Ion and well into the Euripidean corpus. A tertiary theme is the world of women. For the craft of weaving has been linked with women in literature and art.Ion is a play whose heart beats far away in the less naturally sublime scenic environment of Athens, where the beauty of nature had long been supplanted by a large and diverse body of man made monuments, housing the civic and religious institutions for which the city was famed, some lost to the Persians, and others on which the ancient Greek world's most acclaimed artistic legacy was best displayed. These monuments, the chapter shows, are evoked throughout the play.

Keywords:Athenian monuments; Athenian women; Euripides; Ion; weaving women

9789004189065 10.1163/ej.9789004189065.i-494 Euripides and the Language of Craft en 10.1163/ej.9789004189065.i-494.35 A Practiced Hand en

Euripides demonstrates an awareness of the sometimes mundane, sometimes arcane, and at times profound issues and intricacies particular to each individual medium. This final chapter of the book is devoted to the ways in which Euripides was engaged more broadly with the very idea of art and artistry, craft and craftsmanship. Given the extreme likelihood that Euripides views reflect and respond to the views of his time period, the process of gleaning his extant works holds out the reward of nuggets of invaluable primary evidence for contemporary perceptions of the artist, the production of the artifact, and the creative act, itself. It analyzes his language for demonstration which is metaphorical or at least figurative in nature. However, because these words turn up in Euripides, they merit notice in the chapter. A quick review of the more prominent examples, mostly verbs, which arguably still preserve a craft-based undertone, illustrates the point.

Keywords:artistry; craftsmanship; Euripides

9789004189065 10.1163/ej.9789004189065.i-494 Euripides and the Language of Craft en 10.1163/ej.9789004189065.i-494.42 Epilogue en

This chapter summarizes some consistent patterns that have emerged in the preceding chapters of the book. Little of the language that has been identified as artisanal in Euripides turns up also in Aristophanes, where one might legitimately expect overlap. Technically inflected words adopted by Euripides are frequently paralleled in inscriptions, typically those related to building projects, and on occasion, seldom or not at all elsewhere. As for poetic parallels, Euripides' artisinal language turns up most often in Homer and Pindar, but then again in neither poet nearly as often as we might expect. Euripides is a man of his times, no less a modernist, to be sure, than his coevals, Socrates and the Sophists. This book shows that a significant segment of his language tends also toward the non-traditional. Euripides is a realist, in every sense, and as a poet, he is a Keats to Aeschylus' Shelley.

Keywords:artisinal language; Euripides; poetic parallels; realism

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.2 Introduction the Historical Vacuum en

Throughout history, the rape of women during war has been deemed an unavoidable consequence of wartime, essential to preserving the troops' morale, along with pillaging and property crimes. This introductory chapter suggests that one view sex crimes as two-dimensional crimes: ethnic crimes and gender crimes. It analyzes the argument that rape during war is not only a crime linked to the national or international conflict, but that it also includes an additional stratum: it is a tool for the subordination of women, for male sexual satisfaction and empowerment, and for the confirmation of male control over the female gender. It is not sufficient to treat rape as solely another offense under the existing traditional crime categories in international law. It must be anchored as a discrete crime that will establish the boundaries of the legal norm, harmonize different nations' laws, and eradicate the remnants of patriarchy linked to this offense.

Keywords:international conflict; international law; rape

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.6 Introduction to Part One en

This introductory chapter of part one of this book gathers the tools that both enrich and lay a foundation for the rest of this study's critique of the inadequate treatment of sex crimes under international law, from its inception through today. It addresses the developments in the crime of rape in domestic law. The author claims that changes in the law in this field are likely to have a significant impact on both the international legal realm and the domestic legal realm – in addition to the symbolic importance of such changes.

Keywords:international law; sex crimes

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.7 International Law from a Feminist Perspective en

The aspirations of the feminist analysis of international law go beyond the objective of advancing women's issues. Several steps must be taken in order to analyze the way sexual offenses are and should be covered under international law. First, international criminal law's silence about sexual offenses, and the underlying gender bias that this silence reflects, must be exposed. Second, the archaic dichotomy between the private sphere and the public sphere, which international law maintained for centuries, must be shattered, because, as the author demonstrates in this chapter, the line drawn by this dichotomy overlaps to a great extent with the gender line. Finally, one must draw upon the important lessons of how the offense of rape has developed in the domestic law of nation-states. The chapter discusses the first two issues.

Keywords:archaic dichotomy; feminist analysis; international law; sexual offenses

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.8 Law Reform and Reality? en

The radical feminist discourse focuses on the patterns and modes that will lead to a fundamental change in society by abolishing the situation of inequality between women and men. The change sought by radical feminism is not just in how the law is implemented, but also a substantive and fundamental change in the content of the law. Radical feminism is based on the assumption that law is a primary tool for legitimizing the existing social order. Moreover, because the liberal perspective views law as a tool for shaping social life then from the moment the masculine view becomes embedded in the law, it attains an objective status. As a result, in order to change women's status in society and in law, the change in consciousness must be integrated with a fresh analysis of the institutions, conventions, norms and existing legal criteria.

Keywords:international law; radical feminism

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.11 Rape as a Unique Crime under Domestic Law en

This chapter presents the complexities of the domestic offense of rape with respect to its development and the remnants of patriarchy still embedded in it, which have been preserved in many countries. It first discusses the symbiotic relationship between international law and domestic law. This connection explains the significance of the study about the way in which domestic law, first, chose to exclude rape, and subsequently, decided how to include sex and gender crimes. Domestic law is examined from the social perspective and then from the legal perspective. Particular focus is given to those crimes for which the domestic law has adopted a presumption that the author has termed the presumption of nonconsent. International law must focus on the exceptions to the general rules of rape: those offenses in which a presumption has been adopted that consent cannot exist.

Keywords:domestic law; international law; rape

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.12 Introduction to Part Two en

This introductory chapter of part two of this book embarks on an historical journey to the cradle of international criminal law and traces the development of the crime of rape. In this journey, the author distinguishes between several eras. First, the Era of Silence. This era has strong connections with the history of the crime of rape as an offense in domestic law. Next, the Era of Honor began when the crime of rape was recognized in international law as a criminal offense against the victim's honor, while ignoring the other substantial harms to the victim, both mental and physical. The Third Era commenced when sex crimes were recognized as international crimes under some of the traditional crime categories.

Keywords:international criminal law; rape; sex crimes

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.18 The Era of Silence en

Throughout history, women have suffered from mass rape during times of war. The historical development of women's rights in war and their anchoring in international law took place in a non-uniform manner. At the end of WWII, international tribunals were established in Nuremberg (the International Military Tribunal in Nuremberg (IMT)) and in Tokyo (the International Military Tribunal for the Far East (IMTFE)). These tribunals prosecuted the major war criminals for crimes of war, crimes against peace and crimes against humanity. In the Era of Silence when the Nuremberg trials took place, sexual crimes, along with pillage, were viewed as inevitable aspects of war, and therefore unpunishable. In addition to this equating of rape with pillage, a further obstacle presented itself: the prosecutors shied away from the subject as if it were simply too distasteful.

Keywords:IMT; IMTFE; international law; Nuremberg; rape; Tokyo; women's right

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.19 The Era of Honor en

The beginning of the Era of Honor is marked by the signing of the Geneva Conventions. These conventions provide that grave breaches of the humanitarian norms in the context of an international armed conflict lead to individual criminal responsibility and universal jurisdiction. On this basis, from the perspective of the Geneva Conventions, rape is an injury to the woman's honor in its social meaning, rather than dignity in the sense of her inherent dignity as a human being. This discussion about the Era of Honor would be incomplete without referring to Janet Halley, who supports the position taken by the Geneva Conventions. In her opinion, the Geneva Conventions protect both women and men as part of their universal protection of human beings.

Keywords:Era of Honor; Geneva Conventions; rape

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.23 A New Direction-towards a New Era? en

Women's organizations and many scholars made significant contributions towards breaking down the stereotypes and misconceptions about all types of sex crimes. In 1993, feminist women became involved in international humanitarian law in order to fight against the atrocious crimes. They also sought to use them as a platform for feminist change of the international criminal law. The wars lead to the establishment of two international criminal tribunals–one for the former Yugoslavia (the ICTY) and one for Rwanda (the ICTR), which both prosecuted sex crimes against women. These tribunals made great progress with respect to the treatment of sex crimes during war in international law. Sex crimes were no longer related to as offenses that were subordinate to other serious crimes, but were treated instead as independent international crimes which stood on their own two feet.

Keywords:ICTR; ICTY; international law; Rwanda; sex crimes; Yugoslavia

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.27 Introduction to Part Three en

This chapter describes the existing crime categories under international law as they stand today, and explains how sex crimes fit into each and every category within this framework. It illustrates the insufficiency of the current legal structure and lays the foundation for the proposal of a more suitable legal framework. The author argues that the inclusion of sexual offenses in only two of the crime categories that exist in international criminal law-war crime and crime against humanity-is insufficient. Similarly, the author claims that there is no justification for not including the group of gender as a protected group in the framework of the crime of genocide, and queries why sex crimes are absent from the list of prohibited acts of this international crime.

Keywords:international criminal law; sex crimes

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.32 Summary of Achievements and Problems en

This chapter analyzes the current situation from the perspective of the existing crime categories in the Rome Statute. First, It analyzes the way that sex crimes are included in the framework of the crime categories of crime against humanity and war crimes that are other serious violations of the laws of war, and it discusses their absence from the list of war crimes that are grave breaches of the Geneva Conventions. The chapter describes the crime of genocide and the decision of the Rome Statute to leave sex crimes and the group of gender out of this crime category. It demonstrates that certain aspects of sexual offenses are likely to meet the requirements of all of the crime categories that exist today in international law. The chapter attempts to propose a new crime category, which would be recognized alongside the traditional crime categories.

Keywords:genocide; international law; Rome Statute; sex crimes

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.33 Part of Existing Crime Categories or a Discrete Crime? en

The ICC Statute has partly lifted the traditional immunity historically granted by international law to sex criminals. Rape is both a violent crime and a sexual crime. Violent, in the physical sense; and sexual in the sense that it is a part of the social subordination of women that exists. International law regarded sexual offenses as crimes against honor, while ignoring the two components of its physical aspect and its sexual aspect. In its current stage of development, the New Status Quo of the Third Era, international law has placed sex crimes within the framework of the existing categories for violent crimes-and it ignores the second stratum, the sexual/gender stratum. Thus, the recognition of sex crimes in the Rome Statute solely in the framework of the existing violent crime categories does not furnish a comprehensive solution to this problem, because it continues to ignore the gender stratum of these crimes.

Keywords:discrete crime; international law; rape; Rome Statute; sexual offenses

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.38 Sex and Gender Crimes as a Discrete Crime – A Preliminary Draft en

A new international crime category prohibiting sexual offenses must address all the disadvantages of the current law. This chapter presents the priorities that international legislators should consider when drafting and adopting the new crime category of sex and gender crimes. The new crime category must be blind to race, religion, sexual orientation, political or citizenship belonging and, especially, the victim's gender. Every victim of sexual offenses needs to be protected by international law. In this regard, the new crime category will be distinguished from the offense of crimes against humanity. This crime must be applicable not only to international and non-international armed conflicts, but, like genocide and crimes against humanity, it should also apply in peacetime. In many instances, sexual offenses are committed sporadically, not as part of a systematic or widespread attack.

Keywords:gender crimes; genocide; international law; sex

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.47 Summary and Conclusions en

This concluding chapter of this book discusses the use of rape as a weapon throughout history: rape for the purpose of genocide, the systematic rape of a civilian population, rape as part of wartime activity, and rape simply for the sake of rape, while exploiting relationships of subordination during armed conflicts or other domestic political tension. The woman's body has been nationalized, expropriated, and turned into a battleground, an instrument for sprouting the victor's seed, for the soldiers' consolation and their physical relief. The author surveys how international law has related to sex crimes, from its origin through today. The chapter demonstrates that sex crimes can be included within each of the Rome Statute's existing crime categories, by interpreting genocide and grave breaches of the Geneva Conventions more broadly.

Keywords:genocide; international law; rape; Rome Statute; sex crimes

9789004189201 10.1163/ej.9789004189201.i-338 Scriptural Interpretation and Community Self-Definition in Luke-Acts and the Writings of Justin Martyr en 10.1163/ej.9789004189201.i-338.2 Introduction en

The author compares and contrasts the way that the writings of the New Testament attributed to Luke, hereafter Luke-Acts, and the writings of the early Christian apologist Justin Martyr define the Christ-believing community by describing its privileged status in relation to the Jewish scriptures. He then surveys the findings of previous studies that relate to and inform his comparison of Luke and Justin. This includes a review of scholarly positions that address the following themes in their writings: the possible dependence of the writings of Justin upon the synoptic gospels and Acts; the date of composition of their writings; the parallels between their theological ideas; and their respective treatments of the Jewish scriptures. The author then outline the aims, rationale, and overall plan of my study, including my reasons for choosing to compare Luke and Justin, and the contribution of such a comparison to scholarship on this topic.

Keywords:Christ-believing community; Jewish scriptures; Justin; Luke

9789004189201 10.1163/ej.9789004189201.i-338 Scriptural Interpretation and Community Self-Definition in Luke-Acts and the Writings of Justin Martyr en 10.1163/ej.9789004189201.i-338.5 Early Jewish Exegetes and Community Identity en

The centrality of sacred text to community life contributed to the emergence of interpreters who specialized in the study and interpretation of the scriptures. This chapter examines the way that scriptural interpretation functioned as a mode of revelation in the Second Temple period and explores how different Jewish groups defined themselves with reference to this activity. The author survey selects early Jewish texts that exemplify this approach to reading the Jewish scriptures. After providing a brief overview of recent secondary literature, the chapter discusses the primary texts that show evidence of the shift from classical prophecy to charismatic or revelatory exegesis during the Second Temple period. Subsequently, it provides a more extended discussion of early Jewish texts that demonstrate how descriptions of an inspired knowledge of the Jewish scriptures could serve as a means of articulating the identity and boundaries of certain early Jewish communities.

Keywords:community identity; Jewish texts; scriptural interpretation; second temple period

9789004189201 10.1163/ej.9789004189201.i-338 Scriptural Interpretation and Community Self-Definition in Luke-Acts and the Writings of Justin Martyr en 10.1163/ej.9789004189201.i-338.8 Authoritative Instruction and Revelatory Illumination en

A number of studies have examined Justin's reinterpretation of the Jewish scriptures for the non-Jewish Christian church. This chapter provides an analysis of the common self-defining strategy in the writings of Luke and Justin. To do so, the author compares the following aspects of their representations of scriptural interpretation: 1) their portrayal of the exegesis of Christ-believers as an outcome of a divine revelatory experience and of instruction from the risen Christ, and 2) their depiction of the connection between this inspired interpretation and entrance to the Christ-believing community. Subsequently, the chapter discusses some of the differences between the way that Luke and Justin attempt to demonstrate the authoritative status of the exegesis of Christ-believers and consider the impact that these differences have upon their respective descriptions of the knowledge of the Christ-believing community.

Keywords:authoritative scriptural interpretation; Christ-believers; Jewish scriptures; Justin; Luke

9789004189201 10.1163/ej.9789004189201.i-338 Scriptural Interpretation and Community Self-Definition in Luke-Acts and the Writings of Justin Martyr en 10.1163/ej.9789004189201.i-338.14 Competing for Identity Within a Greco-Roman Milieu en

This chapter explores the extent to which Luke and Justin lay claim to the Jewish scriptures as part of an effort to articulate the identity of the Christ-believing community in relation to their wider Greco-Roman context. To provide a framework for this comparison, author briefly note the common ways that early Jewish and Christian apologists appeal to the Jewish scriptures for this purpose: 1) the presentation of the Jewish scriptures as a source of truth that is older than, or superior to, non-Jewish traditions; 2) the depiction of the study of the scriptures as a form of philosophical inquiry that rivals that of Greek philosophical schools; and 3) the portrayal of the Mosaic law as an exemplary, or superior, form of legislation and ethical guidance. The chapter shows that Luke appropriation of the Jewish scriptures differs substantially from that of Justin as well as other early Jewish and Christian apologists.

Keywords:Christ-believing community; Greco-Roman Milieu; Jewish scriptures; Justin; Luke

9789004189201 10.1163/ej.9789004189201.i-338 Scriptural Interpretation and Community Self-Definition in Luke-Acts and the Writings of Justin Martyr en 10.1163/ej.9789004189201.i-338.20 Revelation at the End of the Age en

This chapter explores the way that Luke and Justin each present the exegetical revelation of Christ-believers, on the one hand, and the darkening of outsiders, on the other, as evidence that the end-time promises of God are coming to fulfillment. It outlines a comparison of the following elements of their writings: 1) their common attempt to present the ability of Christ-believers to understand the Jewish scriptures as the realization of end-time promises; 2) their similar use of scriptural oracles of judgment to validate their conclusions about the darkened status of outsiders to the Christ-believing community; 3) their differing configurations of the distinction between insiders and outsiders to the Christ-believing community; and 4) their differing uses of prophetic traditions to provide the rationale for this division.

Keywords:Christ-believing community; exegetical revelation; God; Jewish scriptures; Justin; Luke

9789004189201 10.1163/ej.9789004189201.i-338 Scriptural Interpretation and Community Self-Definition in Luke-Acts and the Writings of Justin Martyr en 10.1163/ej.9789004189201.i-338.26 Whose Promises Are They? en

This chapter examines the manner in which Luke and Justin each attempt to articulate the identity of the Christ-believing community by presenting Christ-believers as heirs of promises from the Jewish scriptures. To do so, the author compares and contrasts their appropriation of three types of promise traditions: 1) their description of the fulfillment of Abrahamic promises; 2) their explanation of the fulfillment of Isaianic promises; and 3) their presentation of the descent of the Spirit as the realization of scriptural promises. To be sure, an analysis of these three themes does not represent an exhaustive treatment of their representations of the fulfillment of the Jewish scriptures. Nevertheless, it does provide a significant cross-section of data for evaluating their respective attempts to describe Christ-believers as the recipients of scriptural promises.

Keywords:Abrahamic promises; Christ-believing community; Isaianic promises; Jewish scriptures; scriptural promises

9789004189201 10.1163/ej.9789004189201.i-338 Scriptural Interpretation and Community Self-Definition in Luke-Acts and the Writings of Justin Martyr en 10.1163/ej.9789004189201.i-338.33 Conclusion en

This is the conclusory chapter of this book, which compares the way that Luke and Justin laid claim to the Jewish scriptures for the Christ-believing community by considering two aspects of their representation of the relationship between this group and the sacred texts of Jews: the authoritative exegesis of Christ-believers and their identity as recipients of scriptural promises. The book outlines the ways that Luke and Justin use similar exegetical claims to define Christ-believers as those who possess an exclusive understanding of the Jewish scriptures. The use of common themes and ideas in the writings of Luke and Justin confirms their participation in what we might refer to as a similar form of proto-orthodox Christianity. Like early Jewish interpreters, both Luke and Justin appropriate the Jewish scriptures, in part, to defend the status of their group as the true people of God.

Keywords:Christ-believing community; Jewish scriptures; Justin; Luke; scriptural promises

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.2 Introduction: Jan De Vries and His Contributions en

Jan De Vries's largest and possibly best-known book is the massive First Modern Economy co-authored with the late Ad van der Woude. A decade and a half later—much too long a wait, many felt—de Vries published his Industrious Revolution book. Economic progress before the Industrial Revolution is alive and well in the hands of custodians such as Jan de Vries. De Vries scholarship has rarely been revolutionary, and there are few instances of him dismissing others' work in order to draw attention to his own. His research combines the skills of the quantitative economic historians with the patience and diligence of the professional historian, the ultimate successful marriage of the archive and the computer. This book honors an intellectual and scholarly giant who has done a huge amount to keep economic history a respectable discipline.

Keywords:First Modern Economy; industrial revolution; Jan De Vries

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.6 The Birth of Modern Europe: Determining the Margins of the Work of Jan De Vries en

As the central concept in early modern Calvinism, predestination has played a historiographical role in much of Dutch history. In The First Modern Economy, Jan de Vries and his co-author, Ad van der Woude, present the geography of the Netherlands not as a static structure but rather as a dynamic agent in economic change. In modern times, construction tends to be a sensitive barometer to the winds of economic fortune, and the same was the case in early modern Europe. In The First Modern Economy, de Vries and van der Woude cite flexible labor markets as one of the key 'modern' foundations of Dutch economic infrastructure. De Vries suggests that the industrious revolution had important consequences for the history of women, as a greater reliance on the market for goods freed women for work outside of the home.

Keywords:Europe; Jan de Vries; The First Modern Economy

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.7 The Tobacco Nation: English Tobacco Dealers and Pipe-Makers in Rotterdam, 1620–1650 en

This chapter intends to shed some new light on pipe-making and tobacco dealing in the Dutch Republic in the first half of the seventeenth century, especially in Rotterdam. Archival sources are used to show the extent to which English natives dominated both sectors. At the same time, tobacco produced in the English colonies, in particular the Chesapeake, was often carried to Europe not by English merchants but Dutchmen. In the tobacco business, native Dutchmen were eclipsed by resident English merchants. The chapter reveals the transnational character of the tobacco trade between Virginia and Rotterdam in the first half of the seventeenth century. The tobacco merchants there rarely collaborated with Dutch importers and their pipe makers usually apprenticed fellow nationals. There was ultimately a limit to the transnationalism that marked Anglo-Dutch relations.

Keywords:Anglo-Dutch trade; English nation; pipe-making; Rotterdam; tobacco; transnationalism

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.8 The Market for Architecture in Holland, 1500–1815 en

This chapter attempts to unite the research agenda's of the two types of inquiry by raising quantitative issues about the size and composition of the building market. It seeks to con-textualise the contributions of architects to the building industry, by also looking at two other major types of actors, the stone-mason, and the brick-mason and carpenter. The chapter focuses on the design elements of the building process. It looks at a number of quantitative dimensions of the building market. On the basis of published tax records, we will be able to sketch a general picture of the expansion of the number of houses in the towns of Holland between 1500 and 1815. The chapter deals with the people designing and constructing these buildings. It also looks at the workforce in the building industry, again to get a sense of its size and composition.

Keywords:building industry; Holland; market

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.15 From Shelf to Maps: Reconstructing Bookselling Networks in theSeventeenth Century Netherlands en

In European history, the seventeenth century often plays the role of the red-headed stepchild, neglected and thought to not properly belong to the family. The relatively static ratio of booksellers to book buyers also belies the changing spatial economy of the provinces. Population growth, fueled in no small part by immigration, characterized the Netherlands throughout its Golden Age. It is curious to note that Felix Lopez de Haro's advertisement mentioned that interested buyers could obtain his sale catalogue in other cities, from designated booksellers. From these, it would seem possible to reconstruct the internal networks of exchange and information forged by these booksellers. This chapter utilizes a database of over two hundred such advertisements, culled from the Oprechte Haarlemscher Courant in the period from 1660 to 1671 in order to approximate the flows of information in the seventeenth century Dutch book trade.

Keywords:bookselling networks; Felix Lopez de Haro; Netherlands; seventeenth century

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.19 Hoare's Bank in the Eighteenth Century en

This chapter describes the actions of a successful London bank, providing information as well on the operation of the London financial market in the eighteenth century. It builds on the foundations laid by fundamental contributions of Jan de Vries. Hoare's Bank developed in the context of English adaptations of Dutch banking practices. The chapter chronicles the first century of the bank's life and tries to explain its almost unique success. It explores that Hoare's Bank succeeded where most fledgling banks of the early eighteenth century failed for several reasons. Hoare's Bank held deposits and extended loans, as banks do. Hoare's Bank entered its own investment in bonds and shares in the loan ledgers in the same way as loan transactions with clients, booking investments in securities on the debit side and the proceeds from sales on the credit side.

