUCE ORDER? Regicide in the Confucian Tradition
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The Newly Expanded American Doctrine of Preemption: Can It Inclue Assassination
Denver Journal of International Law & Policy Volume 31 Number 2 Winter Article 3 April 2020 The Newly Expanded American Doctrine of Preemption: Can It Inclue Assassination Louis Rene Beres Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation Louis Rene Beres, The Newly Expanded American Doctrine of Preemption: Can It Inclue Assassination, 31 Denv. J. Int'l L. & Pol'y 157 (2002). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. THE NEWLY EXPANDED AMERICAN DOCTRINE OF PREEMPTION: CAN IT INCLUDE ASSASSINATION? LOUIS RENt BERES* On September 20, 2002, President Bush issued the National Security Strategy of the United States of America ("National Security Strategy").' Expanding this country's right of preemption in foreign affairs - a right known formally as 2 "anticipatory self-defense" under international law - the new American doctrine asserts, inter alia, that "[t]raditional concepts of deterrence will not work against a terrorist enemy whose avowed tactics are wanton destruction and the targeting of innocents...."' The doctrine goes on: "We must adapt the concept of imminent threat to the capabilities and objectives of today's adversaries. ' 4 This "adaptation" means nothing less than striking first where an emergent threat to the United States is presumed to be unacceptable.5 Might the broadened right of preemption include assassination? Normally we think of preemptive strikes in terms of military operations against enemy forces and/or infrastructures. -
Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignity Kristin M.S
University of Richmond UR Scholarship Repository Bookshelf 2015 Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignity Kristin M.S. Bezio University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/bookshelf Part of the Leadership Studies Commons Recommended Citation Bezio, Kristin M.S. Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignty. Burlington, VT: Ashgate, 2015. NOTE: This PDF preview of Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignity includes only the preface and/or introduction. To purchase the full text, please click here. This Book is brought to you for free and open access by UR Scholarship Repository. It has been accepted for inclusion in Bookshelf by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. Staging Power in Tudor and Stuart English History Plays History, Political Thought, and the Redefinition of Sovereignty KRISTIN M.S. BEZIO University ofRichmond, USA LIBRARY UNIVERSITY OF RICHMOND VIRGINIA 23173 ASHGATE Introduction Of Parliaments and Kings: The Origins of Monarchy and the Sovereign-Subject Compact in the English Middle Ages (to 1400) The purpose of this study is to examine the intersection between early modem political thought, the history that produced the late Tudor and early Stuart monarchies, and the critical interrogation of both taking place on the public theatrical stage. The plays I examine here are those which rely on chronicle histories for their source materials; are set in England, Scotland, or Wales; focus primarily on governance and sovereignty; and whose interest in history is didactic and actively political. -
Introduction: Genocide: Definitions, Questions, Settler-Coloni
Introduction Genocide: definitions, questions, settler-colonies Ann Curthoys and John Docker Genocide is … a composite of different acts of persecution or destruction. Raphaël Lemkin, Axis rule in occupied Europe1 … we need far more, not fewer, serious comparative studies. Ward Churchill, A little matter of genocide2 The idea for this collection of essays on ‘Genocide’? came originally from our reading of Marcia Langton’s comment in Australian Humanities Review in mid-2000. She said that Aboriginal writing, scholarship, and research are taking on the feel of Holocaust studies in the sense that Aboriginal people write, read, and research ‘to try to understand the terrible, inexplicable past’. She expressed disgust at ‘those who do not want what hap- pened to us and our ancestors remembered into “history”’. She did not use the word ‘genocide’. We thought the questions she raised, of how to come to terms with terrible pasts, and to what degree one can use insights from one history to interrogate another, deserved further thought. The unresolved issue for us was whether the notion of geno- cide could be fairly applied to Australian history. The Human Rights Commission’s Bringing Them Home report of 1997, which investigated the history and effects of Abo- riginal child removal in the nineteenth and twentieth centuries, had controversially argued that Australian child removal practices fell within the definition of genocide used in the UN 1948 Genocide convention. In other words, Australia had its own his- tory of genocide. This aspect of the report horrified many Australians of quite varying political views. Many people, including historians, rejected the notion that child removal could be reasonably described as ‘genocide’. -
