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The Subjects of Public International Law in a Globalized World

The Subjects of Public International Law in a Globalized World

Today we are witnessing a fundamental shift in Public International Law (PIL) in which the number of actors increases dramatically and in which communication means power. The matrix of PIL is undergoing a major change. This change is not abrupt but has to be seen in the context of the shift away from the Westphalian model of PIL since 1945. Also, globalization is not a new phenomenon, although the current era of globalization, which was made possible due to the fall of the iron curtain and recent technological developments, raises the question how to describe the emerging international legal community in terms of international legal theory. As the importance of the role of the state as an actor of international law is reduced (albeit not to a degree that the state would lose its de facto primacy among the subjects of international law), other actors are gaining ground, in particular international organizations, transnational corporations, NGOs and individuals. Today the latter not only have rights under Public International Law but are also involved in the creation of new rules of international law.

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The Aberdeen Burgh Records of 1398–1531 and the Semantic Web

Abstract

This paper provides an overview of two text analytic projects on the Aberdeen burgh records, which are legal records of the city of Aberdeen, Scotland. These records contain detailed information about a range of activities in the city and their legal treatment. The projects cover the periods 1398–1511 (Law in the Aberdeen Council Registers project – LACR) and 1530–1531 (A Text Analytic Approach to Rural and Urban Legal Histories project – TAHL). The completed TAHL project annotated a selected corpus with rich semantic information for the purpose of facilitating historical research by querying and extracting data from across the corpus. The LACR project, which is ongoing, focuses on transcribing the first eight volumes of the Aberdeen burgh records (1398–1511) into the Text Encoding Initiative’s standard, thus making the text machinereadable. This project lays the foundation for further analysis and enrichment of the corpus.

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Gearing up for Catalan Intellectual History: JOCIH’s Twist

Abstract

This article can be read as an Editorial for the first issue of the Journal of Catalan Intellectual History (JOCIH) in its new stage at de Gruyter Open. It offers, first, a methodical review of the concept, roles, and trends of intellectual history in the 20th century. Next, it looks into the particular Catalan tradition, historiography, and cultural analysis to position the aim and the role of the Journal with regard to similar initiatives. It tries to give an answer to the crisis of intellectual history as a discipline, at the end of the past century. The third part of the article describes some of the available resources. The fourth section introduces the contents of the present issue, focussing on the construction of a collective identity and the literary engagement of Catalan writers between 1920 and 1980, either in their country or in exile. The Notes of the present issue highlight the importance of technology, natural language processing, and Semantic Web developments in carrying out contemporary research in this field.

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The Censorship of Essays Written by Maria Aurèlia Capmany (1968–1978)

Abstract

General Franco’s censorship apparatus was quick to pounce on the intellectual dissent in the essays written by Maria Aurèlia Capmany from 1968 to 1978. Based on censorship records, this article analyses the ideological way that those in charge of issuing the reports read her essays. The essays that suffered the most in the hands of the censors were La joventut és una nova classe? (1969), Pedra de toc (1970), El feminismo ibérico (1970) and El feminisme a Catalunya (1973).

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Digital Humanities on the Semantic Web: Accessing Historical and Musical Linked Data

Abstract

Key fields in the humanities, such as history, art and language, are central to a major transformation that is changing scholarly practice in these fields: the so-called Digital Humanities (DH). A fundamental question in DH is how humanities datasets can be represented digitally, in such a way that machines can process them, understand their meaning, facilitate their inquiry, and exchange them on the Web. In this paper, we survey current efforts within the Semantic Web and Linked Data, a family of Webcompatible knowledge representation formalisms and standards, to represent DH objects in quantitative history and symbolic music. We also argue that the technological gap between the Semantic Web and Linked Data, and DH data owners is currently too wide for effective access and consumption of these semantically enabled humanities data. To this end, we propose grlc, a thin middleware that leverages currently existing queries on the Web (expressed in, e.g., SPARQL) to transparently build standard Web APIs that facilitate access to any Linked Data.

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Toward Natural Born Derivative Citizenship

Abstract

Senator Ted Cruz’s campaign for the Republican presidential nomination again raised the question whether persons who receive citizenship at birth to American parents abroad are natural born and eligible to the presidency. This article uses Supreme Court decisions and previously overlooked primary source material from the Founders, the First Congress and English and British law to show that they are not natural born under the doctrinal or historical meaning of the term. The relevant constitutional distinction is between citizenship acquired by birth or by naturalization, not at birth or afterward.

It argues further that a living constitutional theory cannot justifiably interpret the term more broadly because derivative citizenship statutes have long discriminated on grounds including race, gender, sexual orientation, and marital and socioeconomic status. The Supreme Court upholds them even though they would be unacceptable if applied to citizens because they merely discriminate against aliens. Moreover, many who assert presidential eligibility or other constitutional privilege for children born to American parents abroad intend to favor traditionally dominant groups or rely on political theories of bloodline transmission of national character that the Supreme Court used to justify its infamous decision in Dred Scott v. Sandford. No justifiable living interpretation can incorporate such discrimination or discredited political theories in qualifications for the highest office in the land.

The article examines the meaning of the term “natural born” in the broader context of similar discrimination in English and British law from which American law developed. It acknowledges the difficulty of reconciling centuries of derivative nationality law and practice with our highest constitutional ideals of equal protection of the law. It concludes by identifying threshold requirements for and a possible approach to developing a justifiable living constitutional interpretation of natural born derivative citizenship.

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The Emergence of Denmark’s Tax Treaty Network — A Historical View

Abstract

This contribution analyzes the origin and creation of Denmark’s tax treaty network in a historical perspective. The development of the Danish treaty network is studied through an international perspective and by discussing a number of milestone events. It is concluded that the general tendency has pointed toward a continuously growing Danish treaty network and also that the question on abuse of the treaties has become of greater concern during the past decades. Moreover, it is argued that the growing number and importance of Denmark’s tax treaties over time created a need for the Danish parliament to be more directly involved in the conclusion of new tax treaties.

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