Keywords:eighteenth century; Hoare's bank; investment services

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.20 Modest Households and Globally Traded Textiles: Evidence from Amsterdam Household Inventories en

This chapter talks about textiles that are especially suitable for testing some of the broader implications of Jan de Vries's effort to establish a theory of consumer behavior as fully linked to the world of production and prices. It is quite plausible that textiles have been the most frequently traded commodity in the history of human civilization, despite how easy it has become for those of us living in a 'post-industrial' age to overlook them entirely. To bring this discussion to a conclusion, it seems to this author that we should not be particularly surprised by the evidence for a wide price and quality range for both European domestically produced textiles and their Asiatic competitors; or by the socially broad participation in the market for new consumer goods by the middle decades of the 18th century.

Keywords:Amsterdam household; globally traded textiles; human civilization; Jan de Vries

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.25 Britain's Asian Century: Porcelain and Global History in the Long Eighteenth Century en

Chinese export wares penetrated widely and deeply into European culture; the Embassy was in fact the culmination of a long period which author calls the Asian Century of continuous trade between Britain, China and India. This chapter focuses on China's success in creating major export ware sector in luxury and consumer goods appealing to Western consumers. The trade from Asia by the mid eighteenth century was providing quality ware for Europe's middle ranks. Porcelain became one of China's most distinctive export-ware products. Consumer markets in Europe were made for quality goods that were not high luxuries for elites only. Large-scale production deploying modular systems and division of labour combined with geographical concentration of private and official factories and kilns in major centre, Jingdezhen. This created the global export ware that passed in Europe from exotic collectable to the expected props of the daily routines of polite civility and respectable sociability.

Keywords:Asian century; Britain; consumer revolutions; eighteenth century; European markets; international trade; kilns; porcelain

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.26 Repeat Migration Between Europe and the United States, 1870–1914 en

This chapter explains the general processes of two-way migration across the North Atlantic in the context of an environment wherein such relocation was legal, readily affordable, and clearly economically advantageous to many more Europeans than the roughly twenty one million who actually undertook it between 1870 and 1914. The more immediate goal is therefore to develop more accurate measures of repeat migration in this period, and to examine some associated implications for broader processes of relocation between Europe and the United States. The chapter explicates these migration processes and measurement issues in six sections. It first deals with definitional matters: most especially, which transatlantic moves by individuals should be counted as migration, and how to most effectively measure those moves and that migration. The chapter develops such an explanation by relating the central features of transatlantic repeat migration to the general self-selection processes influencing the overall numbers who relocated.

Keywords:Europe; migration; United States

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.35 The Industrious Revolution and Labour Force Participation of Rural Women: Evidence from Mid-Nineteenth-Century France en

This chapter addresses three questions by analyzing data describing the occupations of men and women in rural France in the middle of the nineteenth century. The questions include: (1) what proportion of rural women worked in mid-nineteenth-century France; (2) how participation rates varied by age, and the principal occupation of the families concerned; and (3) how sensitive labour force participation was to differences in family income and wages? The chapter reviews the current state of play with respect to the evolution of women's participation in the labour force in the eighteenth and nineteenth century. It then assesses the trustworthiness of the 1851 French census with respect to its occupational designations. Finally, the chapter reports the findings. Empirical studies of female labour supply in modern underdeveloped countries provide some further insight into the mechanics of an Industrious Revolution.

Keywords:France; industrious revolution; labour force participation; nineteenth century; rural women

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.45 The Industrious Revolution in America en

De Vries's essential historical point is that the behavioral transformation predated the technological breakthroughs of the Industrial Revolution, setting the stage for that great supply-side event. This chapter considers what adaptations and amendments may be required in order to apply this analysis to the economic development of the United States. By the eighteenth century, however, improvements in material conditions plus declines in transportation and distribution costs generated a vast expansion of trans-Atlantic trade. In the basic de Vries scenario, the Industrious Revolution came first, followed by the Industrial Revolution. The chapter explores that a pervasive norm of mobility became embedded in law and expectations, shaping labor relations, working conditions, and ultimately the direction of American technological change. This transition is sometimes seen as a substitution of individualism for family values.

Keywords:American technological change; Atlantic trade; economic development; industrious revolution; labor scarcity

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.2 Introduction en

This introductory chapter of the book opens with Max Horkheimer, whose ongoing relative neglect is to the impoverishment of criticism. It is divided into two phases, theology and history. Ste. Croix argues that he is a historian and not a theologian, but that belies the attention he gives to theological matters. The other part of the chapter on Lowy comes to close quarters with his treatment of Latin-American liberation-theology, especially in his The War of Gods. Michael Löwy, particularly on the topics of elective affinity and Latin-American liberation-theology. The chapter focus on a text that nearly everyone has read, but has done so a little too quickly – Roland Barthes's 'Myth Today' from his Mythologies.

Keywords:christianity; Max Horkheimer; mythologies; theology

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.6 Corrupt parsons and the impetuous Irish en

This chapter begins with Thompson's own condemnation of methodism as psychic terror and political reaction. The problem is that, throughout his analysis, more and more political radicals turn up in the chapels and Bible classes – a long string of methodists end up as Luddites, organisers of the Peterloo protest, among the Chartists and so on. The chapter offers an intimate commentary on Thompson's study of Blake, for the specific purpose of discerning what Thompson's take on theology is by this late stage in his life. The poems were written in response to global political events and Thompson's involvement in the nuclear-disarmament campaign. But the most surprising feature of them is that Thompson gives voice to his own political radicalism through poems that recast nothing less than the birth- and infancy-narratives concerning Jesus. Thompson has realised the radical side of the political ambivalence of Christianity.

Keywords:Christianity; Corrupt parsons; E.P. Thompson; psychic terror; William Blake

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.10 The politics of style en

Ste. Croix makes some valuable points towards a materialist reading of the Bible, especially the insight concerning the tension between chora and polis in the New Testament. The complexity of his engagement with theology has to take account of his biography, not least of which is his conservative Christian upbringing at the hands of a mother, who was a British Israelite. Ste. Croix highlights the crucial roles of class-conflict; provides an extraordinarily useful correction to dominant assumptions concerning trade and commerce; and he shows that such reconstructions are inevitably politically engaged. Towards the end of his life Ste. Croix devoted his attention to biblical matters, planning two volumes, Early Christian Attitudes to Women, Sex and Marriage, and Essays in Early Christian History.

Keywords:Christianity; New Testament; Ste. Croix

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.16 The Alchemy of Michael Löwy en

The chapter begins with a detailed treatment of elective affinity, focusing on the two main statements where Michael Löwy seeks to reclaim this idea for the sociology of religion – one an article in French on Max Weber and another from the first chapter of Redemption and Utopia. From there, the author launches into a critical commentary of Löwy's engagement with liberation-theology, where he deals with three matters: the nature and influence of Catholic social teaching (and the curious way Löwy sidesteps such teaching in his treatment of liberation-theology); the ontological reserve of liberation-theology in regard to its infamous use of Marxist analysis; and then the question concerning the plurality of liberation-theologies. The last topic is directed squarely at the assumption, shared by Löwy, that liberation-theology is a peculiarly Latin-American product.

Keywords:Christianity; elective affinity; liberation-theology; Marxism; Michael Löwy; religion

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.21 Between description and accusation en

In this chapter, Barthes offers a full-blooded theory of myth (his demurrer that it is all very preliminary notwithstanding). It is divided into two parts and discussed separately. The first is an exposition that highlights the crucial moves in Barthes's text, drawing out the basics of semiology, focusing on a tension in Barthes's analysis between description and criticism and tracking his forlorn efforts at resistance to the baleful effects of myth. The second part seeks to apply to Barthes's argument his own approach. He has a propensity to focus on the fragmentary hints and suggestions, the moments in a text – an odd feature of a sentence, an image evoked or a trigger – that make one pause, look up and follow a train of thought. As a result, myth turns out to bear within itself a pattern of opposition and resistance.

Keywords:accusation; Roland Barthes; semiology; theory of myth

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.25 The Flights of Gilles Deleuze and Félix Guattari en

In this chapter, the author's interest in Deleuze and Guattari is quite specific - the connection between Marx and theology in their work. The author engages in close critical commentary on a few extraordinary pages in A Thousand Plateaus called 'On Several Régimes of Signs’, as well as the plateau on the war machine, 'Treatise on Nomadology', which proposes to read as part of the chapter on régimes of signs. Through these two texts by Deleuze and Guattari, the author highlights an overriding concern with the patterns of resistance against despotism. Tribal pre-signifiers, with their segmented structures and expressive signs, are by no means the only form of external opposition as far as Deleuze and Guattari are concerned. Deleuze, Guattari and the author have trekked from the segmented tribe to the despotic state via the nomadic war-band.

Keywords:despotic regime; Félix Guattari; Gilles Deleuze; nomads; tribal pre-signifiers

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.29 The Radical Homiletics of Antonio Negri en

In this chapter, the author's major concern is Negri's recently translated The Labor of Job, a detailed philosophical exegesis of the 'marvellous' biblical book of Job. Five features of Negri's analysis stand out, at least for one trained in that arcane discipline of biblical criticism: radical homiletics, philosophical commentary, the opposition of kairós and ákairos, one between measure and immeasure and then the politics of cosmogony. Political cosmogony, or, more specifically, the political dimensions of chaos, enables a creative linking of the akairological and immeasurable, what is out of place and untimely.

Keywords:ákairos; Antonio Negri; kairós; political cosmogony; radical homiletics

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.35 Conclusion en

This conclusory chapter focuses on what may be salvaged and reshaped for a constructive approach to Marxism and theology and briefly summarise the criticisms. The mention of myth usually invokes the specific concerns of anthropologists, historians of religion and perhaps the occasional biblical scholar. Oppressive myths can be so only by negating, demonising, punishing and concealing the voices of resistance within them. Finally, with the engaging Antonio Negri, the author exegeted closely The Labor of Job, trying to unfold the many layers of his usage of measure and immeasure, re-reading it in terms of a conjunction with kairós and ákairos, as well as the deep pattern of chaos and order/creation in Job.

Keywords:ákairos; Antonio Negri; kairós; Marxism

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.6 The Creation of the Vocabulary of Aesthetics in Meiji Japan en

The formation in Japan of the notion of the fine arts in the Western sense of the word took place during the early Meiji period at the same time that the idea of beauty underwent a massive redefinition. The word beauty coming from the West together with an arsenal of concepts belonging to the field of aesthetics forced the Japanese intelligentsia to rethink their cultural heritage in terms of Western ideas. The vocabulary of aesthetics began to be standardized around the basic notion of the fine arts (bijutsu), Ōtsuka contributed to the stabilization of a field which in Japan had been in flux for over thirty years, by reminding his readers that aesthetics could not be separated from the empirical objects of its study: the actual works of art which the newly established scholar known as the aesthetician was asked to discuss in philosophical terms.

Keywords:aesthetics; Japan; Meiji period; vocabulary

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.7 Aesthetics: an Overview en

The association of feelings (aisthesis) with the fallacious world of experience has a long history that goes back to Plato's mistrust of the senses. Alexander Gottlieb Baumgarten was faced with the challenge of formulating a theory of sensibility in which the body could stand shoulder to shoulder with the mind—a science of sensuous cognition investing the sensible world with the perfection of logic. It is only fitting that the present selection of writings on topics related to aesthetics in Japan begins with the discussion of the concept of kokoro, which, as readers learn from Toyo Izutsu, is variously translated as either heart or mind..

Keywords:aesthetics; Japan

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.8 Japanese Aesthetics: the Construction of Meaning en

This chapter shows the role played in medieval Japan by self-contradictory modes of interpretation that privilege both the fluidity of Becoming and the metaphysical presence of Being. When observe the map of the contemporary process of capital accumulation, one cannot fail to notice a concerted effort by unpretentious structures of economic/political manipulation to draw a chart of dispersal in which the consumer is led to believe in his/her own personal empowerment. The Western epistemological tradition of legitimizing knowledge by grounding it in transcendence has been strongly resisted by exponents of weak thought through the centuries. The empathy with nature of mystics such as St. Francis and St. Bonaventure is an instance of the aesthetic relationship between reality and transcendence. The struggle on the part of contemporary Japanese philosophers to harmonize the inconsistencies of the two systems into a native post-postmodern epistemology is far from complete.

Keywords:epistemology; Japanese aesthetics

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.9 Japan's Missing Alternative: Weak Thought and the Hermeneutics of Slimness en

The harsh economic reality that has confronted the humanities in Western universities during the past few decades is literally threatening the survival of fields of knowledge whose immediate applicability to the market is increasingly less apparent. The mythology of truth was broadly welcomed in so far as it provided the world with clarity, stability, and certainty. Weak thought alerts one to the fact that all hermeneutical attempts aiming at deciphering or unmasking a text are premised in a deeply rooted belief that strong truths do indeed exist. The field of aesthetics played a major role in the formation of modern nations, since it managed to bring to order the confusion of particularity under the heading of universality. This chapter outlines the relationship between metaphysics, a strong subjectivity, and violence. This relationship becomes all the more clear when look at works written by Japanese aestheticians in the thirties and forties.

Keywords:aesthetics; Japanese hermeneutics; metaphysics; weak thought

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.11 Coincidentia Oppositorium: the Greek Genealogies of Japan en

This chapter begins with author question that how a Third World country—as it could be argued Japan was until recent times—could stand up economically and culturally to the giants of the technologically advanced world. It is concerned mainly with cultural questions, author could answer by emphasizing the idea of eclecticism that allows the incorporation of the advanced Other into the explanation of the backward self. One method would be the use in Japan of Hegel's synthetic process, in which opposites are overcome for the sake of a third, more universal alternative. The chapter analyzes Ōnishi's application of the method of coincidentia oppositorum to his reading of ancient Japan, which Ōnishi identifies as the time of the compilation of ancient prayers and poems appearing in the collection known as Ten Thousand Leaves-approximately the seventh and eighth centuries.

Keywords:coincidentia oppositorum; Japan

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.17 Conrad Fiedler and the Aesthetics of the Kyōto School en

The name of Conrad Fiedler, the founder of Kunstwissenschaft, continues to draw attention among Japanese scholars of aesthetics and art history, although Fiedler did not have any special ties with either Japan or the Japanese world of the plastic arts. According to Fiedler there are only two ways to grasp reality—a reality that he described as a play (Spiel) in constant transformation: 1) by either giving it a name through language, or 2) by entrusting vision with the task of bringing reality into visibility. Nishida Kitarō played a major role in bringing Fiedler's scholarly achievements to the attention of Japanese scholars. Expression became a key word in the art theory of Ueda Juzō, a younger colleague of Nishida Kitarō at the University of Kyoto where Ueda was in charge of courses in aesthetics from 1912 until his retirement in 1946.

Keywords:Aesthetics; Conrad Fiedler; Kyoto; Nishida Kitarō; Ueda Juzō

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.18 On Japanese Things and Words: an Answer to Heidegger's Question en

This chapter will elicits from the voices of a few Japanese philosophers answers to Martin Heidegger's question that Tezuka did not explore and that were most probably unknown to Heidegger himself—answers that might have encouraged Heidegger to write the dialogue differently without, however, changing the main thrust of his argument. In a sense, the Japanese language was finding itself in the same position as the German language had found itself at the time of Goethe and Hegel. The difference between mono and koto has also been addressed by one of Japan's leading psychopathologists, Kimura Bin, in the book Jikan to jiko. Human beings are mono, like anything else with the potential of becoming the object of someone's gaze. On the other hand, Things (koto) bring with themselves a high degree of anxiety since they cannot be reduced to the fixed pattern of an object (mono).

Keywords:Japanese philosophers; Martin Heidegger

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.22 A Dialogue on Language Between a Japanese and an Inquirer: Kuki Shuzo's Version en

This chapter talks about the Dialogue on Language Between a Japanese and an Inquirer which the German philosopher Martin Heidegger (1889–1976) wrote in 1959, and which appears in On the Way to Language. The dialogue begins with a reference to the Japanese philosopher Kuki Shūzō (1888–1941), who had met Heidegger in 1927 at the house of Heidegger's teacher, Edmund Husserl. However, author believes that it is possible to elicit Kuki's critique of Heidegger from Kuki's writings, although he was too polite to confront the venerable master in any direct way. The chapter elicit this critique using the poetry which Kuki wrote during his extensive stay in Europe from fall 1921 until December 1928. The challenge that Kuki's thought presented to the homogeneity of Western constructions of the other was actually based on a series of deconstructions which were quite in tune with Heidegger's project of dismantling metaphysics.

Keywords:inquirer; Japanese; Kuki Shūzō

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.23 Frameworks of Meaning: Old Aesthetic Categories and the Present en

The Aristotelian scheme of subject and predicate allowed Karl Groos to define aesthetic categories as substantive forms of predicatives used in aesthetic judgment. Next to beauty, one could find the pleasant and graceful from a sensorial point of view, or the sublime and tragic from the emotional point of view. There are important facets to Kuki Shūzō use of aesthetic categories. His philosophy of sustained tension, transcendental possibility, and contingency is a stern critique of Western philosophies of homogeneity, and a frontal attack against racism. The conflicting elements of reality are harmonized within aesthetic categories which, in Ōnishi's case, overcome the particularism of language, nation, and ethnicity, by simply displacing this particularism into an amorphous and neutered universalism.

Keywords:aesthetic categories; Kuki Shūzō

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.30 Paradoxes of Reclusion: Between Aesthetics and Anti-Aesthetics en

Reclusion imposes the tolls of forgetfulness of self and others, and of dissolution of the self into nothingness. In Japan, the idea of reclusion was brought to the attention of modern readers by scholars who found in pre-modern times, especially medieval times, samples of reclusive lives. The paradox of expression derives from the paradox of apparently contradictory spaces: the court on one side, and a no-land of reclusion on the other. The space of reclusion is a fiction that discloses the co-presence of a courtly aesthetics of refinement and politeness on the one hand, and an anti-aesthetics of desolation and destruction brought about by nature and human conflict on the other. The aesthetic encounters a major obstacle when it faces a barren field of destruction and desolation from which it can only retreat in despair, as in the case of the confrontation of narrative with the atomic conflagration.

Keywords:aesthetics; anti-aesthetics; reclusion

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.31 The Dissolution of Meaning: Towards an Aesthetics of Non-Sense en

This chapter raises the issue of the relationship between text and interpretation in the case of texts whose ultimate purpose is utmost resistance to interpretation. It begins with a historical outline of efforts made by hermeneuticians from Johann Dannhauer to Hans-Georg Gadamer to explicate the concept of meaning. The chapter, then, turns to critiques of hermeneutics on the part of Martin Heidegger and Susan Sontag, and the challenges that the field is currently experiencing in the American academia for having been associated with conservative, male-biased, homogeneously non-hybrid, homophobic, colonial, capitalistic enterprises. With modernity, and even more so in post-modernity, the artworks of the avant-gardes have dictated and inspired aesthetic/hermeneutical discourses, constantly forcing aesthetics and hermeneutics to re-think their basic premises. The chapter examines works by the Taiwanese-American artist Shu Lea Cheang, and the Japanese artists Yanagi Yukinori and Nagasawa Nobuho.

Keywords:aesthetics; hermeneutical discourses; Martin Heidegger

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.32 Hermeneutics of Emplacement: on Places, Cuts, and Promises en

The spatial underpinnings of Nishida Kitarō's (1870–1945) theory of time are an essential guide to a reassessment of the importance that the concepts of space and place have played, and continue to play in Japan. If place in the form of basho plays a major role in Nishida's thought, one inevitably expects from him the development of a spatial theory of temporality. This chapter discusses the spatial elements of Nishida's notion of time. The eternal nature of time is underscored in Plato's theory of temporality. The association of Japan with nature and of artificiality with an other coming from the outside are the structural elements of kire—elements which become suspicious because of the artificial associations inherited from centuries of nativist discourses. O-yakusoku is the mechanism that creates the pleasure deriving from understanding.

Keywords:basho; kire; Nishida Kitarō's; O-yakusoku

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.33 The Hermeneutical Challenge en

When look at the development of hermeneutics in the twentieth century, especially the work of Martin Heidegger and his student Hans-Georg Gadamer, one can see a strong opposition to the idea of reducing the human sciences to epistemological constructs that can be explained with the methodologies of the natural sciences. Aesthetic consciousness deprives the work of art of its being since it takes away from the work of art its moral and cognitive dimensions, leading to the autonomy of art which is a characteristic of modernism. Language possesses a human logic that does not follow the model of logical demonstration. The Heideggerian insight into the hermeneutical circle allowed Gadamer to rescue the idea of tradition from all negative shadows that the Enlighteners had cast upon it: the interpreter always belongs to the object of understanding; whether he likes or not, he is tradition.

Keywords:Hans-Georg Gadamer; hermeneutics; Martin Heidegger

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.38 Place of Poetry, Place in Poetry: on Rulers, Poets, and Gods en

This chapter talks about a poem from the Man’yōshū which commentators have traditionally associated with one of the thirty-one journeys that Empress Jitō made to her beloved detached palace in Yoshino, the southern part of the Yamato province. It presents a technique that is extremely attentive to language, especially to poetic language, considering the fact that poetry and etymology share the same interest in probing the depth of language. The level of honorifics employed to express the poet's position and the gods' position towards the ruler is completely different. In order to describe the imperial apotheosis the poet must be part of it; he must participate in the imperial acts, since he must record them. The poet allots to poetic expression a loftier position than the one assigned to the earthly gods.

Keywords:gods; Man’yōshū; poetry; ruler

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.39 Playing with Japanese Songs: Politics or Pleasure? en

This chapter presents some pointers for the reading of Japanese poems which are meant to indicate a few of the difficulties in the process of interpretation. Once look at the alleged first Japanese song, one can actually find two different versions which appear in two of the most ancient chronicles of Japan, the Kojiki and the Nihon Shoki. Essays on poetry known in Japanese as karon (debates on poetry) agree that the source of poetry in the Yamato language is a poem by a deity, Susanoo no Mikoto, the mischievous brother of the Sun Goddess Amaterasu. It would be difficult to find an aesthetic reading of poetry that is not informed by some ideological agenda. When it comes to Chinese and Japanese poetry, the rule of thumb suggests that while Chinese poetry is overtly political, Japanese poetry is about cherry blossoms and willow trees.

Keywords:cherry blossoms; Japanese song; Yamato language

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.40 Continuity in Discontinuity: Thinking the Tale of Genji with Japanese Thinkers en

The Genji was a wide and deep source of nourishment for poetry, of course, and for the fine arts and handicrafts as well, and even for landscape gardening. The aestheticization of The Tale of Genji began in the eighteenth-century with the formulation of the most well-known theory of this tale, Motoori Norinaga's (1730–1801) theory of mono no aware (the pathos of things). Takahashi links the notion of the 'aesthetic category' with the concepts of 'nation' and 'race' whose boundaries are kept hermetically sealed like the impervious walls of an aesthetic category. The self constituted as a separate entity from the environment is a rather late discovery in Japan—the result of negotiations with Western philosophies of individualism.

Keywords:aestheticization; Japan; Takahashi; The Tale of Genji

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.46 The Aesthetics of Tradition: Making the Past Present en

The poets' actual concern was mainly poetic in the sense that they aimed at creating the language of poetry, and making poetic language work differently from other types of language. To summarise the hermeneutical strategies followed in the past and in the present to explain Fujiwara Teika's verse, one can say that in the past, a rhetoric was discovered in the poem that reminded readers of the paradoxical logic of a developing Buddhist school which was struggling for recognition at a time when the literati in the capital were not particularly impressed with the antics of Zen masters. In the present, the vocabulary of aesthetics is consistently used to talk about the poem in terms of aesthetic categories while, at the same time, grounding local aesthetic categories in the Buddhist logic of negation—a logic that came to structure the philosophy of nothingness proposed in Japan in the 20th century.