The Conceptions of “The Distinction of Yi (Barbarians) and Xia(Chinese)”[夷夏之
The Conceptions of “the Distinction of Yi (Barbarians) and Xia(Chinese)”[夷夏之 辨] in Chinese Culture and Society –Culturalism or Cultural Chauvinism? Jau-hwa Chen [email protected] Abstract: The universal applicability of the Confucian ethics is shadowed by the concept of the yi/xia distinction. There are two theses to solve the problem: the culturalism and the ethnicity thesis. Though the culturalism and the ethnicity thesis tried very hard to solve the inconsistence in the Confucian doctrine, the problem is more complicated than solved. The conceptions of yi/xia distinction come originally from Chunqiu [春 秋], the Spring and Autumn Annals, interpreted by the three traditional commentaries, Zuo zhuan [左傳], Gongyang zhuan [公羊傳] and Gulian zhuan [轂梁傳]. Firstly, we need to investigate the historic contexts of the conceptions in the discourses of the hegemony to know its moral and political implication. Secondly, the different applications of the concept are implicitly related to a unilinear sage-kings tradition, interpreted by Mencius as an alternative of the hegemony, which can be used to exclude other ethnic groups of living together with the later so-called Han people. Mencius criticizes the competition for the hegemony in the Chunqiu and Warring States era, but is not critical enough against the emperor and his families centered political order. And lastly, in Yuan Dao, the opening treatise of the Huainanzi, instead of following the unilinear sage-kings tradition, to identify what is Chinese and what is not, a naturalistic and pluralistic ways of living are provided, which can be interpreted as a solution of the universal applicability of the Confucian ethics, to free itself from the xia (Chinese) culture centered world picture. -
Political Thoughtyuri Pinespolitical Thought
13 POLITICAL THOUGHTYURI PINESPOLITICAL THOUGHT Yuri Pines* The three centuries that preceded the establishment of the Chinese empire in 221 bce were an age of exceptional intellectual flourishing. No other period in the history of Chinese thought can rival these centuries in creativity, boldness, ideological diversity, and long-term impact. Val- ues, perceptions, and ideals shaped amid intense intellectual debates before the imperial unifi- cation contributed decisively to the formation of the political, social, and ethical orientations that we identify today with traditional Chinese culture. More broadly, the ideas of rival thinkers formed an ideological framework within which the Chinese empire functioned from its incep- tion until its very last decades. These ideas stand at the focus of the present chapter. The centuries under discussion are often dubbed the age of the “Hundred Schools of Thought.” The school designations were developed primarily by the Han (206/202 bce–220 ce) literati (Smith 2003; Csikszentmihalyi and Nylan 2003) as a classificatory device for the variety of pre-imperial texts. This classification, even if belated, may be heuristically convenient insofar as it groups the texts according to their distinct ideological emphases, distinct vocabulary, and distinct argumentative practices. For instance, followers of Confucius (551–479 bce) and Mozi 墨子 (ca. 460–390 bce) were prone to prioritize morality over pure political considerations, in distinction from those thinkers who are – quite confusingly (Goldin 2011a) – dubbed Legalists (fa jia 法家). Confucians (Ru 儒) and Legalists also differed markedly with regard to the nature of elite belonging (see later). This said, it is fairly misleading to imagine “schools” as coherent ideological camps, as was often done through the twentieth century and beyond. -
On the Rhetoric of Treason in the Shiji
“Awaiting The Wise of a Future Generation”: On the Rhetoric of Treason in the Shiji (Dorothee Schaab-Hanke) The rhetorical device I chose for analysis in my paper is that of allusion. More specifically, my focus lies on the rhetorical and political function of altogether five text passages in the Shiji (The Scribe’s Record), a text that was probably finalized around the year 86 BCE. The “author of the Shiji” – please allow me that I postpone the tricky question of author- ship to the Shiji a bit here – in each of these passages addresses as his readers wise men of a future generation of whom he hoped that they will prove worthy to make use of the work that he had compiled and left for posterity. Closer examination reveals that these five text passages all al- lude to one passage of the Gongyang zhuan, one of the three earliest texts that interpreted the Chunqiu (Spring and Autumn) annals, a by its very nature rather terse chronicle of the state of Lu, spanning the years from 721 to 481 BCE. In my written paper, I have discussed three major topics. In my short presentation I will highlight them first and then discuss them in a sum- marized form. First, if one reads the five passages in the Shiji in which the historiog- rapher alludes to the here relevant passage of the Gongyang zhuan in the context of the chapters in which they are contained and if one relates the conclusions to be drawn from these chapters to each other, various facets of an overall political message become discernible, namely a rather criti- cal assessment of Emperor Wu (r. -