Keywords:aesthetic categories; Fujiwara Teika

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.54 Nativist Hermeneutics: the Interpretative Strategies of Motoori Norinaga and Fujitani Mitsue en

This chapter analyzes a few hermeneutical strategies used by two major members of the Nativist movement, Motoori Norinaga (1730–1801) and Fujitani Mitsue (1768–1823) in addressing the notion of Japanese poetry. Motoori's privileging of speech/action over representation/object was rooted in his attempt to distinguish native speech from the alien continental script inherited from China. Poetic language restores life to a body deeply threatened by overwhelming passions. The language of mono no aware provided Motoori with a universal pattern of signification beyond the articulation of language into words and sentences. The respect of the public rule— worship of the deity, for example—in a moment of personal crisis might well move the heart of the god if the expression of worship is sincere.

Keywords:China; Fujitani Mitsue; hermeneutical strategies; Motoori Norinaga

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.58 Fields of Contention: Philology (Bunkengaku) and the Philosophy of Literature (Bungeigaku) en

It is not uncommon to find in Japanese universities today a mutual suspicion between scholars of national literature (kokubungaku), whose field of expertise is mainly the Japanese classics, and the more philosophically-oriented scholars of aesthetics (bigaku), who are trained in Western philosophy and often write on the Japanese classics. This struggle is then reproduced in American and European academic institutions concerned with Japanese studies, where scholars are asked to join a specific camp, either Japanese literature or Japanese thought, sending to comparative literature those who have been rejected by both the hard-line philologists and the hard-line philosophers. This chapter outlines the major issues related to this struggle by focusing on the formation of the Japanese field of classical literature that to this day is dominated by the philological approach and yet heavily borrowed from the aestheticians's vocabulary to talk about the classics..

Keywords:aesthetics; classical literature; philology

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.59 The Poetry of Aizu Yaichi en

It is no wonder that Aizu Yaichi, also known by the pen name Shuso Dojin, whose love for Greek culture was nurtured by the Romantic bent of his teacher Lafcadio Hearn, would turn to the Yamato region in his frantic search for the origins of Japanese culture. With regard to the order of the sites visited in Nara and the Nara basin, author followed the same trajectory that Aizu indicated in Nankyō Shinshō. The author added poems from other collections as well, in order to give readers a better sense of Aizu's description of the major holy sites to which he refers in his poetry. Aizu's poetry, which soon became very popular, and his efforts to preserve the monuments of the ancient city were powerful contributors to the establishment of Nara as a cultural icon in the modern age.

Keywords:Aizu Yaichi; Japanese culture; poetry

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.62 Poetry and Poetics in Tension: Kuki Shūzō's French and German Connections en

Kuki Shūzō (1888–1941), one of Japan's most original thinkers of the twentieth century, has been the object of divided critical evaluations since the time he published a work that was destined to make him a truly popular philosopher, rather than simply an academic one: Iki no Kōzō. This chapter addresses Kuki's connections with French and German philosophies in relation to his poetry and his essays on poetry. It points out how the tension between poetry and poetics in Kuki's production and discussion of poetry is related to his eclectic attempt to create a philosophy which incorporates philosophical elements that, far from being integrated in a cohesive unity, stand in striking opposition to each other, bringing each other into sets of mutual contradictions. Kuki's poetry challenges all the major themes of metaphysics sustaining Western thought: necessity, causality, the primacy of identity, sameness, and completion.

Keywords:French philosophy; German philosophy; Japan; Kuki Shūzō

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.63 History and Comparability en

In the 1980s and 1990s the word Japaneseness became an obsession. It was difficult to go to a conference and not hear the word Japaneseness splashed all over the room, with the obvious implication that we were too smart and too critical not to notice the imperialistic underpinnings of Japaneseness. The operations in dealing with Japan from a critical perspective reminded me of the aesthetic process in which an observer is posited as a subject who is empowered to do whatever he or she likes with the object under scrutiny. No one seemed to be concerned too much with turning a painting (or Japan) into an object without ever allowing the painting to turn the observer into an object.

Keywords:aesthetic process; Japan

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.2 Introduction en

This chapter focuses on the historical dimensions of integration and conflict in the region, and relates them to different varieties and strategies of social interaction, thereby filling with life the consummation of the marriage between anthropology and history. It explores how social life was changed by influences from the outside (colonialism, migration, trade) and how such changes in society at large were related to changes in processes of integration and conflict. The chapter investigates the strategies which are chosen to navigate conflicts and (re-)integration, both in past and present situations and whether and how the ways of dealing with conflict and integration reproduce themselves, not in the sense of preserving sameness, but in that of guaranteeing continuity by allowing for the adaptations and changes necessary for the social and cultural system as a whole to survive.

Keywords:Anthropology; colonialism; conflict; cultural system; social system

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.7 Patrimonial Logic of Centrifugal Forces in the Political History of the Upper Guinea Coast en

This chapter develops a patrimonial model of shifting political relations between central and subordinate authority-levels in the history of territorial settlements on the Upper Guinea Coast. The model-drawn from Weberian political sociology-identifies centrifugal tensions in those relations, and provides a heuristic for analyzing regional causal factors shaping political change. The argument highlights the paradox of patrimonial systems, namely the political and ideological mechanisms used to create social integration-political and economic reciprocity between patrons and clients, the charisma of patrimonial rulers, clientalist personal loyalty and support, patriarchical ethos, gerontocracy, etc -are the same mechanisms structuring conflict and instability when a changing political economy provides new resources and opportunities, or constraints. The Weberian patrimonial model provides an important key to solving that paradox.

Keywords:centrifugal forces; patrimonial model; Upper Guinea Coast

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.28 Kouankan and the Guinea-Liberian Border en

This chapter examines the history of the Guinea-Liberian border through the lens of the small Guinean town of Kouankan, which is located some 25km from the border with Liberia. It attempts to discern how discourses and practices shaped by political economic conflicts in nineteenth century have themselves endured to shape conflicts in the twentieth century. The chapter reviews events surrounding the refugee camp in Kouankan. It then considers the history and foundation of Kouankan in regional context, and how this is significant to the ways ethnicities have become constructed in the region. Whilst the Condo confederation was a heterogeneous political confederation, the Kamara clan of Diomande appears to have been important to its establishment. During the second half of the nineteenth century Kuankan and Musadu were drawn into conflicts linked to Islamic state building.

Keywords:Condo confederation; Guinea-Liberian Border; Kouankan; Musadu; nineteenth century; refugees

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.35 A Saucy Town? Regional Histories of Conflict, Collusion, and Commerce in the Making of aSoutheastern Liberian Polity en

Liberia was settled during the nineteenth century by freed blacks, mainly from America, whose power was broken by a coup in 1980. Sharing languages and cultures with their neighbours in today's western Ivory Coast, the peoples of the region helped to shape the Liberian state. This chapter outlines the making of a polity, Sasstown, in Grand Kru County, southeastern Liberia, a region with common linguistic and cultural affinities, and common coastal histories, extending eastwards into Cote d'Ivoire, conventionally to the Bandama River. A couple of linguistic islands, Dey and Belle, still further west, presumably attest to a former extension of Kru language speakers confronted earlier by the West Atlantic/Mel and Mande speakers who developed communities around them. Transport had become a massive problem of the southeast, hampering attempts to develop local cash crops.

Keywords:America; Kru language; nineteenth century; Sasstown; southeastern Liberia

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.46 'Traditional' Jola Peacemaking: From the Perspectives of an Historian and an Anthropologist en

This chapter discusses the historical and cultural roots of reconciliation and peace in contemporary Casamance, Senegal. Local actors in the peace process situate themselves as the heirs of indigenous tradition. Regarding the recent efforts to end the civil strife that has afflicted the Casamance since 1982, we find ourselves in the position of having different perspectives: one of us is an anthropologist, while the other is both an historian and a participant, though admittedly to a limited extent in terms of the latter category. The chapter talks about traditional peacemakers, or at least about what 'traditional' means in this context. The women's organization Usoforal (Comité Régional de Solidarité des Femmes), for example, anchors its social role in working for peace in a conscious and direct reference to the longstanding efforts of women in Lower Casamance society in working to limit or end conflicts.

Keywords:anthropologist; traditional peacemakers; women's organization

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.52 The Creole Idea of Nation and its Predicaments: The Case of Guinea-Bissau en

This chapter outlines the major contemporary projects for the nation in Guinea-Bissau and the dilemmas and contradictions their proponents experience in trying to implement them. It claims that the idea of nation has been constructed by Guinean Creole society since the mid 1950s as a way to overcome its subordinate position within in the colonial political structure. However, after independence, the incapacity of Creole institutions to incorporate a mass of people from rural communities, the centrifugal forces of patrimonial politics and ideology as well as the contingencies of international political economy created a gap between the actual experience of nation building and the collective narratives that frame and organize social practices. That being so, Creole society is challenged by the predicament of having no conceptual repertoire to frame the experience of building the imagined community that is the nation.

Keywords:Creole society; Guinea-Bissau; international political economy; patrimonial politics

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.59 The Mutual Assimilation of Elites: The Development of Secret Societies in Twentieth Century Liberian Politics en

The territory that became internationally recognized as the Republic of Liberia from 1847 appears to have a long history of initiation societies that predates the modern state. The most famous such society is the men's society, Poro, that has been widespread in the north of the country since before the republican period. Initiation societies were used by politicians and officials of the Republic of Liberia during the twentieth century as part of the apparatus of indirect rule, both formally and informally, and had a demonstrable effect on both the style and the institutional development of the Republic. The Upper Guinea Coast contains a number of distinct communities that have only a relatively recent history of bureaucratic governance, and of its close associate, the use of writing for administrative purposes.

Keywords:bureaucratic governance; Republic of Liberia; Upper Guinea Coast

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.66 Out of Hiding? Strategies of Empowering the Past in the Reconstruction of Krio Identity en

The Krio are the descendants of liberated slaves in Sierra Leone who, on the background of heterogenous origins, developed and maintained a new common ethnic identity. However, in recent years, since the end of the civil war, an increasing number of Krio have become more engaged in public discourse and involved in political activities on the national level. The historical dimension of diaspora in Krio identity is, of course, particularly obvious and evident, with many ancestors of the Krio having come from the Americas or from other places outside Sierra Leone. Thus, Africanizing 'Yoruba-style' is not so much aimed at becoming a 'regular' Sierra Leonean, but at Africanizing Krio elitism. The pidgin potential can be generated in relation to creole ethnogenesis, over the course of which native peoples and characteristics were integrated into the emerging creole group and culture.

Keywords:civil war; diaspora; Krio identity; pidgin potential; Yoruba

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.98 Victims and Heroes: Manding Historical Imagination in a Conflict-Ridden Border Region (Liberia-Guinea) en

Victimization, autochthony and citizenship, power, and nation-building constitute recurrent, interrelated themes in post-war Manding historical memory in the border area between Liberia and Guinea. While the perceived history of the Manding diverges from academic, historical knowledge as well as from neighbouring peoples' recollection of the past, it informs about the position and role of the marginalized, but at the same time military victorious Manding in a reshuffled Liberian political culture. This chapter suggests that contemporary Mande memory work serves a double purpose. On the one hand, Manding historical imagination gives expression to political ambitions and conveys claims to a number of basic civic rights, including citizenship. On the other, there is a moral value to heroic memories of the past as a means to recreate communal life and to come to terms with the experience of prolonged years of political marginalisation, violent deatch, loss of property and exile.

Keywords:communal life; Guinea; Liberia; Mande memory work; political marginalisation; Victimization

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.107 Are 'Child Soldiers' in Sierra Leone a New Phenomenon? en

This chapter investigates the question of continuity and change in intergenerational relations and conflict in Sierra Leone. What light can be shed on the modern phenomenon of child soldiering by a historical analysis of the participation of children in war? Four eras of Sierra Leone's history the pre-colonial, early colonial, late colonial and early independence eras are examined. Although their participation has shifted in meaning and in substance over the years as the nature of war has shifted, two themes emerge. First, their participation taken place under the rubric of apprenticeship to powerful warriors. Second, in a gerontocracy, 'youth' is not simply a biological category; it is most productively understood as a political category. The chapter ends with reflections on the agency of children in war, and discusses whether they are better seen as the dupes of their elders or as a class for themselves.

Keywords:child soldier; gerontocracy; Sierra Leone

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.116 Generating Rebels and Soldiers: On the Socio-Economic Crisis of Rural Youth in Sierra Leone before the War en

There seems little doubt that the oppressive and collapsing Sierra Leonean state contributed to the outbreak of the country's decade-long armed conflict. However, according to Sierra Leonean ex-combatants there was an additional crisis; widespread exploitation of young people's labour by rural elites misusing customary law. This chapter reviews evidence concerning the history of the rural society, and the role of the state in shaping that history. It argues that the political economy of rural Sierra Leone from the colonial period is dominated by unresolved tensions between land-holding elites and dislocated peasants or 'strangers.' Post-domestic slavery conditions of social dependency and vagrancy reproduced themselves across generations giving birth to a young rural underclass, ripe for militia recruitment.

Keywords:armed conflict; colonial period; customary law; political economy; rural society; Sierra Leone; Socio-Economic Crisis

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.2 Introduction en

This book recognize the advantages of a bureaucratized society for economic growth and its costs in terms of a loss in chances for close personal, or even just neighborly, relationships. In fact America is in many ways less of a bureaucratic society, more concerned with protecting the diversity of local cultures against the social engineering schemes of central government. Creating a way of life that avoids the necessity for extreme measures for emotional relief, a way of life that ensures the avoidance of extremes of emotional impulsiveness and emotional repression should be the goal for modern morality and modern religion. In summary regarding the useful psychological understandings that underlay this book, though traditional societies often fear the effects of being hyperemotional and thus impulsive the modern version of this more likely results from attempts to compensate for emotional repression through use of artificial stimulants.

Keywords:America; bureaucratized society; modern religion

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.4 Values from a Pragmatic Perspective en

One way to look at the change in social environment that produces human values is to notice that the traditional, intimate social environment known as community was and is one where people know each other in depth, while the modern, bureaucratized social environment known as association is one where certain specialists know about certain things in depth, and the mass of people do not share common knowledge about much of anything. The modern world seems especially to offer greater opportunities for social morality and bureaucratic expertise allows allocating wealth from society at large in complex ways, but offers fewer opportunities for interpersonal morality. When Latin American immigrants come to the US the weakening of authoritarian family and church control over their children doesn't automatically produce self-control. The pragmatic means for nudging social evolution in the right direction has much to do with what politics, and political sociology.

Keywords:Latin American immigrants; modern world; social morality

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.5 Alienation: the Short Version en

In terms of cultural ideals, less so in terms of cultural practices which reflected the European class system, 18th century American society and European society of the same era were much alike. As of now American society is just too atomized for such sociability occasions to occur on a regular basis and Americans, in their competitive individualism, tend to find such fawning demeaning. There are many societies where a sense of social order maintained by a religious tradition, when that tradition declined, nevertheless coasted along on the basis of sheer cultural conformity, nationalism in fact. Improving the moral quality and ability of elites as a substitute for just keeping even more power out of their hands is considered a viable alternative to tyranny in some societies, but not in America.

Keywords:American society; European society; individualism; sociability

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.6 Prospects for Democracy: Individualism/collectivism as Sources of Association/community en

The intellectualization of government policies is the direct result of government being far removed in experience and perspective from the people they serve, so that intellectualizing and ideology are used to fill in the gaps, which is a quite definite mixed blessing. It should be remembered that individualism in societies, which at an extreme can produce narcissistic individuals, and collectivism in societies which at an extreme can produce authoritarian individuals, are only opposites at the extremes, and also tend to be extremely unstable. For all the idealization of democracy in both Europe and America, there is little enthusiasm among elites for expansion of direct, as opposed to representative, democracy. Thus political families in traditional societies tend to be from prestigious and acclaimed families.

Keywords:America; collectivism; democracy; Europe; individualism

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.7 Character and Civil Society en

Many of the themes found in the Prospects for Democracy: Individualism/Collectivism as Sources of Association/ Community is presented in this chapter with the emphasis on how values reflect what an aroused citizenry, or an apathetic citizenry, are concerned about or not, and why. One way to relate the structure of a society to the characters of the people who make up that society is to notice the kinds of things Emile Durkheim emphasized in his famous book, The Division of Labor in Society. Initiative in government typically derives from (1) paternalism from elites, (2) limited government derived from local initiatives and responsibilities that combines paternalism from elites, particularly through bureaucratic means, with democratic oversight and (3) direct democratic input from the mass of people that is reflected at the local and/or national levels.

Keywords:civil society; paternalism

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.8 Ethics for an Impersonal Age en

By the end of the 18th century the Founding Fathers of the American Revolution, that succeeded, and the philosophes who prepared the stage for the French Revolution, that ultimately failed, were increasingly thinking of society in general as refl ecting the clockwork mechanisms of Newtonian mechanics, and which would be made more efficient as long as the parts of that machine, people, were kept rational in the service of their own interests and that of society at large. Max Weber wanted to keep the benefits of personal responsibility and even personal sociability, as well as the benefits of bureaucratic efficiency. Modern social science increasingly conceives of people only as relatively impersonal consumers, and analyzes this situation in eit.

Keywords:impersonal age; Max Weber

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.9 The Place of Optimism in American Life en

America has been known as the happy land to outsiders, the source of wonder because as Bismarck supposedly said God offers a special benevolence to fools, drunks, and the United States of America. In summary, as the maldistribution of income grew in France, even as the total amount of wealth increased, trickling down as it were on the heads of the common people, intellectuals dreamed of bureaucracies that could bring their visions into fruition. Historically, America has relied more on the good sense of the average citizen in approving public policy than on the good sense of elites, even when paradoxically this depends on the average citizen exercising self-restraint so as not to interfere with the bureaucratic expertise of elites upon which the modern economy, and modern government, rests.

Keywords:American life; bureaucracies; Optimism

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.10 The Rationality of Psychological Fulfillment in Adolescents' Lives: the Production of Personal Relationships and Self-Identity en

This chapter mentions first, however, some things about the adolescent personality. It discusses what is meant by character in the human context, and how societies develop social fail-safe systems to correct errors in personal psychological functioning, and vice-versa in producing reasons for personal rebellion (since societies themselves can have their own errors so that social and other environmental constraints can mold personalities in unhealthy directions). The chapter also examines these processes to serve as a reminder for works in the social and behavioral sciences and the humanities, that in their time proved highly enlightening, and still do, but just as ignorance or just plain forgetfulness is a factor in individual life, so is it also a factor in social life and in the history of social institutions including fields of knowledge.

Keywords:adolescents; personal relationships; psychological fulfillment; rationality

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.11 Nihilism: East and West en

The 20th century, and now into the 21st century, has seen the fulfillment of both greatest desires and greatest nightmares, for it was the century of ambition. This is certainly true of the West, and expects the rest of the world to catch up, in wealth and perhaps in Faustian bargains as well. Thus Nazi Germany was in many ways a nihilistic Nietzchian state, while Imperial Japan of that era was merely an imperialistic one. The leaders of Imperial Japan of same era were also somewhat like Homeric warriors in their own ideals, yet whatever sadism they encouraged or overlooked under stress, the Rape of Nanking and the brutalities upon the evacuation of Manila come to mind, they seemed to produce more sins of omission than commission. The weakness of modern community is real, and doing nothing about it which is the modern American solution has its costs as well.

Keywords:imperial Japan; Nazi Germany; Nihilism

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.12 Making Friends in the Non-Western World en

The criticisms of the Islamic world as a prototype for problems with the non-Western world in general, though it is understood there are many cultures in the non-Western world and they are not all alike. For that matter, the dislike of some aspects of American culture in the Islamic world involves criticisms, whether they realize it or not, which one makes about themselves. The puritanism of both Islamic and Anglo-American Protestant cultures is such that the emphasis is more on avoiding sin, not seeking forgiveness from someone in authority. Actually Americans are in some ways just as fatalistic as Arabs, but the Arabs are fatalistic about their social loyalties. Political cultures are influenced by the cultural institutions that determine how manners, morals, and customs are learned and enforced.

Keywords:Anglo-American protestant; Islamic world; non-Western world

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.13 Aspects of Hysteria in America, Brazil, Germany, and Africa en

One way to look at hysteria of the sort commonly found in individualistic societies such as America is to note that with the decline of faith in individualism as a social ideology, decline in faith that money can buy happiness, decline in faith that acquaintanceship leads to strong social camaraderie, as well as the results of individual sources of unhappiness, the result can be extreme hedonism, experimentation with sexual identity and serial monogamy. Reactions to stress in Africa may tend towards the individualistic forms, just like in America, but more likely are the more collectivistic forms reflecting the collectivistic traditions innate to African cultures. One can say that Americans have a romanticized view of achieved status, even one as modern as that found in Germany, have a romanticized view of ascribed status, at least concerning the family and old friendships dating back to childhood.

Keywords:Africa; America; Germany; hysteria

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.14 Figurehead Politicians and Democracy en

The politicians of the American Revolution saw the European leadership class as figureheads, people who did not earn their positions in society, but kept them through reimbursed advisors, who did the real work while their patrons engaged in public relations stunts. Symbolic morality has driven out practical morality in certain ways and that include affirmative action, law as blackmail, education, make-work instead of helping the poor and business morality as public relations. Social order nowadays mostly comes through the desires of elites to maintain control, desires which at least in the short run tend to be more effective than the desires of the mass of people which are filtered through their representatives, or sometimes their rulers, direct democracy being almost unknown in the modern world.

Keywords:American revolution; democracy; European leadership; figurehead politicians

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.15 Social Engineering and Public Relations Stunts en

It is always odd to learn about democracy from elites. This is especially true when they are politicians who distort the nature of democracy in their rhetoric. The theory of American government originally was that the notables of the community would be elected by acclamation, which is another way of saying people would know who they were voting for. One of course learns that merely having money in one's pocket cannot buy happiness, that some kinds of happiness really do require social cooperation, that in fact social disorder can create jobs to repair this disorder without creating happiness to any great degree. Competency in leadership, as opposed to public relations stunts, is what determines that the people who deserve to be helped are helped, and not merely those with the most aggressive lobbyists.

Keywords:democracy; politicians; public relations stunts; social cooperation

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.16 Liberalism at the Crossroads en

All presidential elections in America are treated as if the nation is at a crossroads, and even if the election eventually confirms that no election makes much of a difference in the short run, there are nevertheless long-term changes in culture and politics, and in that sense an election often represent resistance or confirmation of these changes. A very interesting discussion of the whole historical process in America is The Rise of American Democracy: Jefferson to Lincoln. The earlier America feared a strong central government, but not a strong local government, and certainly not strong families. The original meaning of liberalism meant tolerance and reasoning together in order to eventually work together for the common good. Liberalism has become a tolerance not for self-directed civil society, nor for the independence of individuals and communities, but a tolerance for bureaucratic intrusions for good and for ill.

Keywords:American democracy; liberalism

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.17 What Does the Working Class Really Want? en

Talking about the American working class, an influential group claim to speak for them and proceed to drown them out, is difficult because they tend to be mute, to be acted upon rather than be actors. Certainly the American colonies, and then the early Republic, had no patience for a class of libertines or even of the idle rich to rule over them. The major issue in determining the effectiveness of democracy has always been the existence of the right to vote, and the existence of people to vote for, a system for communities to throw up people to represent them rather than people who are out to represent themselves, turning it into another job. Thomas Jefferson said the working class wants some control over their lives, the kind of dignity which cannot be bought as a commodity though it can be produced through a social contract that produces cooperation.

Keywords:American working class; democracy; Thomas Jefferson

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.18 Foolish Ritualism and Democracy en

Foolish ritualism is much more dangerous in politics and in law, when for example legislatures pass laws so badly written that they rarely specify Who, What, Where, When, and How some dispossessed group should be made whole. This opens the door for judges who really are like monarchs, with badly written laws to spur them on to ordering people around. In traditional Latin America the living reality of a kind of feudalism meant that the rich had ongoing social relationships, but because of extreme maldistribution of power, the rich were also constantly having their egos massaged, which made them pretty happy if not exactly moral. A foolish ritualism can develop in societies plagued by endless feuding as a means to keep it under control, but this ritualism in some ways does not teach the inner self, it develops social order more than it develops the personality.

Keywords:foolish ritualism; traditional Latin America

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.19 The Place of Law in a Democracy en

For tribal societies, law is custom and custom is law, and the purpose of these customary laws may be forgotten, usually regarding the minor ones, but for the major ones they are obvious as everything else is in a society which holds few secrets from its members. That's why theft is nonexistent in a society where nothing can be hidden, where everything anyone owns is known to everyone else who cares to look, and often can be borrowed just for the asking. The ultimate level of analysis for describing what the place of law in a democracy is to describe what is the relation of law to values, and how does democracy enforce or create or is created by law and values. Socialistic government, more common in Europe, is organized through reliance on bureaucracy and social conventions.

Keywords:customary laws; democracy; socialistic government

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.20 The Star System in America en

The influence of a star system becomes increasingly likely in a society that is competitive but also big and anonymous so that people don't have the chance to get to know each other very well. In America image often ends up what is being judged because competency is just not known or even particularly understood by those doing the judging. In Britain even professors who don't like each other for ethnic and political, essentially snobbish, reasons, can still know each other enough to respect each other professionally. This is possible only when the community of scholars is small enough so that they can get to know each other in order to judge each other's work, in depth rather than just superficially.

Keywords:America; star system

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.21 What is Happiness? the Loss of Human Nature in Psychiatry en

Psychiatry seems to be in a quandary about its subject matter and its efficacy. In author's understanding the pragmatics of personality that is of motivation and choice has been split in the world of academic specialization that feeds into psychiatry into emphasis on motivation in a vacuum that is personality as determined by chemical processes, and choice as an object of intellectual contemplation. Thomas Jefferson, founder of the American democratic philosophy of government, and others of his generation, believed that government should be concerned with carrying out the goals, but not substituting for the goals, of community. To give an example more relevant to psychiatry, at one time psychoanalysis had hoped to use verbal discussion to achieve direct access to the emotions, an access which would allow for changing emotions, both through rational and irrational means.

Keywords:psychiatry; psychoanalysis; Thomas Jefferson

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.22 The Lowering of Professional Standards in America en

To learn the state of professional standards in America is to learn much about the prospects for successful social reforms. In this chapter, the author summarizes some of the problems, particularly the tendencies toward foolish ritualism and image-management rather than competence that dogs all the major professions nowadays, and in many parts of the world. In social terms, professionals are increasingly businesspeople whose source of respectability is no longer any sense of honor, but merely the showing off of their wealth. To reintroduce standards is to reintroduce a sense of community among both producers and buyers of culture, which is essentially the only way a market mechanism can work. In actuality cultural standards and institutional interests usually rule. In general American culture lends itself toward anti-intellectualism and reliance on formula that it is hoped works in a society which is anonymous and where people don't communicate with much depth.

Keywords:American culture; foolish ritualism; image-management; professional standards

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.23 Liberal and Authoritarian Versions of Democracy en

The US political system ensures choice but not excessive choice, which guarantees stability, but prevents minority ideological views from having impact except through their lobbying efforts. This political system also gives economic growth a kind of sacred quality, making it the touchstone of political compromise, and discourages the kinds of holistic approaches to problems, dealing with many issues simultaneously as well as with the side-effects of proposed solutions, typical of small-scale, gemeinschaft -like societies. There is another way of looking at the difference between competitive, liberal, individualistic societies and non-competitive, authoritarian, collectivistic societies. In collectivistic societies the goals of society are typically those which groups of people can enjoy, while in individualistic societies the goods of society are typically those which individuals enjoy alone.

Keywords:authoritarian societies; gemeinschaft; liberal

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.24 Culture and Civil Society en

Continental European culture, and French culture is certainly a strong example, tends toward strong aristocratic influences, particularly toward accentuating certain small details of life such as social etiquette and esthetic appreciation. This brings a certain fitness and joy to everyday life, such as through tasty cooking or a sense of beauty in the house such as produced by fresh flowers, but weakens concern in the public sphere and in politics which is left to elites. Work is enhanced in importance because it can lead to great social and personal success, eventually. British culture in a sense revolted against much of this, though the British upper class is closest to Continental Europeans in attitudes.

Keywords:British upper class; continental European culture

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.25 Democracy and Civil Society en

Civil society is a formal way of describing all those institutions and social relationships that maintain values in society, like religion, like charity groups, even in some very important aspects the family. Democratic society must also concern itself with values even though much of government regulates social order in a technical sense, like the way the executive branch of government is the traffic cop of society, or the way the legislative branch regulates the zero-sum games of society through its own games which produce winners and losers. The democracy of ancient Sparta was not a political democracy, it was a monarchy, but there was an equality of social condition among the non-serf class. American-style democracy is good at preventing tyranny, and is less efficient at producing ongoing social order.

Keywords:American-style democracy; civil society

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.26 The Ecological Society en

This chapter describes the possibility for politics to end poverty, and the various social problems associated with poverty. The long commutes; longer than is common even in the big cities of Europe, is one important reason why Americans typically have little or no social life during the work week. There is also the need to reintroduce working-class jobs into the inner city. While people in the inner cities desperately need jobs, they for the most part neither has the means to acquire the proper skills, the encouragement to do so, nor even in many case the means to get to work.

Keywords:Americans; ecological society; poverty

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.27 Plutocracy and the Labor Movement en

There has always been a dilemma in American history over whether America should be a consumers democracy or a workers democracy. This was usually resolved in favor of the former. By the time of the Progressive Era at the beginning of the 20th century far less was expected from bosses in terms of paternalism and even moralism than in the early days of the Republic. The Progressive Era was one where rule by disinterested, objective, scientifically-minded professions, and the professionals who made up them, was often touted as the way to return morality and community to an increasingly anonymous society. This chapter discusses plutocracy and the labor movement, and then shows how Prof. Walzer in good liberal fashion discussed in general terms the need for people to reason together for the public good.

Keywords:American history; democracy; labor movement; plutocracy; prof. Walzer

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.28 Industrial Democracy for the 21st Century en

In early America, leaders were expected to represent their, usually poorer, neighbors and thus out of a sense of honor to represent the interests of people quite different from themselves. Industrial Democracy is an alternative to the belief that lack of input on wages and working conditions can be compensated for by the gains workers will get as consumers. One of the major benefits of Industrial Democracy is that it helps society to self-regulate itself without being dependent only on the initiatives of politicians to do so. Industrial Democracy offers the potential not only for informing top management what the workers think, but informing government and society at large about all these little kinks in the marketplace.

Keywords:consumers; industrial democracy; wages

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.29 The Great Weakness of American Government en

Most modern nations have renounced their feudal heritages, though not exactly in the same way and to the same degree. Once Britain and America were much alike in the way they did so, and Continental Europe was different. In France and Japan to this day technical competence is a hallmark of governmental administration, and this is true of most of Western Europe as well. The generalized perspective gained from a liberal arts education was and to a certain extent is the British tradition for future civil servants, especially for the higher ranks. The theory of American politics is that local government should be the most competent because it is the closest to the people, and the Federal government should be the least competent because it is the farthest.

Keywords:American government; Britain; Japan

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.30 Modern and Postmodern Views of Democracy en

Though the ancient world had plenty of belief in the importance of virtue for regulating society, they had much less faith in how to achieve it. These tendencies of the ancient world have reappeared in the modern world. The major difference between America and the Third World is that America is an individualistic land where individual hysterias may coalesce, but rarely mass hysteria. The change in social conditions from those of the 18th century for good and for ill, the increased wealth of both the nation and individuals, but the weakening of feelings of social solidarity is stark. Max Weber at the beginning of the twentieth century became noted for building upon the simplicities of Marxist analysis in order to fill in what they left out.

Keywords:Max Weber's analysis; modern world

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.31 Nation-Building and Social Solidarity en

Much of what one knows about "nation-building" derives from the historical experiences of Europe and America. In a comparison of America and Europe, Europe has government producing social order in areas which the mass of people want, and in areas which only elites want, reflecting their self-serving interests, paternalism, and intellectual fads. The large states of Europe had recent traditions of aristocratic arrogance and militarism lacking in the small states of northern Europe. One reason for ineffective government is when the leaders of democracies are no longer the notables of the communities they represent, but are merely people who run for office as their way of making a living, or occasionally out of boredom or ideological fervor. At times in recent history many people in European states have exhibited romantic nationalism, fantasizing that the state can become like a small, convivial community with state elites functioning like the local aristocracy.

Keywords:European states; nation-building; social solidarity

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.32 Reason and Morality in Community: Some Conclusions en

This conclusory chapter of the book illustrates some of the ramifications of a pragmatic critical theory, particularly regarding two social developments in America, which makes America less of an exceptional society and less of a model for the rest of the world as America is becoming more like the rest of the world, particularly in its class system. The book can be thought of as building on the insights of Max Weber but going beyond him, providing a meditation on the relation between social cohesiveness, cultural values, and prospects for political democracy. It discusses that there is a difference between management and image-management, and that it is no surprise that experts in image-management get to rise to be figurehead leaders of organizations, and through politics of societies.

Keywords:American government; democracy; Max Weber

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.7 Natural Persons en

This chapter on natural persons (citizens) contains several articles concerning the capacity to possess civil rights, right to dignity, capacity to perform civil acts, adjudication of disappearance, adjudication of death, and domicile. All natural persons' capacities to possess civil rights are equal. If a natural person satisfies one of the following situations, the person with a relevant interest may claim to the People's Court to adjudicate him as dead: a) his whereabouts are unknown for four years; b) his whereabouts are unknown for two years because of an accident. A natural person's domicile shall be the place of residence where he is registered. If his ordinary place of residence differs from the domicile, or the place where his residence is registered is unknown or uncertain, the ordinary place of residence shall be deemed as his domicile.

Keywords:civil rights; natural person's domicile

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.8 Juristic Persons, Unincorporated Associations en

This chapter on juristic persons and unincorporated associations contains several articles concerning the establishment of a juristic person, juristic person's organs, change of a juristic person, disbanding and liquidating a juristic person and unincorporated associations. A juristic person may not be established except in accordance with the law. A profit-making juristic person refers to the juristic person that aims to acquire economic interests and distribute them to its members. The consent organ of a profit-making juristic person which is not a corporation shall be the membership meeting. When the juristic person is divided/merged, its rights and obligations shall be exercised and performed by the resulting changed juristic person. The disbanding of a juristic person is the sole legal cause for the extinguishment of a juristic person's capacity to possess civil rights. A profit-making unincorporated association shall be registered by the management organ of the Administration of Industry and Commerce.

Keywords:civil rights; juristic person; unincorporated associations

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.15 Object of Rights en

This chapter on the object of rights contains sixteen articles concerning the definition of thing, definition of immovable property, definition of movable property, important component, principal thing and accessory, temporary attachment, temporarily attached thing to the immovable property, fungible thing and non-fungible thing, substitutable thing and non-substitutable thing, specific thing and non-specific thing, consumable thing and non-consumable thing, divisible thing and indivisible thing, single thing, combination and aggregation, fruits, acquisition of fruits and the animals. Immovable property refers to a thing that is not movable according to its nature or the law, including land, anything attached to land, any natural benefits that arise from and do not separate from land, and a thing attached to the land permanently by nature or human force and cannot be separated. Movable property refers to things that are not immovable property.

Keywords:immovable property; movable property; object of rights

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.21 Juristic Acts en

This chapter on juristic acts contains several articles concerning general provisions, declaration of intention, invalidity and termination of the declaration of intention, conditions and durations of juristic acts and interpretation of a juristic act. A juristic act refers to conduct that uses consent as its element and has the establishment, alteration and dissolution of a relationship of civil rights and obligations as its purpose. Declaration of intention refers to conduct by which a party has outwardly declared its intention to establish, alter or dissolve a relationship of civil rights and obligations. A declaring person purposely makes a declaration of intention that is inconsistent with his true intention may not claim the invalidity of this declaration of intention, unless the other person knows of the inconsistency.

Keywords:declaration of intention; juristic acts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.22 Agency en

This chapter contains several articles concerning agency. It is divided into three sections. The first section concerns the general provisions, and contains articles that include the scope of agency, principle of applicable law for different types of agency, and the sources of the power of agency. The second section relates to direct agency. This section contains articles such as those on the effect of direct agent, and the principal's right of retroactive ratification for unauthorized agency. The third section of the chapter deals with indirect agency, and contains articles that include the definition of indirect agency, and the principal's right of intervention.

Keywords:direct agency; indirect agency; unauthorized agency

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.28 Limitation of Actions en

This chapter on limitation of actions contains several articles concerning the general provisions, cessation and non-completion of limitation of actions and cessation of the limitation of actions. A party shall not change the length and calculation method of the duration of limitation of actions. Mutual consent to change the length and calculation method of the duration of limitation of actions is invalid. When both parties are negotiating or are about to negotiate over rights and obligations, the limitation of actions shall be suspended. If the limitation of actions ceases because of a lawsuit or arbitration, the effect of cessation occurs from when the lawsuit or arbitration is brought, and continues to be ceased until final judgment or other methods of concluding have occurred.

Keywords:lawsuit; limitation of actions

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.32 Date, Period en

This chapter on date and period contains several articles concerning the definition of date and period, calculation, calculation of a period, period's calculation starting point, completion point of the last day of the period and decision on the last day of the period. Date refers to a specific time, such as a certain hour, day, month and year. Period refers to the duration of time between a certain date and another date, such as a certain hour to another hour, a certain day to another day, a certain month to another month and a certain year to another year.

Keywords:date; period

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.36 General Rules en

This chapter on general rules contains several articles concerning the General Provisions, Alteration of Real rights and Real Rights Claims. The County-level People's Court of the place where the immovable property is located has jurisdiction over immovable property registration. The immovable property registry shall be open to parties to immovable property real rights and to persons with a relevant interest in the real rights. The real rights of movable property which are acquired by juristic acts shall take effect from the time of delivery unless otherwise provided by law or agreed upon by the parties. The possessor of real rights can directly claim for the return of possession against anyone who has no right to possess the property.

Keywords:general rules; immovable property registry; real rights

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.37 Ownership en

This chapter on Ownership contains several articles concerning general provisions, ownership of land, condominium ownership of buildings, relationship with neighboring immovable property, ownership of movable property and co-ownership. Ownership means, within the scope of regulations and laws, the right to deal with the subject matter of ownership at the owner's discretion and exclude others from any intervention. The state shall own the urban land in the city as indicated by the Constitution and other laws. The ownership of the state-owned land is executed by the State Council. Condominium ownership of building means several persons share one building, and each one has the ownership of a particular part and each proportionally owns the common areas and annexes of the building, unless there is an additional agreement. The owner or user of immovable property shall not install a roof, mechanism or any other structure that discharges rainwater directly onto neighboring land.

Keywords:condominium ownership; immovable property; movable property

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.41 Use Right of Residential Land en

This chapter contains 34 articles on use right of residential land. Some of the presented articles are: subject matter of the use right of residential land, contract for the creation of the use right of residential land, co-ownership over the use right of residential land, statutory use right of residential land, usage fee for the use right of residential land and increasing and reducing the rent on the use right of residential land. The subject matter of the use right of residential land shall be limited to the building land prescribed by law. The contract for the use right of residential land shall be created in writing. A landowner shall not deny the application for renewal without justifiable reasons, unless otherwise agreed in an agreement for the creation of the use right of residential land.

Keywords:landowner; residential land

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.48 Farmland Use Right en

This chapter on farmland use right contains twenty nine articles. Some of the articles are definition of farmland use right, creation of the farmland use right, acquisition of a farmland use right by prescription, exercise of the farmland use right, ownership of affiliated facilities, lease of farmland and inheritance of farmland use right. The contract creating a farmland use right shall be in writing, and the creation shall be registered at the real estate registration organ. The contract thereof shall be effective from the day of conclusion. The farmland use right shall be created on the day of registration. Acquisition by prescription of the farmland use right may not violate the laws regarding the land and environment. The possessor of the farmland use right shall not lease out the land for more than 20 years, or for any period longer than the remaining duration of the farmland use right.

Keywords:acquisition by prescription; farmland use right

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.49 Neighboring Land Use Right en

This chapter contains 28 articles on neighboring land use right. Some of the presented articles are: servient and dominant land, effect of neighboring land use right, creation of neighboring land use right, neighboring land use right created due to the creation of other rights of things, indivisibility of neighboring land use right (a) and indivisibility of neighboring land use right (b). The conveniences and benefits of the dominant land include, inter alia, the right of passage, water flow, drainage, air, light, view, and other conveniences and benefits which require tolerance or performance of negative duties by the owner of the servient land. In creating a neighboring land use right, harm to the servient land shall be minimized, and shall not be in violation of public policy and good faith. The duration of a neighboring land use right may be determined by the parties concerned.

Keywords:neighboring land use right; servient land

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.50 Right of Pawnage en

This chapter on the right of pawnage contains fifteen articles. The presented articles are definition of right of pawnage, creation of the right of pawnage, effect of the right of pawnage over a building extends to the use right of the underlying residential land, duration of the right of pawnage, assignment of the right of pawnage, transfer of pawned property, right of first refusal by the pawnee, sub-pawnage or lease, duties arising from sub-pawnage or lease, duty of safekeeping, loss of pawned property due to force majeure, reconstruction of pawned property and option of pawnage with an agreed duration. The right of pawnage shall be created in writing, and the creation shall be registered at the real estate registration agency. The contract creating the right of pawnage shall become effective upon its conclusion and the right of pawnage shall be effective upon its registration.

Keywords:pawned property; right of pawnage

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.51 Mortgage Right en

This chapter contains several articles concerning the mortgage right. It is divided into four sections. The first section contains articles such as the definition of mortgage right, scope of mortgaged property, and the simultaneous mortgage of the use right of residential land and the building. The second section on ceiling mortgage includes articles on the definition of ceiling mortgage, scope of application, and the modification of a ceiling mortgage. The third section relates to the collective mortgage of enterprise assets. This section contains articles such as the definition of collective mortgage of enterprise assets, and the kind of assets subject to collective mortgage. The last section of the chapter deals with enterprise security rights, and contains articles including those on the relationship between enterprise security and other real security rights.

Keywords:ceiling mortgage; enterprise assets; enterprise security rights; mortgage right

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.52 Right of Pledge en

This chapter on the right of pledge contains several articles concerning the general provisions, pledge over moveable things and pledge over rights. The right of pledge is a right held by an obligee to obtain satisfaction of his credit out of the value of the personal property or property right of which he has received possession from the obligor or a third party as security for such credit in preference to other obligees. If the pledgee does not know the fact that the pledgor did not have the right to dispose of the pledged asset at the time when taking possession, the pledgee shall still acquire the pledge. The pledgee is entitled to demand the obligor of the pledged credit to satisfy the pledgee's secured credit, unless when the pledgee and the pledgor have not notified the obligor in advance.

Keywords:pledge over moveable things; pledge over rights

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.57 Right of Retention en

This chapter contains 17 articles on right of retention. Some of the presented articles are: conditions of occurrence, acquisition of right of retention in good faith, controlling effect of retention right over retained property, prohibition against exercising the right of retention, right of retention extinguishes with the secured credit and right of retention extinguishes due to the provision of other security interests. If the obligee does not know the fact that the obligor did not have a right to dispose of the retained property at the time of taking possession, the obligee shall still acquire the right of retention. The obligee may exercise the right of retention over the entire retained property before the obligor fulfills his obligations. obligee's retention of the movable things will breach his duty.

Keywords:obligee's retention; retention extinguishes

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.61 Chattel Mortgage en

This chapter on chattel mortgage contains nine articles. The presented articles are: definition of chattel mortgage, subject matter of chattel mortgage, creation of chattel mortgage, registration of chattel mortgage, profits and expenses, duty of possessor of subject matter, liability for improper disposal of subject matter by the parties, obligor or third party's right of claim for returning and its restrictions and exercise of the right of chattel mortgage.

Keywords:chattel mortgage; third party's right

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.62 Possession en

This chapter contains 18 articles on possession. Some of the presented articles are: auxiliary possessor, presumption of the right of possession, alteration of manner of possession, bona fide possessor's use and collection of profits and possessor's right of self-defense. Rights exercised by a possessor over a thing possessed shall be presumed to be lawfully held. Possession shall be transferred to the successor from the commencement of inheritance. A bona fide possessor shall have the right to claim for indemnification from the right possessor of the thing possessed for the expenses to maintain the usefulness and value of the thing. Possession shall extinguish when the possessor loses physical domination of and control over the thing.

Keywords:bona fide possessor; transferor's possession

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.63 General Provisions en

This chapter contains articles on general provisions. The presented articles are: definition of obligation, subject matter of the obligation performance, performance must be legal, performance must be confirmed, good faith, scope of effect of the obligation. An obligation refers to a relationship of rights and obligations for which specific parties can claim specific performance. The subject matter of the obligation refers to the obligor's conduct, including delivering property, transferring rights, paying money, providing labour or service, submitting production, providing resources, non-performance, etc.

Keywords:obligation performance; subject matter

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.64 Causes of Obligation en

This chapter on causes of obligation contains several articles concerning the general provisions, unjust enrichment, negotiorum gestio and unilateral promise. A person who, without legal cause, obtains inappropriate profits and causes another person damages shall return the unjust profits to the injured person. A person who voluntarily makes performance because of the moral or social obligation shall not claim for the return thereof. A person who, without the legal or agreed obligation, manages or serves another's property or another person in order to prevent the other person's benefit from being injured can claim for the necessary cost. If an advertisement announces that a certain reward will be given to a person who performs or completely completes certain conduct, the advertiser shall be responsible for paying the reward to the person who performs or completely completes the conduct.

Keywords:negotiorum gestio; social obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.65 Categories of Obligations en

This chapter on categories of obligations contains several articles concerning indefinite and specific obligation, currency obligation and interest obligation, alternative obligations, several obligation, indivisible obligation, joint and several obligation. An indefinite obligation refers to when the subject matter of performance is only decided by variety, and not by the specific quality. If the type of currency for paying a currency obligation is not indicated by the parties, the obligor can pay off using any common currency unless otherwise provided by law. If the subject matter of obligations can be chosen from many performance possibilities, the right to choose shall belong to the obligor unless otherwise provided by law or agreed by the parties. If the obligors or the obligees are more than two persons and their rights and obligations can be confirmed, they shall share the rights or obligations based on the confirmed shares.

Keywords:currency obligation; indivisible obligation; interest obligation; specific obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.70 Performance of Obligation en

This chapter on performance of obligation contains several articles concerning the performance, non-performance and delayed acceptance. The obligee shall, according to the content of the obligation, completely perform the obligation, follow the principle of good faith, and perform the duties of notice, assistance, care and confidence. If the obligor does not perform or cannot perform, or his performance causes damage to the obligee's body or other interests, he shall be responsible for the civil liability according to the agreement or the law. If the obligor's performance does not comply with the content of the obligation and the obligee refuses to accept, it shall not constitute delayed acceptance.

Keywords:civil liability; performance of obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.77 Preservation of Obligations en

This chapter on preservation of obligations contains several articles concerning the obligee's right of subrogation and obligee's right of revocation. If the obligee's obligatory right cannot been achieved because the obligor performs the monetary obligation to a third party, the obligee can perform the obligor's right in his own name. But it shall not apply if the obligation specifically belongs to the obligor. If the obligee performs the right of subrogation, he shall file a lawsuit. When the obligor disposes of his property without compensation, even if the other party does not know it disadvantaged the obligee's interests, obligee may exercise the right of revocation.

Keywords:right of revocation; right of subrogation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.81 Modification and Transfer of Obligation en

This chapter on modification and transfer of obligation contains several articles concerning the modification of obligation, assignment of obligatory right, assumption of debt and general transfer of obligatory right and debt. The content of the obligation can be changed based on the law, a court's judgment or the mutual consent of the parties. The obligee can assign his entire or partial obligatory right to a third party. When assigning a partial obligatory right, the obligor can perform the entire obligation to the assignor or assignee unless the obligor is clearly given notice of the assigned portions and is instructed to perform the assigned portions for the assignee. The obligor can agree with the third party and transfer his entire or partial debt to the third party.