The Past As a Messianic Vision
Edinburgh Research Explorer The past as a messianic vision Citation for published version: Gentz, J 2005, The past as a messianic vision: Historical thought and strategies of sacralization in the early Gongyang tradition. in H Schmidt-Glintzer, A Mittag & J Rüsen (eds), Historical Truth, Historical Criticism, and Ideology: Chinese Historiography and Historical Culture from a New Comparative Perspective. Brill, Leiden, pp. 227-254. Link: Link to publication record in Edinburgh Research Explorer Document Version: Peer reviewed version Published In: Historical Truth, Historical Criticism, and Ideology General rights Copyright for the publications made accessible via the Edinburgh Research Explorer is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The University of Edinburgh has made every reasonable effort to ensure that Edinburgh Research Explorer content complies with UK legislation. If you believe that the public display of this file breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 25. Sep. 2021 THE PAST AS A MESSIANIC VISION: HISTORICAL THOUGHT AND STRATEGIES OF SACRALIZATION IN THE EARLY GONGYANG TRADITION Joachim Gentz Introduction I would like to divide my paper into five parts: 1. The past (this will imply the Gongyang zhuan’s historical criticism of sources and its historiographical attitude towards the past): 2. as a messianic vision (this will deal with the function and application of the historical material for the Gongyang zhuan’s own vision): 3. -
Edinburgh Research Explorer
Edinburgh Research Explorer Long live the king! Citation for published version: Gentz, J 2015, Long live the king! The ideology of power between ritual and morality in the Gongyang Zhuan. in Y Pines, P Goldin & M Kern (eds), Ideology of Power and Power of Ideology in Early China. Brill, Leiden, pp. 69-117. <http://www.brill.com/products/book/ideology-power-and-power-ideology-early-china> Link: Link to publication record in Edinburgh Research Explorer Document Version: Peer reviewed version Published In: Ideology of Power and Power of Ideology in Early China General rights Copyright for the publications made accessible via the Edinburgh Research Explorer is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The University of Edinburgh has made every reasonable effort to ensure that Edinburgh Research Explorer content complies with UK legislation. If you believe that the public display of this file breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 30. Sep. 2021 Chapter 3 Long Live the King! The Ideology of Power between Ritual and Morality in the Gongyang zhuan 公羊傳1 Joachim Gentz C'est à l'idéologie, à cette ténébreuse métaphysique qui, en recherchant avec subtilité les causes premières, veut sur ces bases fonder la législation des peuples, au lieu d'approprier les lois à la connaissance du cœur humain et aux leçons de l'histoire, qu'il faut attribuer tous les malheurs. -
Ritual and Punishment
Chapter 5 RITUAL AND PUNISHMENT Souverän ist, wer über den Ausnahmezustand entscheidet. -Carl Schmitt, Politische Theologie The “Qu li” 曲禮 chapter of the Li ji contains a line that numbers among the best-known and most maligned ritual prescriptions that come to us from ancient China: “Ritual does not [extend] down to the common people; punishment does not [extend] up to grandees” 禮不下庶人, 刑不上大夫.1 Many readers take this as a more or less straightforward extension of class-based oppression in ancient China.2 However, an examination of other sources shows that these twin exclusions are contradicted. Some readers might look upon this situation as a natural result of anachronistic reading, taking a later text (like the Li ji) as descriptive of earlier practice. But this is not the most common approach. Already in Han times, exegetes had noticed this, and proposed various strategies for redress. In most cases, they interpreted the rituals and punishments as limited to a subset of these, or they reinterpreted the proscription to something less thoroughgoing than might be expected. Many recent scholars take similar interpretative tacks. In the Xin shu, Jia Yi quotes these lines as part of a larger argument. In his exposition, Jia Yi focuses on how the ruler is affected by his treatment of subordinates. In this presentation, the lines are not a simple testament to inequity, but indicate the uniquely elevated position of the ruler. They form part of a discussion of the abstract CHAPTER 5 structure of ideas and practices that is to preserve the ruler’s majesty, part of an explication of the relationship between ritual and hierarchy. -
The Zuo Zhuan Revisited*