Keywords:modification of obligation; partial obligatory right; transfer of obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.84 Extinguishment of Obligations en

This chapter contains several articles concerning the extinguishment of obligations. It is divided into six sections. The first section concerns general provisions, and contains articles such those on the cause of extinguishment, and extinguishment of an accessory right. The second section is about liquidation, and includes articles on the effect of liquidation, liquidation offset, legal offset. The third section deals with deposit, and contains articles such as those on the requisites of deposit, appropriation of deposit, and deposit pretium. The final three sections of the chapter relate to offset, exemptions and merger.

Keywords:deposit; exemptions; liquidation offset; merger; obligatory right

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.89 General Provisions en

This chapter contains four articles on general provisions of contract. The presented articles are: definition of contract, principle of freedom of contract, principle of fairness, binding effect of contracts. A contract is an agreement between natural persons, juristic persons or unincorporated associations that establishes, alters or dissolves a financial relationship of civil rights and obligations. The parties are free to make a contract and to lawfully determine its content and form. The parties shall abide by the principle of fairness in prescribing their respective rights and obligations. A lawfully established contract is legally binding on the parties; neither party may arbitrarily amend or terminate the contract without negotiation between the parties or lawful reasons. A lawfully established contract is binding on a third party only when it is specially regulated by law.

Keywords:binding effect of contracts; freedom of contract

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.96 Establishment of Contracts en

This chapter contains 32 articles on establishment of contracts. Some of the presented articles are: requisites and methods for the establishment of contracts, consequence of violating the requisite of the form of contracts, meaning of an offer, withdrawal of offer, form of acceptance, acceptance that substantially modifies the content of the offer and standard-form clause and non-standard-form clause. The contract is established when consent is manifested by both parties. Contracts may be concluded in written, oral or other forms, unless where the laws, administrative regulations or the parties require a contract to be concluded in a certain form.

Keywords:real contracts; standard-form clause

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.97 Effect of Contracts en

This chapter contains four articles on effects of contract. The presented articles are: the time when the contract becomes effective, contract invalidity, invalidity of immunities clause and consequences of contract invalidity. A contract becomes effective when it is established, unless otherwise provided by law or agreed by the parties. The contract is invalid under the following circumstances: a) when either party violates the compulsory provisions of the laws and administrative regulations; or b) when either party violates public order and good morals. The right to request the return of property mentioned in the preceding paragraph shall extinguish if it is not exercised within two years from the date of the performance of contract.

Keywords:contract invalidity; effect of contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.98 Termination and Dissolution of Contract en

This chapter contains 16 articles on termination and dissolution of contract. The articles concern the termination by agreement, statutory rights of termination due to impossibility of performance, due to delayed performance of non-periodic action, due to delayed performance of periodic action, and due to incomplete performance. The chapter also talks about the articles, which relate to the circumstances where termination is not allowed and the exercise of the right of termination.

Keywords:dissolution of contract; statutory rights; termination of contract

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.99 Performance of Contracts en

This chapter contains nine articles on the performance of contracts. The presented articles are: complete performance, collateral duties, change of circumstances, performance of contracts with unclear clauses, contracts for the benefits of a third party, obligor's defense against a third party, contracts performed by a third party, defense rights of simultaneous performance, right to demand first performance and precariousness defense right. The parties shall perform the contract completely in conformity with the content of contract after the contract becomes effective. The parties shall abide by the principle of good faith and perform the duties of notice, assistance, care and confidentiality, etc. in conformity with the character and purpose of the contract or trade usage.

Keywords:defense right; performance of contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.100 Liability for Breach of Contract en

This chapter contains 25 articles on liability for breach of contract. Some of the articles presented are: anticipatory breach, liable for a third party, remedies of breaching party, demand performance for flawed performance, changes of remedies and delayed compensation for monetary debt. A party that fails to perform the obligation shall be liable for continuing to perform its obligations, to take remedial measures or to compensate the other party for the loss. A party that breaches the contract because of a third party shall be liable to the other party for the breach of contract. If one party fails to pay the price or remuneration, he may not use impossibility of performance as a defense. The payment amount of damages from the breaching party shall not exceed the losses of a contract breach that were foreseen or should have been foreseen when the contract was signed.

Keywords:anticipatory breach; breaching party

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.101 Sales Contracts en

This chapter on sales contracts contains several articles concerning the general provisions and special sales. A sales contract is established when the parties agree on the object and the price. The ownership of an object shall be transferred upon the delivery of the object, unless otherwise provided by the law or agreed by the parties. When an object such as computer software with intellectual property rights is sold, the intellectual property rights of such object shall not belong to the buyer unless otherwise provided by the law or agreed by the parties. In the case that the buyer bears the risk of damage or loss of the object, the buyer's right to demand liquidated damages from the seller may not be affected by the seller's failure to perform his obligation as agreed.

Keywords:intellectual property rights; sales contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.102 Electricity, Water, Gas and Heat Supply Contracts en

This chapter contains articles concerning electricity, water, gas and heat supply contracts. It is divided into two sections; section one contains Article 970 to Article 978, and includes definition, contents and establishment of electricity supply contracts. Section two contains Article 979, which is on the application of electricity supply contracts.

Keywords:electricity supply contracts; gas supply contracts; heat supply contracts; water supply contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.105 Contracts of Donation en

This chapter contains twelve articles on the contracts of donation. The presented articles are: definition of contracts of donation, revocation of donation and its exception, formalities of registration, donee's right to request compulsory delivery, donator's obligation for damages, donator's obligation to guarantee for defects, donation with collateral obligations, restrictions on the donee's obligations in the donation subject to collateral obligation, donator's liability under the warranty against defects in the donation subject to collateral obligations, revocation of donation according to law (a), revocation of donation according to law (b), the effect of donation revocation and donator's defense right of poverty. A contract of donation refers to a contract whereby the donator presents gratis its property to the donee, and the donee expresses its intention to accept the donation.

Keywords:contracts of donation; donator's obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.108 Contracts of Lease en

This chapter contains 22 articles on contracts of lease some of the articles are definition of contracts of lease, content of contracts of lease, limitation to the period for contracts of lease, formal requirement of contracts for lease, lessor's duty to deliver the leased property and keep it, lessee's special legal right to terminate, Lessee's obligation to pay rent, lessee's obligation to use the leased property in conformity with the agreed method and implied renewal of the contract of lease. The term of a lease may not exceed 20 years; if the term exceeds 20 years, the excess part shall be invalid. The lessor shall deliver the leased property to the lessee as agreed, and keep it fit for use in conformity with the terms of the contract during the term of the lease.

Keywords:contracts of lease; lessor's duty

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.109 Financial Leasing Contracts en

This chapter contains twenty six articles on financial leasing contracts. Some of the presented articles are: definition of financial leasing contracts, restrictions to the subject of the lessor, main clauses of the financial leasing contract, object of financial leasing contract, termination of the sales contracts and the financial leasing contracts, ownership of the leased property and the effect of its defense and lessee's duty of keeping, maintenance and repair. A financial leasing contract refers to a contract whereby the lessor buys the leased property from the seller according to the lessee's request, the seller supplies it to the lessee for his use and the lessee pays rent. The lessor shall be authorized by a competent financial leasing authority of the State, which shall be a financial leasing company that has the competence to run a finance lease business.

Keywords:financial leasing contracts; leased property; sales contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.110 Deposit Contract en

This chapter on deposit contract contains several articles concerning the general provisions, personal deposit contract and unit deposit contract. Natural persons, juristic persons and unincorporated associations with the capacity to possess civil rights and perform civil acts may be the depositor according to the provisions of law. A deposit contract shall adopt the forms provided by law, by which after the depositor delivers the currency to the financial institution, the financial institution shall deliver a written deposit voucher to the depositor. Personal deposit contract refers to a deposit contract in which the depositor is a natural person. When a juristic person or an incorporated association becomes a depositor, it shall follow the State's management regulations regarding bank accounts and cash.

Keywords:civil acts; deposit contract

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.111 Loan Contracts en

This chapter on loan contracts contains several articles concerning general provisions, loan contracts in which a financial institution acts as the lender and contracts of loan in which a natural person acts as a lender. A loan contract shall generally contain clauses such as the category of loan, the kind of currency, the purpose of use, the amount, the interest rate and its calculation, the release of fund under the loan, the term, the repayment of the loan, the payment of interest, and the liabilities for breach of contract. Commercial banks, credit unions, policy banks, and other financial institutions and their subsidiaries, if they have approval from the State financial supervision authority, a permit for conducting loan business, and a business license, may establish the loan contract as the lender.

Keywords:lender; loan contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.115 Contracts of Loan for Use en

This chapter presents 8 articles on contracts of loan for use. The presented articles are: definition of contract of loan for use, real nature of the contract of loan for use, lender's obligation of warranty against defects, use method of the thing loaned, borrower's duty to preserve, transfer of the thing loaned by the borrower, lender's duty to return and particular causes for terminating the contract of loan for use. A contract of loan for use shall be established when the thing loaned is handed over to the borrower, unless otherwise agreed by the parties or provided by trade usage. The borrower shall use the thing loaned in the method as agreed. The borrower shall not be responsible for any deterioration of the thing loaned if he uses the thing loaned in the method as agreed or in accordance with its ordinary use.

Keywords:contracts of loan; lender's obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.119 Employment Contracts en

This chapter contains thirteen articles on employment contracts. The presented articles are: definition of employment contract, probationary period, employee's warranty of skills, employee's duty of fidelity, employer's duty to pay remuneration, exclusivity of employment contract, protection of employee's safety, respect of employee's human dignity and religious faith, employee's personal injury, prohibition of the employee's performance deposit and guarantee for others, notice of termination of contract, contract termination fee, duty of confidentiality after termination of contract and application of laws. An employment contract refers to a contract by which the employee undertakes to do work for the employer and the employer undertakes to pay remuneration therefore. The employment contract shall not require that the employee pay a performance deposit, nor shall it require that the employee provide a guarantee for the debt owed by a third person to the employer.

Keywords:employer; employment contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.120 Manufacturing Contracts en

This chapter contains 19 articles on manufacturing contracts. Some of the presented articles are: definition of manufacturing contract, manufacturer's duty of performance, materials furnished by manufacturers, customer's liability to pay damages for changing requirements midway, customer's right of supervision and examination and contractor's right of retention. The manufacturer shall produce the main work by using his own facilities, techniques and labour force, unless otherwise provided by the law. Where the manufacturer employs a third party to produce the main work, he shall be responsible for the work accomplished by the third party; in absence of the consent of the customer, the customer may terminate the contract. In the course of manufacturing work, the manufacturer shall accept necessary supervision and examination from the customer.

Keywords:contractor's right; customer's liability; manufacturing contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.121 Contracts for Construction Projects en

This chapter on the contracts for construction projects contains eighteen articles. Some of the presented articles are: definition of construction project contract, contracting, contract offering and subcontracting, content of contract for construction, superintendence for construction project, constructor's quality liability and contractor's statutory hypothec. Construction project contracts include contracts for project survey, contracts for project design and contracts for project construction. If the inconformity of the construction quality with the terms of the contract is attributable to the constructor, the contract offering party shall have the right to request that the constructor repair, reconstruct or rebuild within a reasonable time-limit and free of charge. If such repair, reconstruction or rebuilding leads to delayed delivery of the project, the constructor shall assume the liability for breach of contract.

Keywords:construction projects; constructor's quality liability

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.122 Contracts for Build-Operate Projects en

This chapter contains several articles concerning the contracts for build-operate projects. These include the definition of contract for build-operate project and the compliance requirements of a project constructor-operator. An investment project is designated by the project authorizer. After the project constructor-operator is designated, the project constructor-operator shall be authorized to construct and operate the investment project over a fixed term. When the term expires, the ownership of project shall be transferred to the project authorizer. The contract for build-operate project shall be in writing. It shall take effect upon approval by the competent government department. After the completion of the project, the project constructor-operator may operate and maintain the finished facility according to the contract, and he shall also have the right to collect user fees or service fees or sell products to recover his investment and earn a reasonable rate of return thereon.

Keywords:build-operate projects; investment project; project authorizer; project constructor-operator

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.123 Contracts of Carriage en

This chapter contains articles concerning contracts of carriage. It is divided into four sections; section one contains Article 1187 to Article 1191 on general provisions, and includes definition, mandatory contracting. Section two contains Article 1192 to Article 1202 on contracts of passenger carriage. Section three contains Article 1203 to Article 1215 on contracts for carriage of goods. The last section contains Article 1216 to 1220 on contracts for multimodal carriage.

Keywords:carriage of goods; contracts for multimodal carriage; contracts of passenger carriage

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.124 Contracts of Mandate en

This chapter contains 18 articles on contracts of mandate. Some of the presented articles are: definition of contract of mandate, scope of mandate, mandatary's obedience of instructions and modified instructions, principle of fulfilling the mandate in person and sub-mandate and duty of mandatary to hand over. The scope of the entrusted matter shall be agreed by the mandator and the mandatary in the contract. The mandatary shall take care of the entrusted matter within his authority of agency. If the sub-mandate is consented to by the mandator, the mandator may directly give instructions to the sub-mandated third party, and the mandatary shall be liable only for the selection of the third party and his own instructions given to the third party. The mandatary may entrust two or more mandataries to take care of the entrusted matter.

Keywords:contracts of mandate; mandator; sub-mandated third party

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.129 Contracts of Brokerage en

This chapter contains 15 articles on contracts of brokerage. Some of the presented articles are: effects of contract of brokerage, burden of expense, duty of preservation, determination of transaction price, broker closing transaction with himself payment of remuneration. When the broker engages in brokerage activities, he may express his independent intent for the benefit of the mandator. If the entrusted things have defects or are perishable or may deteriorate when they are delivered to the broker, the broker may, with the consent of the mandator, dispose of these things; where the broker cannot make prompt contact with the mandator, he may dispose of these things in a reasonable manner. The amount or the standard of the remuneration paid to the broker shall be agreed upon by the mandator and the broker.

Keywords:broker; contracts of brokerage

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.130 Intermediation Contracts en

This chapter contains 6 articles on intermediation contracts. The presented articles are: definition of intermediation contracts, effects of intermediation contracts, duty to inform truthfully, payment of remuneration, burden of remuneration and burden of expenses of intermediation. The intermediary shall truthfully inform the mandator of the matters related to the establishment of the contract. If the intermediary did not facilitate the establishment of the contract, he may not request payment of remuneration. Where the establishment of a contract is facilitated by the intermediation services provided by the intermediary, the burden of paying remuneration shall be equally shared by the contractual parties.

Keywords:intermediation contracts; intermediation services

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.131 Technology Contracts en

This chapter on technology contracts contains several articles concerning general provisions, technology development contracts, technology transfer contracts and technical service contracts. A technology contract refers to a contract concluded by the parties for the purpose of establishing their rights and obligations concerning the development, transfer or service of technology. Technology development contracts shall include commissioned development contracts and cooperative development contracts. Technology transfer contracts shall include contracts for transfer of patent rights, the transfer of the right to apply for patents, the transfer of technical know-how and the licensing of patent exploitation. A technical service contract refers to a contract by which the contractor undertakes to use his technical expertise to solve specific technical problems for the client and the client pays remuneration therefore.

Keywords:technical service contracts; technology development contracts; technology transfer contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.132 Storage Contracts en

This chapter contains 15 articles on storage contracts. Some of the articles are: onerous storage and gratuitous storage, real nature of storage contracts, bailee's duty of care, use of stored things, demand for return of stored things and owner's obligation to pay safekeeping fee and remuneration. A storage contract shall be established at the time when the stored thing is handed over to the bailee, unless otherwise agreed by the parties or provided by trade usage. The bailee shall not himself use or authorize a third person to use the stored thing, unless otherwise agreed by the parties or provided by trade usage. Where a third person brings a lawsuit against the bailee for the stored thing or applies for seizure of the stored thing, the bailee shall promptly notify the owner.

Keywords:bailee's duty; storage contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.137 Warehouse Service Contracts en

This chapter contains 12 articles on warehouse service contracts. The presented articles are: definition of warehouse service contract, warehouseman's obligation to inspect and accept, warehouseman's obligation to issue warehouse voucher, effect of warehouse voucher, items contained in warehouse voucher, warehouseman's obligation of toleration, warehouseman's obligation to notify, warehouseman's right to dispose in case of an emergency, owner's obligation to declare, obligation of owner or holder of the warehouse voucher to claim the warehoused goods, warehouseman's obligation to pay damages and application of other provisions. The warehouseman shall inspect the goods to be warehoused according to the contract before accepting them. If the warehouseman finds in the inspection that the goods do not conform to the description contained in the contract, he shall notify the owner of the case promptly. A warehouse voucher is the proof for claiming the warehoused goods.

Keywords:warehouse service contracts; warehouse voucher; warehouseman's obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.138 Property Management Contracts en

This chapter on property management contracts contains fourteen articles. The presented articles are: definition of property management contracts, scope of property management matter, property manager's duty of proper management, property manager's duty of care, property manager's obligation to report, payment of remuneration of property management, burden of property management fee, property manager's liability to pay compensation to mandator, property manager's liability to pay damages to a third party, mandator's right to terminate contract, property manager's right to terminate contract, property manager's obligation to hand over, property manager's obligation to continue to manage the property and application of other provisions. Property management refers to the management activities conducted to preserve or increase the use value of a real estate property and its ancillary facilities and maintain their safety and order for use.

Keywords:property management contracts; property manager

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.139 Teaching and Training Contracts en

This chapter on teaching and training contracts contains seventeen articles. Some of the presented articles are: definition of teaching and training contracts, limitation to the instructor's refusing to accept the offer, condition of teaching and training, quality of teaching and training, sufficiency of teaching and training, teaching and training proposal, assessment of the academic and ethical performance and regulation and implementation. A teaching and training contract refers to the contract whereby the parties agree that the instructors shall teach the student knowledge and skills. The instructor shall establish a teaching and training proposal that conforms to national standards or the purpose of the contract, and shall sufficiently and properly implement the teaching and training proposal. In order to maintain the teaching and training order and administrative order, the instructor may establish all types of rules and norms.

Keywords:instructor; teaching and training contract

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.140 Medical Service Contracts en

This chapter contains 23 articles on medical service contracts. Some of the articles are: establishment of medical service contracts, limitation to the medical institution's refusal to accept the offer, obligation of reasonable arrangements, medical expense, patient's information right, medical institution's obligation of reasonable explanation, limitation to clinical experiment and exemption and limitation of liability. A medical institution shall be an institution of performing medical treatment, epidemic prevention, healthcare or of independent practice doctors with medical licenses. A medical institution shall perform emergency treatment on seriously ill or injured patients. A medical institution shall exercise a high degree of duty of care and the duty of loyalty to maintain the rights and interests of a patient. A medical institution shall utilize the anamnesis for reasonable purposes.

Keywords:medical institution; medical service contracts; patient's information

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.141 Dining Contracts en

This chapter contains 9 articles on dining contracts. The presented articles are: definition of dining contract, limitation to the dining service operator's refusing to accept the offer, dining service fee, quality of dining service, replacement of dining product and dining ware, Personal safety of customer, property safety of customer, payment of dining fee and application of law. The dining service operator shall provide dining service that is equivalent to its price and advertisement. The quality, quantity and hygiene of the dining products shall conform to national standards. If there is no national standard, it shall conform to industry standards. If there is no national or industry standard, it shall conform to local general standards. The dining fee shall be paid after the dining service, unless it is otherwise agreed upon or there is a custom.

Keywords:dining contracts; dining service operator's

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.142 Lodging Contracts en

This chapter contains articles concerning lodging contracts. It contains Article 1380 to Article 1394, and includes definition, establishment, prohibition of refusing the offer, lodging fee, and deposit for lodging. It also contains Articles on lodging term, lodging condition, personal safety of customer, privacy of customer, property right of customer, effect of exemption clause, liability of damaging an object in the inn, innkeeper's right of termination and application of law.

Keywords:application of law; lodging contracts; personal safety of customer

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.143 Travel Service Contracts en

This chapter on travel service contracts contains several articles concerning the definition of travel service contracts, establishment of travel service contract, travel agency's obligation and warranty of defect, travel agency's collateral duty, traveler's duty of payment, traveler's collateral duty, organization of travel group, transfer of the contract, change of travel service contract, termination before the commencement of travel service, termination after the commencement of travel service, personal and property safety of traveler, damage resulting from obligator, mental damage and application of law. The travel service shall include providing traveling service, tour guide service, sightseeing service and incidental dining, lodging and shopping services.

Keywords:travel agency; travel service contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.144 Performance Contracts en

This chapter contains thirteen articles on performance contracts. The presented articles are: definition of performance contracts, performer's obligation to perform according to the contract, mandator's obligation of forbearance, performer's obligation of assistance, reward for performance, right to identity demonstration, right to protect the image from distortion, mandator's obligation to provide proper and safe performance location and responsibility for the third party's act by the mandatory. A performance contract refers to a contract whereby the performer performs in an artistic or a physical education program and receives reward from mandator. The mandator shall not conduct recording, videotaping or live broadcasting without authorization from the performer. Nor shall they permit others to conduct the same. The performer shall have the right to protect his image from distortion.

Keywords:performance contracts; performer's obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.145 Publication Contracts en

This chapter on publication contracts contains six articles. The presented articles are: definition of publication contract, writer and other copyright owner's obligation, publisher's obligation, publisher's right of termination, republishing and electronic publication contract. A publication contract refers to a contract whereby a writer or other copyright owner delivers the works to a publisher to print and publish the said works. The writer or other copyright owner shall authorize the publishing right to the publisher during the valid term specified in the contract. The writer or the other copyright owner shall ensure to the publisher that the works will not infringe upon the legal rights of the third party. During the contract terms, if the works needs to be republished, the publisher shall obtain consent from the writer or other copyright owner. The writer or other copyright owner shall not refuse without legitimate reasons.

Keywords:publication contracts; publisher's obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.146 Partnership Contracts en

This chapter on partnership contracts contains several articles concerning sleeping partnership. Some of the articles are management of partnership affairs, partner's oblige, joining an existing partnership, liquidation under withdrawal. A partnership contract refers to a contract whereby two or more persons agree to make contributions in common for operation of a collective business, and collectively share the benefits and bear the risks. A contract of sleeping partnership refers to a contract whereby one of the parties agrees to furnish a contribution to an enterprise managed by the other party and the party who furnishes the contribution shares in the profit resulting from the management and is responsible for losses within the limit of his contribution.

Keywords:partnership contracts; sleeping partnership

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.147 Guarantee Contracts en

This chapter on guarantee contracts contains several articles concerning general provisions, general guarantee contract, joint liability for guarantee contracts, continuous guarantee contract. Some of the articles are eligibility of the guarantor, ineligible guarantor, provisions of guarantee contracts, relation between the main contract and the guarantee contract, general guarantor's right to refuse, validity of the guarantee period in joint liability guarantee, presumption of guarantee period when the parties do not agree upon one or it is unclear, coverage of continuous guarantee. A guarantee contract refers to a contract whereby the guarantor and the obligee agree that the guarantor is liable for the obligation when the obligor fails to perform. The guarantor and the obligee may enter into a guarantee contract for the liabilities that will continuously accrue for a fixed period of time in the future.

Keywords:guarantee contracts; joint liability guarantee

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.149 Independent Guarantee Contracts en

This chapter contains twenty seven articles on independent guarantee contracts. Some of the articles are and the validity of independent guarantee contract, terms of an independent guarantee contract, non-transferability of the payment claim, validity duration of independent guarantee contract, exemptions for the guarantor, exceptions to independency. An independent guarantee contract refers to a contract whereby the guarantee and the obligee (beneficiary) agree that the guarantee contract shall be performed unaffected by the validity of the fundamental contract. The term of the independent guarantee contract shall commence from the effective date and end on the expiration date or the date of the occurrence of the annulment event. If the annulment event is not caused by the guarantor, the expiration date is the date when the written notice regarding the occurrence of the event arrives at the guarantor from the person who conducts the event or from the obligee.

Keywords:independent guarantee contracts; validity duration

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.154 General Provisions en

This chapter on general provisions contains several articles concerning the definition of torts, causes of liability, and capacity for liability, damages, causation and joint torts, and, other Provisions. Some of the articles are capacity for tort liability, proof of damages, general provisions of causation, joint tort and joint dangerous act, justifiable self-defense, concurrent liabilities, relationship among civil liability, criminal liability and administrative legal liability. A person who is injured physically or whose property is injured shall have the right to claim compensation from another person who is the tortfeasor or who is responsible for the damages or has others duties. The causation between the conduct of the tortfeasor and the damages of the injured person is a condition based on which the tortfeasor shall be responsible for the civil liability.

Keywords:provisions; self-defense; tort liability

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.155 One's Own Tortious Act en

This chapter contains several articles concerning tortious act. It is divided into three sections. The first section relates to torts against rights to dignity, and contains articles such as those on infringement of the right to life, and infringement of the body right and the right of health. The second section concerns the infringement of property rights and property interest or mental health interest. This section includes articles on the infringement of property rights, infringement of the contract by a third party, and infringement of mental health interest. The third section relates to the liability of expert, and concerns articles including those on the expert and practice activities of the expert, liability of the expert, and expert's duty of care.

Keywords:body right; infringement; mental health interest; tortious act

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.161 Liability for the Torts of Others en

This chapter on liability for the torts of others contains several articles concerning liability of guardian and liability of the juristic person and other social organizations, vicarious liability, state compensation liability. Some of the articles include liability of guardian organization, such as a psychiatric hospital, child-care center, nursery school, school, etc., liability of the custodian, vicarious liability, liability for compensation of government organs and their employees, and non-performance of a task. The property of the person under guardianship which is used to pay the compensation shall not seriously harm the life and education of the person under guardianship. A person who employs another person to perform a task shall be responsible for the civil liability for the damages when carrying out the task.

Keywords:guardian; juristic person; liability; torts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.165 Quasi Tort: Liability without Fault en

This chapter on quasi tort: liability without fault contains several articles concerning damages caused bythings, damage caused by environmental pollution and dangerous Work, etc., damage caused by vehicles and other high-speed transport, and product liability. Some of the articles include damage caused by buildings; damage caused by environmental pollution, liability when a vehicle injures a pedestrian, liability of seller, and joint and several liabilities. If buildings or any other structures and the things placed or hung on them collapse, detach or break off and cause damages to another person, the possessor shall be responsible for the civil liability. If environmental pollution causes damages to others, the person who discharges the pollution shall be responsible for the civil liability. The vehicle keeper shall be responsible for the liability for the damages to the pedestrian which are caused by the vehicle in operation.

Keywords:liability; quasi tort

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.168 Civil Liability in Tort en

This chapter on civil liability in tort without fault contains several articles concerning general provisions, payment of damages, application of other methods of accounting for civil liability. Some of the articles include methods of remedying the civil liability in tort, method of the compensation: payment on terms, returning the property and recovering to the original status, and making apology, eliminating influence and rehabilitating Reputation. The method of payment on terms can be applied to compensate the injured person's medical costs, nursing costs, recovery cost and living expenses in the future. The content of an apology, elimination of the influence and rehabilitation of the reputation shall be decided by the court.

Keywords:civil liability; tort

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.177 Kinship en

This chapter on kinship contains several articles concerning the definition of kinship, types of kinship, spouse, kinship by blood, degree of kinship by blood, relatives by marriage, close relatives, and effect of kinship. Kinship refers to the personal relationship among natural persons as a consequence of the marriage, consanguinity and legal fiction. Kinship shall consist of the spousal relationship, kinship by blood and the relative by marriage. The kinship by blood refers to a kind of relationship that arises from the natural consanguinity or the maintenance relationship created through a legal fiction. The degree of kinship is the measurement of the degree of closeness among relatives by blood. The relative by marriage refers to the form of relative relationship that is based on the marriage of the relative by blood.

Keywords:kinship; spousal relationship

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.178 Marriage en

This chapter on marriage contains several articles concerning the essential requisites of marriage, formal requisites for marriage and invalidity and rescission of marriage. Marriage shall not be permitted until the moment when the natural persons reach the marriageable age and have the full capacity to understand their actions. A marriage shall be based on the complete willingness of both man and woman. No party may coerce the other party to enter the marriage, and no third party may interfere with the marriage. The man and woman who apply for marriage shall go to the marriage registration authority in person to be registered. The obtaining of a certificate of marriage means the establishment of the relationship of husband and wife. An invalid marriage shall be invalid ab initio, and the parties concerned shall not have the rights and obligations of the husband and wife ab initio.

Keywords:invalidity of marriage; marriage; rescission of marriage

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.179 Relationship between Spouses en

This chapter on the relationship between spouses contains several articles concerning rights and obligations of spouses and matrimonial property regimes. The husband and wife shall be equal in the matrimonial and familial relationship. Where the spouses have not contracted an agreement of matrimonial property and the special matrimonial property regime is not applicable, the general matrimonial property regime shall be applied. The general matrimonial property regime shall be regarded as the Common Property Regime during the existence of marriage. The spouses may come to an agreement as to whether the property acquired during the existence of the marriage or prior to the marriage is to be owned by each party, jointly owned or partially owned by each party or partially owned by both parties. When statutory grounds emerge, according to law or the court's declaration, the common matrimonial property regime shall apply in lieu of the separation of property regime.

Keywords:matrimonial property regimes; obligations of spouses

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.183 Divorce en

This chapter on divorce several articles concerning the divorce by registration, divorce by adjudication, guardianship, maintenance and education of the children after divorce and remedies and division of common property after divorce. Divorce by registration refers to effectuation of divorce of spouses based on a legal marital relationship who have come to an agreement to divorce and then register for divorce at the marriage registration authority provided that all the statutory requirements are satisfied. The marital relationship shall terminate from the day when the marriage registration authority issues the certificate of divorce to the parties concerned.

Keywords:divorce; spouses

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.186 Parents and Children en

This chapter on parents and children contains several articles concerning parents and their natural children, adopted child and his adoptive parents; step child and his step parents, rights and duties of the child in the family and parental custody rights. A child conceived or born by a wife during marriage shall be presumed to be a child of her husband; where the same circumstance takes place during cohabitation, the male cohabitant shall be presumed to be the father of the child so born. The person who adopts other person as his child according to the legitimate adoptive relationship shall be defined as the adoptive parent. Parental custody rights refers to the generic term of all rights and duties of maintenance, care and protection of the minor child on the part of parents. Parental custody shall consist of the personal parental custody rights and the property parental custody rights.

Keywords:children; parental custody rights

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.191 Adoption en

This chapter on adoption contains several articles concerning adoption and the principles of adoption, formation of the adoptive relationship, effect of adoption and cancellation of adoptive relationship. Adoption refers to the kind of legal transaction in which the natural person adopts another child as his own according to law. As of the date of establishment of the adoptive relationship, the legal provisions governing the relationship between parents and children shall apply to the rights and duties in the relationship between adoptive parents and adopted children. The adopter and the adopted adult may agree to cancel the adoptive relationship.

Keywords:adopted children; adoptive relationship; legal transaction

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.196 Maintenance en

This chapter on maintenance contains several articles concerning the maintenance and maintenance relationship, extent and form of maintenance, modification and termination of the maintenance relationship. An obligee is the person who receives maintenance according to law; an obligor is the person who performs the corresponding maintenance obligation. Parents have the obligation to maintain their child. Where parents fail to perform the said obligation, the minor child or the child who cannot live independently may claim for the maintenance payment. The maintenance order may be modified by mutual agreement between the persons bound to maintenance. The parties involved may modify the manner of maintenance by mutual agreement provided that the modification is in favor of the person entitled to maintenance.

Keywords:maintenance relationship; obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.201 Guardianship and Curatorship en

This chapter on guardianship and curatorship contains several articles concerning the guardianship over minors and custodianship of adult. The ward shall be represented by the guardian to make juristic acts except when the said act relates to the pure acquisition of a legal advantage, or to the necessities of daily life according to the ward's age and status. The guardian shall be prohibited from violating the ward's interest in the name of conducting guardianship. Custodianship is a legal institution which offers protection over the body and property of a person of full age who cannot take care of his affairs by reason of physical, mental or psychological handicap. The custodian shall manage the property of a ward with a duty of care and represent him in conducting the affairs in relation to the property.

Keywords:curatorship; guardianship; juristic acts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.205 General Provisions en

This chapter on general provisions contains several articles concerning the definition of inheritance, time of commencement of inheritance, presumption of order of death when there is more than one person in the same accident, place of commencement of inheritance, priority order between intestate inheritance, testamentary inheritance, legacy and legacy-support agreement, capacity to inherit, unborn child's capacity to inherit, causes of disqualification of heir, scope of the estate, offset of gift and right to claim for the recovery of inheritance.

Keywords:legacy-support agreement; testamentary inheritance

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.208 Intestate Inheritance en

This chapter contains articles concerning intestate inheritance. It contains Article 1869 to Article 1882, and includes definition, scope of intestate inheritance, order of the intestate heirs, definition of spouse and child's right to inheritance. It also contains Articles on right to inheritance of parents, right to inheritance of brothers and sisters, subrogation inheritance, transmission of inheritance, priority order of inheritance, effect of joint inheritance, share of inheritance, inequality of shares of inheritance and persons other than the heir who receive an appropriate share.

Keywords:child's right; intestate inheritance

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.209 Testamentary Disposition en

This chapter on testamentary disposition contains several articles concerning the general provisions, formalities of a will, content of will, revocation and alteration of will, effect of will and the execution of will. A testator must reserve a certain portion provided by law for the heir of the compulsory portion when making a will, and shall not set a burden over the compulsory portion. The testamentary disposition made by a testator in violation of law shall be invalid. The statement to waive the compulsory portion to the heir concerned shall be invalid if it is done before the death of the decedent. A testamentary trust made by a testator shall conform to the related provisions of the Trust Law.

Keywords:general provisions; testamentary disposition

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.210 Legacy-Support Agreement en

This chapter on legacy-support agreement contains several articles concerning the definition of legacy-support agreement, form of legacy-support agreement and effect of legacy-support agreement. A natural person may enter into a legacy support agreement with a person or an organization under collective ownership which, in accordance with the agreement, assumes the duty to support the natural person in his lifetime and attends to his interment after death, in return for the right to the legacy. The provisions of the Contract Law apply mutatis mutandis to the legacy-support agreement if not provided by this Law. The legacy-support agreement takes effect from the moment of its conclusion and is protected by law.

Keywords:Contract Law; legacy-support agreement

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.217 Disposition of Estate en

This chapter contains twenty seven articles on the disposition of estate. If there are two or more heirs, the estate shall belong to all heirs in co-ownership. Without the consent of all heirs, any single heir shall be prohibited from making use of, benefitting from or disposing of the estate to the prejudice of its value. An heir who disclaims inheritance shall make his decision known by a written declaration within two months after becoming aware of the commencement of inheritance. In the absence of such a declaration, he is deemed to have accepted the inheritance. The partition of an estate takes effect retroactively at the moment of commencement of inheritance, but this shall not prejudice the interests of the third person.

Keywords:commencement of inheritance; disposition of estate

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_002 Politics and Resentment: Examining Antisemitism and Counter-Cosmopolitanism in the European Union and Beyond en

In the course of history, antisemitism has been an integral part of European modernity. It certainly marked the short twentieth century, an age of extremes. While the revival of extreme right parties has received broad attention by political science research, turning the radical right into arguably the best studied European party family, the diagnosed recent rise of antisemitism within and beyond the confines of extreme right mobilizations has so far hardly come under scholarly scrutiny. According to the European Monitoring Centre on Racism and Xenophobia (EUMC), antisemitism is a certain perception of Jews, which may be expressed as hatred towards Jews. This chapter suggests that there is a set of four specific conditions that are favorable for—and indeed predict—the overall rise, public display, and political mobilization of counter-cosmopolitanism and modernized antisemitism in contemporary Europe.

Keywords:Antisemitism; Counter-Cosmopolitanism; EUMC; European; Jews; twentieth century

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_003 Is There a "New European Antisemitism?"Public Opinion and ComparativeEmpirical Research in Europe en

This chapter analyzes the data of recent national studies to better ascertain where and how the antisemitism developments have led to a change in the formulation of items or in the design of questionnaires. An antisemitic atmosphere can develop from a whole range of factors: from a wave of anti-Jewish attacks; from events or problematic situations that receive broad media coverage and lead to an agenda- setting-effect in the public; or as a consequence of a noticeable and drastic shift in attitude among the population. The basic methodological task requires isolating within the rejection of Israel a separate motive for hostility to Jews. Studies have confirmed that a high correlation exists between antisemitic attitudes and a negative view of Israeli policies, but it has not been possible to read from this a clear statement about the direction of the influence.

Keywords:antisemitism; Europe; Israel; Jews

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_004 Against Globalism: Counter-Cosmopolitan Discontent and Antisemitism in Mobilizations of European Extreme Right Parties en

In order to explain the success of contemporary European extreme right parties and their cross-national variation in context of globalization, author claims that it is important to re-focus on the supply side. He argues that the supply side—parties and other intermediary organizations—both responds to changing demand and generates it itself. The chapter argues that electorally successful extreme right parties respond to favorable politico-cultural opportunity structures for their mobilizations by transforming into counter-cosmopolitan parties—and by mobilizing 'new antisemitism.' The model assumes that there are similar demand side conditions shaped by an emerging new cleavage between cosmopolitanism and counter-cosmopolitanism. It seeks to explain why some extreme right parties exploit these changing conditions, while others fail to do so. With electoral success being the dependent variable, the ideological modernization of extreme right supply according to a new counter-cosmopolitan winning formula is isolated as a key independent variable that explains success and its variation.

Keywords:antisemitism; counter-cosmopolitan; electoral success; European extreme right parties; globalization; ideological modernization; mobilization

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_005 Antisemitism and Anti-Americanism: Comparative European Perspectives en

This article examines the convergences and divergences of anti-Americanism and antisemitism in contemporary Europe. It can be argued that anti-Americanism is an even more contested concept than antisemitism. The special focus of this article will be the interaction and overlap between anti-Americanism and antisemitism. Anti-Americanism is a generalized and comprehensive normative dislike that often lacks distinct reasons or concrete causes. In the course of the twentieth century antisemitism has become one of anti-Americanism's most consistent conceptual companions, perhaps even one of its constitutive features. To be sure, European antisemitism preceded anti-Americanism by centuries. In a world in which challenging the United States and everything American, has gone way beyond the chattering classes of London, Paris and Berlin, and constitutes an essential part of global politics, anti-Americanism will remain a valuable currency that politicians will readily harness for their purposes.

Keywords:anti-Americanism; antisemitism; culture; European perspectives; foreign policy; Jews; political; United States

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_006 Playing the Nazi Card: Israel, Jews, and Antisemitism en

This chapter analysis of contemporary antisemitism onto new ground: away from labeling and defining the problem, to an understanding of the consequences of antisemitic discourse. The chapter reveals how the playing of the Nazi card scratches deep wounds by invoking painful collective memory of the Holocaust. It aims to bring some clarity to the egregious nature of the Nazi card by discussing four different variants of the problem: the Nazi card as abuse against Jews; the Nazi card as abuse against the collective memory of the Holocaust; the Nazi card in the casting of Jews as conspirators and collaborators with the Nazis; the Nazi card manifest in discourse about Israel and Zionism. Those with a genuine commitment to a lasting peace between Israelis and Palestinians recognize that engagement, compromise, and communication are necessary for reconciliation.

Keywords:antisemitism; Israel; Israelis; jews; Nazi card; Nazis; zionism

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_007 The Empire Strikes Back: Antisemitism in Russia en

Antisemitism in Putin's Russian Federation may be more muted than that which appeared in the 'wild Russia' of the 1990s, but it is still significant. This chapter explores the extent and impact of antisemitism in post- soviet civil society, politics and media—three overlapping and interconnected areas—focusing on the period 2000–6. Overt antisemitism is a fairly taboo form of xenophobia in the political sphere of Putin's Russia. The mass media in post-soviet Russia is as diverse as it is in Western Europe, but there are significant differences in the relationships between society, government, and the media which impact upon the problem of nationalist and racist propaganda.

Keywords:antisemitism; civil society; mass media; political sphere; Russia

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_008 Hatred towards Jews as a Political Code? Antisemitism in Hungary en

Surveys conducted in the mid-1990s indicated that approximately one-tenth of the Hungarian adult population was strongly antisemitic and one in four Hungarians harbored some form of anti-Jewish prejudice. Antisemitism in Hungary seemed to be a phenomenon of the capital city: antisemitic prejudice occurred more frequently among residents of Budapest than among residents of other settlements. The chapter touches upon the changes in the level of antisemitic prejudice between 1994 and 2002, latent anti-Semitism, and the causal explanation of antisemitic prejudice. Analysis of the causes of antisemitic prejudice showed that anomie, which had been an important explanatory factor earlier on, is no longer one of the immediate causes of hostility towards Jews. This is an important change: it may mean that in the last decade antisemitic prejudice has begun to be transformed from diffuse anti-Jewish attitudes into a type of antisemitism that functions as a political or ideological code in Hungary.

Keywords:anti-Jewish prejudice; antisemitic prejudice; antisemitism; Hungary; Jews; political code

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_009 The Resilience of Tradition: Antisemitism in Poland and the Ukraine en

Two theoretical assumptions brought us to the differentiation between two types of antisemitic views: first, a conceptual version of the term of this view itself, comprised of three elements: the cognitive element, the evaluative and emotional element, and the behavioral element. Second, the assumption that feelings like hate and antipathy are unpleasant for the individual him or herself, and therefore, the continuity of such feelings requires strong motivation. This chapter provides presentation of the tables which substantiate the pervasiveness of antisemitic attitudes in Poland by means of a comparison of two studies combined from 1992 and 2002. It then presents a comparison of the most important results of the Ukrainian research.

Keywords:antisemitism; Poland; Ukraine

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_010 Beyond the Republican Model: Antisemitism in France en

This chapter shows that the expression new Judeo- phobia, used by many scholars in the steps of Pierre-André Taguieff to uphold this idea, is certainly true, but that it does not exactly report the current situation of the Jews in France. The demonstrations in support of Gaza were a turning point in the expression of antisemitism because the older generation of pro-Palestine militants who repudiate antisemitism, support the Palestinian authority and a two-states solution, seem to have lost control over the movement. Antisemitism in France is both structural and a consequence of the events in the Middle-east.

Keywords:antisemitism; France; Jews; Palestinian authority; pro-Palestine militants

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_011 The Liberal Tradition and Unholy Alliances of the Present: Antisemitism in the United Kingdom en

Jews are now jostling for government's attention along with other and more assertive religious and ethnic minorities such as the Muslim, Hindu and Sikh communities. The government recognizes the potential power of the Muslim community and it is obvious that it will go a long way to meet its concerns and demands. There are issues on which the Jewish and Muslim communities could and should jointly campaign and where there is a measure of accord. At the same time, we have reached out to other emerging Muslim groups who represent more moderate views. Among them are the growing numbers of Safis who seek political representation and who resent Islamist and Arab influences.

Keywords:Antisemitism; Jewish; Muslim; United Kingdom

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_012 Political Cultures of Denial? Antisemitism in Sweden and Scandinavia en

This chapter discusses the characteristics of anti-Jewish thinking in Sweden in the beginning of the 21th century. It focuses on antisemitic tendencies and motifs in public discourse within the broader political culture as well as prevalence of anti-Jewish prejudice amongst the Swedish population. A recent survey indicates that negative attitudes towards Jews are more prevalent among Swedish Muslims than among the population in general, and a previous report pointed to anti-Jewish sentiments among groups of pupils of Muslim or Arab background and the promotion of antisemitic propaganda on some Swedish Islamic web site. The antisemitic mood that emerged in parts of Europe after the out- break of the second intifada in 2000 has also been evident in Swedish public debate, but more research is needed before its full impact can be adequately assessed.

Keywords:antisemitism; Jews; Scandinavia; Sweden

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_013 Erosion of a Taboo: Antisemitism in Switzerland en

This chapter addresses specific form of antisemitism. Following an overview of the history of antisemitism since the foundation of the Swiss Confederation in 1848, the chapter focuses on two debates, led in the 1990s and 2000s, in which antisemitism was expressed in a variety of forms. The chapter then analyzes attitudes towards the conflict in the Middle East as a further context in which antisemitic stereotypes are brought forward. It focuses on the reaction of the majority society to antisemitism and its handling of the phenomenon. Switzerland has known a long tradition of antisemitic patterns which have mainly sought to fend off Jews on the grounds that they were seen as being 'foreign' to Swiss society.

Keywords:antisemitism; Jews; Swiss Confederation; Switzerland

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_014 Anti-Jewish Guilt Deflection and National Self-Victimization: Antisemitism in Germany en

The various forms of antisemitism seen in Germany's public discourse all share one common factor: an explicit or implicit deflection of guilt and denial of responsibility for National Socialism and the Shoah. In development of antisemitism, two factors played decisive roles: on the one hand was the lifting of taboos against expressing antisemitic sentiments in the public sphere, and on the other hand was their linkage with the new discourse that presented Germans as victims. This chapter analyzes this development in two steps. First, empirical data demonstrating the virulence of guilt-deflecting antisemitism in Germany is introduced, and the development of guilt deflection is discussed. Then, the relationship between antisemitic guilt deflection and the national victim mythos are described and analyzed.

Keywords:antisemitism; Germany

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_015 Between Neo-Fascism, Anti-Fascism, andAnti-Zionism: Antisemitism in Italy en

In Italy, as in the rest of Europe, open antisemitism is chastised and isolated through social condemnation and legal means. Most traditional antisemitism is confined to the publications and websites of extreme groups. The tendency to minimize the nature of a threat hinders efforts to formulate a right response to the newest manifestations of antisemitism. Recent public opinion surveys in European countries measured traditional antisemitic prejudice and tried to determine if and how antisemitism makes its way into the coverage—and the public perception—of the Arab-Israeli conflict. Extremism is the starting place for a survey of antisemitism in Italy. As the birthplace of Fascism, Italy still has a strong tradition of Fascist nostalgia.

Keywords:antisemitism; Italy; Jews

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_016 Rethinking Antisemitism, Counter-Cosmopolitanism, and Human Rights in the Global Age: A Political Crisis of Postmodernity? en

Political anti-Semitism is frequently articulated by those authoritarian groups, movements and rulers who in theory or practice negate public autonomy, individual self-expression, and universal human rights claims. Political manifestations of anti-Jewish resentment tend to go along with the political mobilization of ethnic nationalism and other idealized accounts of homogeneous ethnic or religious communities. In Europe, modern antisemitism initially peaked during the period of the first, industrial globalization from the late 19th century, and then on the road to the Holocaust. A global revival of public antisemitism, since the beginnings of the modern era a way to 'make sense' and personify rapid sociocultural change corresponds with the dramatic transformations of the post- modern era, the second globalization".

Keywords:antisemitism; Europe

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In Euripides' Trojan Women the very city of Troy has offered itself up, as a picture of ruins, and a witness as eloquent as any to the ephemeral nature of life and the futility of piety. This chapter traces the path of architecturally inflected language in Trojan Women, and explores how Euripides' preoccupation with architecture and its language reflects a broader interest in the art and craft of building. The reader can see that Euripides's trademark fondness for the minute details of daily life reveals itself in characterizations of such standard features of the ancient architectural landscape. The reader can also see how Euripides' evident acquaintance with language associated with the technical aspects of construction provides him with a ready vocabulary for vivid images, metaphors, and other poetic figures. Finally, the chapter helps to discover that, in a twist, the language turns out to be more prosaic than poetic.