《中國文化研究所學報》 Journal of Chinese Studies No. 49 - 2009 REVIEW ARTICLE Rethinking the Origins of Chinese Historiography: The Zuo Zhuan Revisited* Yuri Pines The Hebrew University of Jerusalem The Readability of the Past in Early Chinese Historiography. By Wai-yee Li. Cam- bridge, MA and London, England: Harvard University Asia Center, 2007. Pp. xxii + 449. $49.50/£36.95. The Readability of the Past in Early Chinese Historiography is a most welcome addition to the growing number of Western-language studies on the Zuo zhuan 左傳. Wai-yee Li’s eloquent book is the fruit of impeccable scholarship. It puts forward an abundance of insightful and highly original analyses and fully demonstrates the advantages of the skilful application of literary techniques to early Chinese historiography. This work is sure to become an indispensable tool for any scholar interested in the Zuo zhuan or early Chinese historiography in general. Furthermore, many of Li’s observations are likely to encourage further in-depth research on this foundational text. To illustrate the importance of The Readability of the Past, it is worth high- lighting its position vis-à-vis prior Western-language studies on the Zuo zhuan. Oddly enough, despite its standing as the largest pre-imperial text, despite its canonical status, and despite its position as a fountainhead of Chinese historiography—the Zuo zhuan was virtually neglected by mainstream Occidental Sinology throughout the twentieth century. Notwithstanding the pioneering (and highly controversial) study of Bernhard Karlgren, “On the Authenticity and Nature of the Tso Chuan,” which was published back in 1928, the Zuo zhuan rarely stood at the focus of scholarly endeavour.1 The only Western-language publication dedicated entirely to * This review article was prepared with the support by the Israel Science Foundation (grant No. -
Criminal Code
2010 Colección: Traducciones del derecho español Edita: Ministerio de Justicia - Secretaría General Técnica NIPO: 051-13-031-1 Traducción jurada realizada por: Clinter Actualización realizada por: Linguaserve Maquetación: Subdirección General de Documentación y Publicaciones ORGANIC ACT 10/1995, DATED 23RD NOVEMBER, ON THE CRIMINAL CODE. GOVERNMENT OFFICES Publication: Official State Gazette number 281 on 24th November 1995 RECITAL OF MOTIVES If the legal order has been defined as a set of rules that regulate the use of force, one may easily understand the importance of the Criminal Code in any civilised society. The Criminal Code defines criminal and misdemeanours that constitute the cases for application of the supreme action that may be taken by the coercive power of the State, that is, criminal sentencing. Thus, the Criminal Code holds a key place in the Law as a whole, to the extent that, not without reason, it has been considered a sort of “Negative Constitution”. The Criminal Code must protect the basic values and principles of our social coexistence. When those values and principles change, it must also change. However, in our country, in spite of profound changes in the social, economic and political orders, the current text dates, as far as its basic core is concerned, from the last century. The need for it to be reformed is thus undeniable. Based on the different attempts at reform carried out since the establishment of democracy, the Government has prepared a bill submitted for discussion and approval by the both Chambers. Thus, it must explain, even though briefly, the criteria on which it is based, even though these may easily be deduced from reading its text. -
A Coffin for King Charles, a Crowne for Cromwell
One “A C o ffin for King Charles, A Crowne for Cromwell”: royalist satire and the regicide During the past decade, scholars have done much to elucidate change and transformation in print, literary genre, and readership in England in the once-neglected s.¹ Yet Cromwell figures only obliquely in these studies. Putting together a broad spectrum of high and low texts – newsbooks, broadsheets, playlets, prose pamphlets, ballads, and engravings – reveals the striking centrality of satire on Cromwell early in the civil wars, before he was in fact a key military or political power. Paradoxically, Cromwell was produced as public figure not by parliamentarians but by royalists, who set out to demonize and personalize opposition to Charles I. The extent to which royalists created satiric images of Cromwell has been little explored. Scholars have tended to take at face value royalist dis- avowal of popular forms and attack on print as a subversive force that helped bring down the monarchy. But royalists used popular print as widely and aggressively as did parliamentarians during the period of the civil wars and Interregnum. Indeed, royalists took the initiative in constructing a neg- ative image of the enemies of Charles I, particularly of Oliver Cromwell. In royalist satire, the antimasque figures of Stuart court drama moved into the world of popular print, no longer expelled by the appearance of the king and queen, but presumably to be run off the public stage by popular derision and laughter. Royalists attempted to mediate the tension between the desacralizing publicity of popular print and the heightened sanctity of majesty under siege by exposing to print not Charles himself, but his enemies.