Keywords:architectural language; Euripides; Trojan Women; Troy

,

The focus on Ion allows a theme to emerge in this chapter: Athens. However, since much of its imagery has to do with weaving, a subsidiary theme of the chapter is textiles," the pursuance of which leads beyond Ion and well into the Euripidean corpus. A tertiary theme is the world of women. For the craft of weaving has been linked with women in literature and art.Ion is a play whose heart beats far away in the less naturally sublime scenic environment of Athens, where the beauty of nature had long been supplanted by a large and diverse body of man made monuments, housing the civic and religious institutions for which the city was famed, some lost to the Persians, and others on which the ancient Greek world's most acclaimed artistic legacy was best displayed. These monuments, the chapter shows, are evoked throughout the play.

Keywords:Athenian monuments; Athenian women; Euripides; Ion; weaving women

9789004189065 10.1163/ej.9789004189065.i-494 Euripides and the Language of Craft en 10.1163/ej.9789004189065.i-494.35 A Practiced Hand en

Euripides demonstrates an awareness of the sometimes mundane, sometimes arcane, and at times profound issues and intricacies particular to each individual medium. This final chapter of the book is devoted to the ways in which Euripides was engaged more broadly with the very idea of art and artistry, craft and craftsmanship. Given the extreme likelihood that Euripides views reflect and respond to the views of his time period, the process of gleaning his extant works holds out the reward of nuggets of invaluable primary evidence for contemporary perceptions of the artist, the production of the artifact, and the creative act, itself. It analyzes his language for demonstration which is metaphorical or at least figurative in nature. However, because these words turn up in Euripides, they merit notice in the chapter. A quick review of the more prominent examples, mostly verbs, which arguably still preserve a craft-based undertone, illustrates the point.

Keywords:artistry; craftsmanship; Euripides

9789004189065 10.1163/ej.9789004189065.i-494 Euripides and the Language of Craft en 10.1163/ej.9789004189065.i-494.42 Epilogue en

This chapter summarizes some consistent patterns that have emerged in the preceding chapters of the book. Little of the language that has been identified as artisanal in Euripides turns up also in Aristophanes, where one might legitimately expect overlap. Technically inflected words adopted by Euripides are frequently paralleled in inscriptions, typically those related to building projects, and on occasion, seldom or not at all elsewhere. As for poetic parallels, Euripides' artisinal language turns up most often in Homer and Pindar, but then again in neither poet nearly as often as we might expect. Euripides is a man of his times, no less a modernist, to be sure, than his coevals, Socrates and the Sophists. This book shows that a significant segment of his language tends also toward the non-traditional. Euripides is a realist, in every sense, and as a poet, he is a Keats to Aeschylus' Shelley.

Keywords:artisinal language; Euripides; poetic parallels; realism

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.2 Introduction the Historical Vacuum en

Throughout history, the rape of women during war has been deemed an unavoidable consequence of wartime, essential to preserving the troops' morale, along with pillaging and property crimes. This introductory chapter suggests that one view sex crimes as two-dimensional crimes: ethnic crimes and gender crimes. It analyzes the argument that rape during war is not only a crime linked to the national or international conflict, but that it also includes an additional stratum: it is a tool for the subordination of women, for male sexual satisfaction and empowerment, and for the confirmation of male control over the female gender. It is not sufficient to treat rape as solely another offense under the existing traditional crime categories in international law. It must be anchored as a discrete crime that will establish the boundaries of the legal norm, harmonize different nations' laws, and eradicate the remnants of patriarchy linked to this offense.

Keywords:international conflict; international law; rape

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.6 Introduction to Part One en

This introductory chapter of part one of this book gathers the tools that both enrich and lay a foundation for the rest of this study's critique of the inadequate treatment of sex crimes under international law, from its inception through today. It addresses the developments in the crime of rape in domestic law. The author claims that changes in the law in this field are likely to have a significant impact on both the international legal realm and the domestic legal realm – in addition to the symbolic importance of such changes.

Keywords:international law; sex crimes

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.7 International Law from a Feminist Perspective en

The aspirations of the feminist analysis of international law go beyond the objective of advancing women's issues. Several steps must be taken in order to analyze the way sexual offenses are and should be covered under international law. First, international criminal law's silence about sexual offenses, and the underlying gender bias that this silence reflects, must be exposed. Second, the archaic dichotomy between the private sphere and the public sphere, which international law maintained for centuries, must be shattered, because, as the author demonstrates in this chapter, the line drawn by this dichotomy overlaps to a great extent with the gender line. Finally, one must draw upon the important lessons of how the offense of rape has developed in the domestic law of nation-states. The chapter discusses the first two issues.

Keywords:archaic dichotomy; feminist analysis; international law; sexual offenses

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.8 Law Reform and Reality? en

The radical feminist discourse focuses on the patterns and modes that will lead to a fundamental change in society by abolishing the situation of inequality between women and men. The change sought by radical feminism is not just in how the law is implemented, but also a substantive and fundamental change in the content of the law. Radical feminism is based on the assumption that law is a primary tool for legitimizing the existing social order. Moreover, because the liberal perspective views law as a tool for shaping social life then from the moment the masculine view becomes embedded in the law, it attains an objective status. As a result, in order to change women's status in society and in law, the change in consciousness must be integrated with a fresh analysis of the institutions, conventions, norms and existing legal criteria.

Keywords:international law; radical feminism

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.11 Rape as a Unique Crime under Domestic Law en

This chapter presents the complexities of the domestic offense of rape with respect to its development and the remnants of patriarchy still embedded in it, which have been preserved in many countries. It first discusses the symbiotic relationship between international law and domestic law. This connection explains the significance of the study about the way in which domestic law, first, chose to exclude rape, and subsequently, decided how to include sex and gender crimes. Domestic law is examined from the social perspective and then from the legal perspective. Particular focus is given to those crimes for which the domestic law has adopted a presumption that the author has termed the presumption of nonconsent. International law must focus on the exceptions to the general rules of rape: those offenses in which a presumption has been adopted that consent cannot exist.

Keywords:domestic law; international law; rape

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.12 Introduction to Part Two en

This introductory chapter of part two of this book embarks on an historical journey to the cradle of international criminal law and traces the development of the crime of rape. In this journey, the author distinguishes between several eras. First, the Era of Silence. This era has strong connections with the history of the crime of rape as an offense in domestic law. Next, the Era of Honor began when the crime of rape was recognized in international law as a criminal offense against the victim's honor, while ignoring the other substantial harms to the victim, both mental and physical. The Third Era commenced when sex crimes were recognized as international crimes under some of the traditional crime categories.

Keywords:international criminal law; rape; sex crimes

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.18 The Era of Silence en

Throughout history, women have suffered from mass rape during times of war. The historical development of women's rights in war and their anchoring in international law took place in a non-uniform manner. At the end of WWII, international tribunals were established in Nuremberg (the International Military Tribunal in Nuremberg (IMT)) and in Tokyo (the International Military Tribunal for the Far East (IMTFE)). These tribunals prosecuted the major war criminals for crimes of war, crimes against peace and crimes against humanity. In the Era of Silence when the Nuremberg trials took place, sexual crimes, along with pillage, were viewed as inevitable aspects of war, and therefore unpunishable. In addition to this equating of rape with pillage, a further obstacle presented itself: the prosecutors shied away from the subject as if it were simply too distasteful.

Keywords:IMT; IMTFE; international law; Nuremberg; rape; Tokyo; women's right

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.19 The Era of Honor en

The beginning of the Era of Honor is marked by the signing of the Geneva Conventions. These conventions provide that grave breaches of the humanitarian norms in the context of an international armed conflict lead to individual criminal responsibility and universal jurisdiction. On this basis, from the perspective of the Geneva Conventions, rape is an injury to the woman's honor in its social meaning, rather than dignity in the sense of her inherent dignity as a human being. This discussion about the Era of Honor would be incomplete without referring to Janet Halley, who supports the position taken by the Geneva Conventions. In her opinion, the Geneva Conventions protect both women and men as part of their universal protection of human beings.

Keywords:Era of Honor; Geneva Conventions; rape

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.23 A New Direction-towards a New Era? en

Women's organizations and many scholars made significant contributions towards breaking down the stereotypes and misconceptions about all types of sex crimes. In 1993, feminist women became involved in international humanitarian law in order to fight against the atrocious crimes. They also sought to use them as a platform for feminist change of the international criminal law. The wars lead to the establishment of two international criminal tribunals–one for the former Yugoslavia (the ICTY) and one for Rwanda (the ICTR), which both prosecuted sex crimes against women. These tribunals made great progress with respect to the treatment of sex crimes during war in international law. Sex crimes were no longer related to as offenses that were subordinate to other serious crimes, but were treated instead as independent international crimes which stood on their own two feet.

Keywords:ICTR; ICTY; international law; Rwanda; sex crimes; Yugoslavia

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.27 Introduction to Part Three en

This chapter describes the existing crime categories under international law as they stand today, and explains how sex crimes fit into each and every category within this framework. It illustrates the insufficiency of the current legal structure and lays the foundation for the proposal of a more suitable legal framework. The author argues that the inclusion of sexual offenses in only two of the crime categories that exist in international criminal law-war crime and crime against humanity-is insufficient. Similarly, the author claims that there is no justification for not including the group of gender as a protected group in the framework of the crime of genocide, and queries why sex crimes are absent from the list of prohibited acts of this international crime.

Keywords:international criminal law; sex crimes

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.32 Summary of Achievements and Problems en

This chapter analyzes the current situation from the perspective of the existing crime categories in the Rome Statute. First, It analyzes the way that sex crimes are included in the framework of the crime categories of crime against humanity and war crimes that are other serious violations of the laws of war, and it discusses their absence from the list of war crimes that are grave breaches of the Geneva Conventions. The chapter describes the crime of genocide and the decision of the Rome Statute to leave sex crimes and the group of gender out of this crime category. It demonstrates that certain aspects of sexual offenses are likely to meet the requirements of all of the crime categories that exist today in international law. The chapter attempts to propose a new crime category, which would be recognized alongside the traditional crime categories.

Keywords:genocide; international law; Rome Statute; sex crimes

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.33 Part of Existing Crime Categories or a Discrete Crime? en

The ICC Statute has partly lifted the traditional immunity historically granted by international law to sex criminals. Rape is both a violent crime and a sexual crime. Violent, in the physical sense; and sexual in the sense that it is a part of the social subordination of women that exists. International law regarded sexual offenses as crimes against honor, while ignoring the two components of its physical aspect and its sexual aspect. In its current stage of development, the New Status Quo of the Third Era, international law has placed sex crimes within the framework of the existing categories for violent crimes-and it ignores the second stratum, the sexual/gender stratum. Thus, the recognition of sex crimes in the Rome Statute solely in the framework of the existing violent crime categories does not furnish a comprehensive solution to this problem, because it continues to ignore the gender stratum of these crimes.

Keywords:discrete crime; international law; rape; Rome Statute; sexual offenses

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.38 Sex and Gender Crimes as a Discrete Crime – A Preliminary Draft en

A new international crime category prohibiting sexual offenses must address all the disadvantages of the current law. This chapter presents the priorities that international legislators should consider when drafting and adopting the new crime category of sex and gender crimes. The new crime category must be blind to race, religion, sexual orientation, political or citizenship belonging and, especially, the victim's gender. Every victim of sexual offenses needs to be protected by international law. In this regard, the new crime category will be distinguished from the offense of crimes against humanity. This crime must be applicable not only to international and non-international armed conflicts, but, like genocide and crimes against humanity, it should also apply in peacetime. In many instances, sexual offenses are committed sporadically, not as part of a systematic or widespread attack.

Keywords:gender crimes; genocide; international law; sex

9789004189126 10.1163/ej.9789004189126.i-182 Sex and Gender Crimes in the New International Law Past, Present, Future en 10.1163/ej.9789004189126.i-182.47 Summary and Conclusions en

This concluding chapter of this book discusses the use of rape as a weapon throughout history: rape for the purpose of genocide, the systematic rape of a civilian population, rape as part of wartime activity, and rape simply for the sake of rape, while exploiting relationships of subordination during armed conflicts or other domestic political tension. The woman's body has been nationalized, expropriated, and turned into a battleground, an instrument for sprouting the victor's seed, for the soldiers' consolation and their physical relief. The author surveys how international law has related to sex crimes, from its origin through today. The chapter demonstrates that sex crimes can be included within each of the Rome Statute's existing crime categories, by interpreting genocide and grave breaches of the Geneva Conventions more broadly.

Keywords:genocide; international law; rape; Rome Statute; sex crimes

9789004189201 10.1163/ej.9789004189201.i-338 Scriptural Interpretation and Community Self-Definition in Luke-Acts and the Writings of Justin Martyr en 10.1163/ej.9789004189201.i-338.2 Introduction en

The author compares and contrasts the way that the writings of the New Testament attributed to Luke, hereafter Luke-Acts, and the writings of the early Christian apologist Justin Martyr define the Christ-believing community by describing its privileged status in relation to the Jewish scriptures. He then surveys the findings of previous studies that relate to and inform his comparison of Luke and Justin. This includes a review of scholarly positions that address the following themes in their writings: the possible dependence of the writings of Justin upon the synoptic gospels and Acts; the date of composition of their writings; the parallels between their theological ideas; and their respective treatments of the Jewish scriptures. The author then outline the aims, rationale, and overall plan of my study, including my reasons for choosing to compare Luke and Justin, and the contribution of such a comparison to scholarship on this topic.

Keywords:Christ-believing community; Jewish scriptures; Justin; Luke

9789004189201 10.1163/ej.9789004189201.i-338 Scriptural Interpretation and Community Self-Definition in Luke-Acts and the Writings of Justin Martyr en 10.1163/ej.9789004189201.i-338.5 Early Jewish Exegetes and Community Identity en

The centrality of sacred text to community life contributed to the emergence of interpreters who specialized in the study and interpretation of the scriptures. This chapter examines the way that scriptural interpretation functioned as a mode of revelation in the Second Temple period and explores how different Jewish groups defined themselves with reference to this activity. The author survey selects early Jewish texts that exemplify this approach to reading the Jewish scriptures. After providing a brief overview of recent secondary literature, the chapter discusses the primary texts that show evidence of the shift from classical prophecy to charismatic or revelatory exegesis during the Second Temple period. Subsequently, it provides a more extended discussion of early Jewish texts that demonstrate how descriptions of an inspired knowledge of the Jewish scriptures could serve as a means of articulating the identity and boundaries of certain early Jewish communities.

Keywords:community identity; Jewish texts; scriptural interpretation; second temple period

9789004189201 10.1163/ej.9789004189201.i-338 Scriptural Interpretation and Community Self-Definition in Luke-Acts and the Writings of Justin Martyr en 10.1163/ej.9789004189201.i-338.8 Authoritative Instruction and Revelatory Illumination en

A number of studies have examined Justin's reinterpretation of the Jewish scriptures for the non-Jewish Christian church. This chapter provides an analysis of the common self-defining strategy in the writings of Luke and Justin. To do so, the author compares the following aspects of their representations of scriptural interpretation: 1) their portrayal of the exegesis of Christ-believers as an outcome of a divine revelatory experience and of instruction from the risen Christ, and 2) their depiction of the connection between this inspired interpretation and entrance to the Christ-believing community. Subsequently, the chapter discusses some of the differences between the way that Luke and Justin attempt to demonstrate the authoritative status of the exegesis of Christ-believers and consider the impact that these differences have upon their respective descriptions of the knowledge of the Christ-believing community.

Keywords:authoritative scriptural interpretation; Christ-believers; Jewish scriptures; Justin; Luke

9789004189201 10.1163/ej.9789004189201.i-338 Scriptural Interpretation and Community Self-Definition in Luke-Acts and the Writings of Justin Martyr en 10.1163/ej.9789004189201.i-338.14 Competing for Identity Within a Greco-Roman Milieu en

This chapter explores the extent to which Luke and Justin lay claim to the Jewish scriptures as part of an effort to articulate the identity of the Christ-believing community in relation to their wider Greco-Roman context. To provide a framework for this comparison, author briefly note the common ways that early Jewish and Christian apologists appeal to the Jewish scriptures for this purpose: 1) the presentation of the Jewish scriptures as a source of truth that is older than, or superior to, non-Jewish traditions; 2) the depiction of the study of the scriptures as a form of philosophical inquiry that rivals that of Greek philosophical schools; and 3) the portrayal of the Mosaic law as an exemplary, or superior, form of legislation and ethical guidance. The chapter shows that Luke appropriation of the Jewish scriptures differs substantially from that of Justin as well as other early Jewish and Christian apologists.

Keywords:Christ-believing community; Greco-Roman Milieu; Jewish scriptures; Justin; Luke

9789004189201 10.1163/ej.9789004189201.i-338 Scriptural Interpretation and Community Self-Definition in Luke-Acts and the Writings of Justin Martyr en 10.1163/ej.9789004189201.i-338.20 Revelation at the End of the Age en

This chapter explores the way that Luke and Justin each present the exegetical revelation of Christ-believers, on the one hand, and the darkening of outsiders, on the other, as evidence that the end-time promises of God are coming to fulfillment. It outlines a comparison of the following elements of their writings: 1) their common attempt to present the ability of Christ-believers to understand the Jewish scriptures as the realization of end-time promises; 2) their similar use of scriptural oracles of judgment to validate their conclusions about the darkened status of outsiders to the Christ-believing community; 3) their differing configurations of the distinction between insiders and outsiders to the Christ-believing community; and 4) their differing uses of prophetic traditions to provide the rationale for this division.

Keywords:Christ-believing community; exegetical revelation; God; Jewish scriptures; Justin; Luke

9789004189201 10.1163/ej.9789004189201.i-338 Scriptural Interpretation and Community Self-Definition in Luke-Acts and the Writings of Justin Martyr en 10.1163/ej.9789004189201.i-338.26 Whose Promises Are They? en

This chapter examines the manner in which Luke and Justin each attempt to articulate the identity of the Christ-believing community by presenting Christ-believers as heirs of promises from the Jewish scriptures. To do so, the author compares and contrasts their appropriation of three types of promise traditions: 1) their description of the fulfillment of Abrahamic promises; 2) their explanation of the fulfillment of Isaianic promises; and 3) their presentation of the descent of the Spirit as the realization of scriptural promises. To be sure, an analysis of these three themes does not represent an exhaustive treatment of their representations of the fulfillment of the Jewish scriptures. Nevertheless, it does provide a significant cross-section of data for evaluating their respective attempts to describe Christ-believers as the recipients of scriptural promises.

Keywords:Abrahamic promises; Christ-believing community; Isaianic promises; Jewish scriptures; scriptural promises

9789004189201 10.1163/ej.9789004189201.i-338 Scriptural Interpretation and Community Self-Definition in Luke-Acts and the Writings of Justin Martyr en 10.1163/ej.9789004189201.i-338.33 Conclusion en

This is the conclusory chapter of this book, which compares the way that Luke and Justin laid claim to the Jewish scriptures for the Christ-believing community by considering two aspects of their representation of the relationship between this group and the sacred texts of Jews: the authoritative exegesis of Christ-believers and their identity as recipients of scriptural promises. The book outlines the ways that Luke and Justin use similar exegetical claims to define Christ-believers as those who possess an exclusive understanding of the Jewish scriptures. The use of common themes and ideas in the writings of Luke and Justin confirms their participation in what we might refer to as a similar form of proto-orthodox Christianity. Like early Jewish interpreters, both Luke and Justin appropriate the Jewish scriptures, in part, to defend the status of their group as the true people of God.

Keywords:Christ-believing community; Jewish scriptures; Justin; Luke; scriptural promises

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.2 Introduction: Jan De Vries and His Contributions en

Jan De Vries's largest and possibly best-known book is the massive First Modern Economy co-authored with the late Ad van der Woude. A decade and a half later—much too long a wait, many felt—de Vries published his Industrious Revolution book. Economic progress before the Industrial Revolution is alive and well in the hands of custodians such as Jan de Vries. De Vries scholarship has rarely been revolutionary, and there are few instances of him dismissing others' work in order to draw attention to his own. His research combines the skills of the quantitative economic historians with the patience and diligence of the professional historian, the ultimate successful marriage of the archive and the computer. This book honors an intellectual and scholarly giant who has done a huge amount to keep economic history a respectable discipline.

Keywords:First Modern Economy; industrial revolution; Jan De Vries

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.6 The Birth of Modern Europe: Determining the Margins of the Work of Jan De Vries en

As the central concept in early modern Calvinism, predestination has played a historiographical role in much of Dutch history. In The First Modern Economy, Jan de Vries and his co-author, Ad van der Woude, present the geography of the Netherlands not as a static structure but rather as a dynamic agent in economic change. In modern times, construction tends to be a sensitive barometer to the winds of economic fortune, and the same was the case in early modern Europe. In The First Modern Economy, de Vries and van der Woude cite flexible labor markets as one of the key 'modern' foundations of Dutch economic infrastructure. De Vries suggests that the industrious revolution had important consequences for the history of women, as a greater reliance on the market for goods freed women for work outside of the home.

Keywords:Europe; Jan de Vries; The First Modern Economy

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.7 The Tobacco Nation: English Tobacco Dealers and Pipe-Makers in Rotterdam, 1620–1650 en

This chapter intends to shed some new light on pipe-making and tobacco dealing in the Dutch Republic in the first half of the seventeenth century, especially in Rotterdam. Archival sources are used to show the extent to which English natives dominated both sectors. At the same time, tobacco produced in the English colonies, in particular the Chesapeake, was often carried to Europe not by English merchants but Dutchmen. In the tobacco business, native Dutchmen were eclipsed by resident English merchants. The chapter reveals the transnational character of the tobacco trade between Virginia and Rotterdam in the first half of the seventeenth century. The tobacco merchants there rarely collaborated with Dutch importers and their pipe makers usually apprenticed fellow nationals. There was ultimately a limit to the transnationalism that marked Anglo-Dutch relations.

Keywords:Anglo-Dutch trade; English nation; pipe-making; Rotterdam; tobacco; transnationalism

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.8 The Market for Architecture in Holland, 1500–1815 en

This chapter attempts to unite the research agenda's of the two types of inquiry by raising quantitative issues about the size and composition of the building market. It seeks to con-textualise the contributions of architects to the building industry, by also looking at two other major types of actors, the stone-mason, and the brick-mason and carpenter. The chapter focuses on the design elements of the building process. It looks at a number of quantitative dimensions of the building market. On the basis of published tax records, we will be able to sketch a general picture of the expansion of the number of houses in the towns of Holland between 1500 and 1815. The chapter deals with the people designing and constructing these buildings. It also looks at the workforce in the building industry, again to get a sense of its size and composition.

Keywords:building industry; Holland; market

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.15 From Shelf to Maps: Reconstructing Bookselling Networks in theSeventeenth Century Netherlands en

In European history, the seventeenth century often plays the role of the red-headed stepchild, neglected and thought to not properly belong to the family. The relatively static ratio of booksellers to book buyers also belies the changing spatial economy of the provinces. Population growth, fueled in no small part by immigration, characterized the Netherlands throughout its Golden Age. It is curious to note that Felix Lopez de Haro's advertisement mentioned that interested buyers could obtain his sale catalogue in other cities, from designated booksellers. From these, it would seem possible to reconstruct the internal networks of exchange and information forged by these booksellers. This chapter utilizes a database of over two hundred such advertisements, culled from the Oprechte Haarlemscher Courant in the period from 1660 to 1671 in order to approximate the flows of information in the seventeenth century Dutch book trade.

Keywords:bookselling networks; Felix Lopez de Haro; Netherlands; seventeenth century

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.19 Hoare's Bank in the Eighteenth Century en

This chapter describes the actions of a successful London bank, providing information as well on the operation of the London financial market in the eighteenth century. It builds on the foundations laid by fundamental contributions of Jan de Vries. Hoare's Bank developed in the context of English adaptations of Dutch banking practices. The chapter chronicles the first century of the bank's life and tries to explain its almost unique success. It explores that Hoare's Bank succeeded where most fledgling banks of the early eighteenth century failed for several reasons. Hoare's Bank held deposits and extended loans, as banks do. Hoare's Bank entered its own investment in bonds and shares in the loan ledgers in the same way as loan transactions with clients, booking investments in securities on the debit side and the proceeds from sales on the credit side.

Keywords:eighteenth century; Hoare's bank; investment services

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.20 Modest Households and Globally Traded Textiles: Evidence from Amsterdam Household Inventories en

This chapter talks about textiles that are especially suitable for testing some of the broader implications of Jan de Vries's effort to establish a theory of consumer behavior as fully linked to the world of production and prices. It is quite plausible that textiles have been the most frequently traded commodity in the history of human civilization, despite how easy it has become for those of us living in a 'post-industrial' age to overlook them entirely. To bring this discussion to a conclusion, it seems to this author that we should not be particularly surprised by the evidence for a wide price and quality range for both European domestically produced textiles and their Asiatic competitors; or by the socially broad participation in the market for new consumer goods by the middle decades of the 18th century.

Keywords:Amsterdam household; globally traded textiles; human civilization; Jan de Vries

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.25 Britain's Asian Century: Porcelain and Global History in the Long Eighteenth Century en

Chinese export wares penetrated widely and deeply into European culture; the Embassy was in fact the culmination of a long period which author calls the Asian Century of continuous trade between Britain, China and India. This chapter focuses on China's success in creating major export ware sector in luxury and consumer goods appealing to Western consumers. The trade from Asia by the mid eighteenth century was providing quality ware for Europe's middle ranks. Porcelain became one of China's most distinctive export-ware products. Consumer markets in Europe were made for quality goods that were not high luxuries for elites only. Large-scale production deploying modular systems and division of labour combined with geographical concentration of private and official factories and kilns in major centre, Jingdezhen. This created the global export ware that passed in Europe from exotic collectable to the expected props of the daily routines of polite civility and respectable sociability.

Keywords:Asian century; Britain; consumer revolutions; eighteenth century; European markets; international trade; kilns; porcelain

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.26 Repeat Migration Between Europe and the United States, 1870–1914 en

This chapter explains the general processes of two-way migration across the North Atlantic in the context of an environment wherein such relocation was legal, readily affordable, and clearly economically advantageous to many more Europeans than the roughly twenty one million who actually undertook it between 1870 and 1914. The more immediate goal is therefore to develop more accurate measures of repeat migration in this period, and to examine some associated implications for broader processes of relocation between Europe and the United States. The chapter explicates these migration processes and measurement issues in six sections. It first deals with definitional matters: most especially, which transatlantic moves by individuals should be counted as migration, and how to most effectively measure those moves and that migration. The chapter develops such an explanation by relating the central features of transatlantic repeat migration to the general self-selection processes influencing the overall numbers who relocated.

Keywords:Europe; migration; United States

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.35 The Industrious Revolution and Labour Force Participation of Rural Women: Evidence from Mid-Nineteenth-Century France en

This chapter addresses three questions by analyzing data describing the occupations of men and women in rural France in the middle of the nineteenth century. The questions include: (1) what proportion of rural women worked in mid-nineteenth-century France; (2) how participation rates varied by age, and the principal occupation of the families concerned; and (3) how sensitive labour force participation was to differences in family income and wages? The chapter reviews the current state of play with respect to the evolution of women's participation in the labour force in the eighteenth and nineteenth century. It then assesses the trustworthiness of the 1851 French census with respect to its occupational designations. Finally, the chapter reports the findings. Empirical studies of female labour supply in modern underdeveloped countries provide some further insight into the mechanics of an Industrious Revolution.

Keywords:France; industrious revolution; labour force participation; nineteenth century; rural women

9789004189348 10.1163/ej.9789004189348.i-259 The Birth of Modern Europe Culture and Economy, 1400-1800. Essays in Honor of Jan de Vries en 10.1163/ej.9789004189348.i-259.45 The Industrious Revolution in America en

De Vries's essential historical point is that the behavioral transformation predated the technological breakthroughs of the Industrial Revolution, setting the stage for that great supply-side event. This chapter considers what adaptations and amendments may be required in order to apply this analysis to the economic development of the United States. By the eighteenth century, however, improvements in material conditions plus declines in transportation and distribution costs generated a vast expansion of trans-Atlantic trade. In the basic de Vries scenario, the Industrious Revolution came first, followed by the Industrial Revolution. The chapter explores that a pervasive norm of mobility became embedded in law and expectations, shaping labor relations, working conditions, and ultimately the direction of American technological change. This transition is sometimes seen as a substitution of individualism for family values.

Keywords:American technological change; Atlantic trade; economic development; industrious revolution; labor scarcity

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.2 Introduction en

This introductory chapter of the book opens with Max Horkheimer, whose ongoing relative neglect is to the impoverishment of criticism. It is divided into two phases, theology and history. Ste. Croix argues that he is a historian and not a theologian, but that belies the attention he gives to theological matters. The other part of the chapter on Lowy comes to close quarters with his treatment of Latin-American liberation-theology, especially in his The War of Gods. Michael Löwy, particularly on the topics of elective affinity and Latin-American liberation-theology. The chapter focus on a text that nearly everyone has read, but has done so a little too quickly – Roland Barthes's 'Myth Today' from his Mythologies.

Keywords:christianity; Max Horkheimer; mythologies; theology

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.6 Corrupt parsons and the impetuous Irish en

This chapter begins with Thompson's own condemnation of methodism as psychic terror and political reaction. The problem is that, throughout his analysis, more and more political radicals turn up in the chapels and Bible classes – a long string of methodists end up as Luddites, organisers of the Peterloo protest, among the Chartists and so on. The chapter offers an intimate commentary on Thompson's study of Blake, for the specific purpose of discerning what Thompson's take on theology is by this late stage in his life. The poems were written in response to global political events and Thompson's involvement in the nuclear-disarmament campaign. But the most surprising feature of them is that Thompson gives voice to his own political radicalism through poems that recast nothing less than the birth- and infancy-narratives concerning Jesus. Thompson has realised the radical side of the political ambivalence of Christianity.

Keywords:Christianity; Corrupt parsons; E.P. Thompson; psychic terror; William Blake

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.10 The politics of style en

Ste. Croix makes some valuable points towards a materialist reading of the Bible, especially the insight concerning the tension between chora and polis in the New Testament. The complexity of his engagement with theology has to take account of his biography, not least of which is his conservative Christian upbringing at the hands of a mother, who was a British Israelite. Ste. Croix highlights the crucial roles of class-conflict; provides an extraordinarily useful correction to dominant assumptions concerning trade and commerce; and he shows that such reconstructions are inevitably politically engaged. Towards the end of his life Ste. Croix devoted his attention to biblical matters, planning two volumes, Early Christian Attitudes to Women, Sex and Marriage, and Essays in Early Christian History.

Keywords:Christianity; New Testament; Ste. Croix

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.16 The Alchemy of Michael Löwy en

The chapter begins with a detailed treatment of elective affinity, focusing on the two main statements where Michael Löwy seeks to reclaim this idea for the sociology of religion – one an article in French on Max Weber and another from the first chapter of Redemption and Utopia. From there, the author launches into a critical commentary of Löwy's engagement with liberation-theology, where he deals with three matters: the nature and influence of Catholic social teaching (and the curious way Löwy sidesteps such teaching in his treatment of liberation-theology); the ontological reserve of liberation-theology in regard to its infamous use of Marxist analysis; and then the question concerning the plurality of liberation-theologies. The last topic is directed squarely at the assumption, shared by Löwy, that liberation-theology is a peculiarly Latin-American product.

Keywords:Christianity; elective affinity; liberation-theology; Marxism; Michael Löwy; religion

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.21 Between description and accusation en

In this chapter, Barthes offers a full-blooded theory of myth (his demurrer that it is all very preliminary notwithstanding). It is divided into two parts and discussed separately. The first is an exposition that highlights the crucial moves in Barthes's text, drawing out the basics of semiology, focusing on a tension in Barthes's analysis between description and criticism and tracking his forlorn efforts at resistance to the baleful effects of myth. The second part seeks to apply to Barthes's argument his own approach. He has a propensity to focus on the fragmentary hints and suggestions, the moments in a text – an odd feature of a sentence, an image evoked or a trigger – that make one pause, look up and follow a train of thought. As a result, myth turns out to bear within itself a pattern of opposition and resistance.

Keywords:accusation; Roland Barthes; semiology; theory of myth

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.25 The Flights of Gilles Deleuze and Félix Guattari en

In this chapter, the author's interest in Deleuze and Guattari is quite specific - the connection between Marx and theology in their work. The author engages in close critical commentary on a few extraordinary pages in A Thousand Plateaus called 'On Several Régimes of Signs’, as well as the plateau on the war machine, 'Treatise on Nomadology', which proposes to read as part of the chapter on régimes of signs. Through these two texts by Deleuze and Guattari, the author highlights an overriding concern with the patterns of resistance against despotism. Tribal pre-signifiers, with their segmented structures and expressive signs, are by no means the only form of external opposition as far as Deleuze and Guattari are concerned. Deleuze, Guattari and the author have trekked from the segmented tribe to the despotic state via the nomadic war-band.

Keywords:despotic regime; Félix Guattari; Gilles Deleuze; nomads; tribal pre-signifiers

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.29 The Radical Homiletics of Antonio Negri en

In this chapter, the author's major concern is Negri's recently translated The Labor of Job, a detailed philosophical exegesis of the 'marvellous' biblical book of Job. Five features of Negri's analysis stand out, at least for one trained in that arcane discipline of biblical criticism: radical homiletics, philosophical commentary, the opposition of kairós and ákairos, one between measure and immeasure and then the politics of cosmogony. Political cosmogony, or, more specifically, the political dimensions of chaos, enables a creative linking of the akairological and immeasurable, what is out of place and untimely.

Keywords:ákairos; Antonio Negri; kairós; political cosmogony; radical homiletics

9789004189744 10.1163/ej.9789004189744.i-358 Criticism of Theology On Marxism and Theology III en 10.1163/ej.9789004189744.i-358.35 Conclusion en

This conclusory chapter focuses on what may be salvaged and reshaped for a constructive approach to Marxism and theology and briefly summarise the criticisms. The mention of myth usually invokes the specific concerns of anthropologists, historians of religion and perhaps the occasional biblical scholar. Oppressive myths can be so only by negating, demonising, punishing and concealing the voices of resistance within them. Finally, with the engaging Antonio Negri, the author exegeted closely The Labor of Job, trying to unfold the many layers of his usage of measure and immeasure, re-reading it in terms of a conjunction with kairós and ákairos, as well as the deep pattern of chaos and order/creation in Job.

Keywords:ákairos; Antonio Negri; kairós; Marxism

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.6 The Creation of the Vocabulary of Aesthetics in Meiji Japan en

The formation in Japan of the notion of the fine arts in the Western sense of the word took place during the early Meiji period at the same time that the idea of beauty underwent a massive redefinition. The word beauty coming from the West together with an arsenal of concepts belonging to the field of aesthetics forced the Japanese intelligentsia to rethink their cultural heritage in terms of Western ideas. The vocabulary of aesthetics began to be standardized around the basic notion of the fine arts (bijutsu), Ōtsuka contributed to the stabilization of a field which in Japan had been in flux for over thirty years, by reminding his readers that aesthetics could not be separated from the empirical objects of its study: the actual works of art which the newly established scholar known as the aesthetician was asked to discuss in philosophical terms.

Keywords:aesthetics; Japan; Meiji period; vocabulary

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.7 Aesthetics: an Overview en

The association of feelings (aisthesis) with the fallacious world of experience has a long history that goes back to Plato's mistrust of the senses. Alexander Gottlieb Baumgarten was faced with the challenge of formulating a theory of sensibility in which the body could stand shoulder to shoulder with the mind—a science of sensuous cognition investing the sensible world with the perfection of logic. It is only fitting that the present selection of writings on topics related to aesthetics in Japan begins with the discussion of the concept of kokoro, which, as readers learn from Toyo Izutsu, is variously translated as either heart or mind..

Keywords:aesthetics; Japan

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.8 Japanese Aesthetics: the Construction of Meaning en

This chapter shows the role played in medieval Japan by self-contradictory modes of interpretation that privilege both the fluidity of Becoming and the metaphysical presence of Being. When observe the map of the contemporary process of capital accumulation, one cannot fail to notice a concerted effort by unpretentious structures of economic/political manipulation to draw a chart of dispersal in which the consumer is led to believe in his/her own personal empowerment. The Western epistemological tradition of legitimizing knowledge by grounding it in transcendence has been strongly resisted by exponents of weak thought through the centuries. The empathy with nature of mystics such as St. Francis and St. Bonaventure is an instance of the aesthetic relationship between reality and transcendence. The struggle on the part of contemporary Japanese philosophers to harmonize the inconsistencies of the two systems into a native post-postmodern epistemology is far from complete.

Keywords:epistemology; Japanese aesthetics

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.9 Japan's Missing Alternative: Weak Thought and the Hermeneutics of Slimness en

The harsh economic reality that has confronted the humanities in Western universities during the past few decades is literally threatening the survival of fields of knowledge whose immediate applicability to the market is increasingly less apparent. The mythology of truth was broadly welcomed in so far as it provided the world with clarity, stability, and certainty. Weak thought alerts one to the fact that all hermeneutical attempts aiming at deciphering or unmasking a text are premised in a deeply rooted belief that strong truths do indeed exist. The field of aesthetics played a major role in the formation of modern nations, since it managed to bring to order the confusion of particularity under the heading of universality. This chapter outlines the relationship between metaphysics, a strong subjectivity, and violence. This relationship becomes all the more clear when look at works written by Japanese aestheticians in the thirties and forties.

Keywords:aesthetics; Japanese hermeneutics; metaphysics; weak thought

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.11 Coincidentia Oppositorium: the Greek Genealogies of Japan en

This chapter begins with author question that how a Third World country—as it could be argued Japan was until recent times—could stand up economically and culturally to the giants of the technologically advanced world. It is concerned mainly with cultural questions, author could answer by emphasizing the idea of eclecticism that allows the incorporation of the advanced Other into the explanation of the backward self. One method would be the use in Japan of Hegel's synthetic process, in which opposites are overcome for the sake of a third, more universal alternative. The chapter analyzes Ōnishi's application of the method of coincidentia oppositorum to his reading of ancient Japan, which Ōnishi identifies as the time of the compilation of ancient prayers and poems appearing in the collection known as Ten Thousand Leaves-approximately the seventh and eighth centuries.

Keywords:coincidentia oppositorum; Japan

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.17 Conrad Fiedler and the Aesthetics of the Kyōto School en

The name of Conrad Fiedler, the founder of Kunstwissenschaft, continues to draw attention among Japanese scholars of aesthetics and art history, although Fiedler did not have any special ties with either Japan or the Japanese world of the plastic arts. According to Fiedler there are only two ways to grasp reality—a reality that he described as a play (Spiel) in constant transformation: 1) by either giving it a name through language, or 2) by entrusting vision with the task of bringing reality into visibility. Nishida Kitarō played a major role in bringing Fiedler's scholarly achievements to the attention of Japanese scholars. Expression became a key word in the art theory of Ueda Juzō, a younger colleague of Nishida Kitarō at the University of Kyoto where Ueda was in charge of courses in aesthetics from 1912 until his retirement in 1946.

Keywords:Aesthetics; Conrad Fiedler; Kyoto; Nishida Kitarō; Ueda Juzō

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.18 On Japanese Things and Words: an Answer to Heidegger's Question en

This chapter will elicits from the voices of a few Japanese philosophers answers to Martin Heidegger's question that Tezuka did not explore and that were most probably unknown to Heidegger himself—answers that might have encouraged Heidegger to write the dialogue differently without, however, changing the main thrust of his argument. In a sense, the Japanese language was finding itself in the same position as the German language had found itself at the time of Goethe and Hegel. The difference between mono and koto has also been addressed by one of Japan's leading psychopathologists, Kimura Bin, in the book Jikan to jiko. Human beings are mono, like anything else with the potential of becoming the object of someone's gaze. On the other hand, Things (koto) bring with themselves a high degree of anxiety since they cannot be reduced to the fixed pattern of an object (mono).

Keywords:Japanese philosophers; Martin Heidegger

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.22 A Dialogue on Language Between a Japanese and an Inquirer: Kuki Shuzo's Version en

This chapter talks about the Dialogue on Language Between a Japanese and an Inquirer which the German philosopher Martin Heidegger (1889–1976) wrote in 1959, and which appears in On the Way to Language. The dialogue begins with a reference to the Japanese philosopher Kuki Shūzō (1888–1941), who had met Heidegger in 1927 at the house of Heidegger's teacher, Edmund Husserl. However, author believes that it is possible to elicit Kuki's critique of Heidegger from Kuki's writings, although he was too polite to confront the venerable master in any direct way. The chapter elicit this critique using the poetry which Kuki wrote during his extensive stay in Europe from fall 1921 until December 1928. The challenge that Kuki's thought presented to the homogeneity of Western constructions of the other was actually based on a series of deconstructions which were quite in tune with Heidegger's project of dismantling metaphysics.

Keywords:inquirer; Japanese; Kuki Shūzō

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.23 Frameworks of Meaning: Old Aesthetic Categories and the Present en

The Aristotelian scheme of subject and predicate allowed Karl Groos to define aesthetic categories as substantive forms of predicatives used in aesthetic judgment. Next to beauty, one could find the pleasant and graceful from a sensorial point of view, or the sublime and tragic from the emotional point of view. There are important facets to Kuki Shūzō use of aesthetic categories. His philosophy of sustained tension, transcendental possibility, and contingency is a stern critique of Western philosophies of homogeneity, and a frontal attack against racism. The conflicting elements of reality are harmonized within aesthetic categories which, in Ōnishi's case, overcome the particularism of language, nation, and ethnicity, by simply displacing this particularism into an amorphous and neutered universalism.

Keywords:aesthetic categories; Kuki Shūzō

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.30 Paradoxes of Reclusion: Between Aesthetics and Anti-Aesthetics en

Reclusion imposes the tolls of forgetfulness of self and others, and of dissolution of the self into nothingness. In Japan, the idea of reclusion was brought to the attention of modern readers by scholars who found in pre-modern times, especially medieval times, samples of reclusive lives. The paradox of expression derives from the paradox of apparently contradictory spaces: the court on one side, and a no-land of reclusion on the other. The space of reclusion is a fiction that discloses the co-presence of a courtly aesthetics of refinement and politeness on the one hand, and an anti-aesthetics of desolation and destruction brought about by nature and human conflict on the other. The aesthetic encounters a major obstacle when it faces a barren field of destruction and desolation from which it can only retreat in despair, as in the case of the confrontation of narrative with the atomic conflagration.

Keywords:aesthetics; anti-aesthetics; reclusion

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.31 The Dissolution of Meaning: Towards an Aesthetics of Non-Sense en

This chapter raises the issue of the relationship between text and interpretation in the case of texts whose ultimate purpose is utmost resistance to interpretation. It begins with a historical outline of efforts made by hermeneuticians from Johann Dannhauer to Hans-Georg Gadamer to explicate the concept of meaning. The chapter, then, turns to critiques of hermeneutics on the part of Martin Heidegger and Susan Sontag, and the challenges that the field is currently experiencing in the American academia for having been associated with conservative, male-biased, homogeneously non-hybrid, homophobic, colonial, capitalistic enterprises. With modernity, and even more so in post-modernity, the artworks of the avant-gardes have dictated and inspired aesthetic/hermeneutical discourses, constantly forcing aesthetics and hermeneutics to re-think their basic premises. The chapter examines works by the Taiwanese-American artist Shu Lea Cheang, and the Japanese artists Yanagi Yukinori and Nagasawa Nobuho.

Keywords:aesthetics; hermeneutical discourses; Martin Heidegger

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.32 Hermeneutics of Emplacement: on Places, Cuts, and Promises en

The spatial underpinnings of Nishida Kitarō's (1870–1945) theory of time are an essential guide to a reassessment of the importance that the concepts of space and place have played, and continue to play in Japan. If place in the form of basho plays a major role in Nishida's thought, one inevitably expects from him the development of a spatial theory of temporality. This chapter discusses the spatial elements of Nishida's notion of time. The eternal nature of time is underscored in Plato's theory of temporality. The association of Japan with nature and of artificiality with an other coming from the outside are the structural elements of kire—elements which become suspicious because of the artificial associations inherited from centuries of nativist discourses. O-yakusoku is the mechanism that creates the pleasure deriving from understanding.

Keywords:basho; kire; Nishida Kitarō's; O-yakusoku

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.33 The Hermeneutical Challenge en

When look at the development of hermeneutics in the twentieth century, especially the work of Martin Heidegger and his student Hans-Georg Gadamer, one can see a strong opposition to the idea of reducing the human sciences to epistemological constructs that can be explained with the methodologies of the natural sciences. Aesthetic consciousness deprives the work of art of its being since it takes away from the work of art its moral and cognitive dimensions, leading to the autonomy of art which is a characteristic of modernism. Language possesses a human logic that does not follow the model of logical demonstration. The Heideggerian insight into the hermeneutical circle allowed Gadamer to rescue the idea of tradition from all negative shadows that the Enlighteners had cast upon it: the interpreter always belongs to the object of understanding; whether he likes or not, he is tradition.

Keywords:Hans-Georg Gadamer; hermeneutics; Martin Heidegger

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.38 Place of Poetry, Place in Poetry: on Rulers, Poets, and Gods en

This chapter talks about a poem from the Man’yōshū which commentators have traditionally associated with one of the thirty-one journeys that Empress Jitō made to her beloved detached palace in Yoshino, the southern part of the Yamato province. It presents a technique that is extremely attentive to language, especially to poetic language, considering the fact that poetry and etymology share the same interest in probing the depth of language. The level of honorifics employed to express the poet's position and the gods' position towards the ruler is completely different. In order to describe the imperial apotheosis the poet must be part of it; he must participate in the imperial acts, since he must record them. The poet allots to poetic expression a loftier position than the one assigned to the earthly gods.

Keywords:gods; Man’yōshū; poetry; ruler

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.39 Playing with Japanese Songs: Politics or Pleasure? en

This chapter presents some pointers for the reading of Japanese poems which are meant to indicate a few of the difficulties in the process of interpretation. Once look at the alleged first Japanese song, one can actually find two different versions which appear in two of the most ancient chronicles of Japan, the Kojiki and the Nihon Shoki. Essays on poetry known in Japanese as karon (debates on poetry) agree that the source of poetry in the Yamato language is a poem by a deity, Susanoo no Mikoto, the mischievous brother of the Sun Goddess Amaterasu. It would be difficult to find an aesthetic reading of poetry that is not informed by some ideological agenda. When it comes to Chinese and Japanese poetry, the rule of thumb suggests that while Chinese poetry is overtly political, Japanese poetry is about cherry blossoms and willow trees.

Keywords:cherry blossoms; Japanese song; Yamato language

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.40 Continuity in Discontinuity: Thinking the Tale of Genji with Japanese Thinkers en

The Genji was a wide and deep source of nourishment for poetry, of course, and for the fine arts and handicrafts as well, and even for landscape gardening. The aestheticization of The Tale of Genji began in the eighteenth-century with the formulation of the most well-known theory of this tale, Motoori Norinaga's (1730–1801) theory of mono no aware (the pathos of things). Takahashi links the notion of the 'aesthetic category' with the concepts of 'nation' and 'race' whose boundaries are kept hermetically sealed like the impervious walls of an aesthetic category. The self constituted as a separate entity from the environment is a rather late discovery in Japan—the result of negotiations with Western philosophies of individualism.

Keywords:aestheticization; Japan; Takahashi; The Tale of Genji

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.46 The Aesthetics of Tradition: Making the Past Present en

The poets' actual concern was mainly poetic in the sense that they aimed at creating the language of poetry, and making poetic language work differently from other types of language. To summarise the hermeneutical strategies followed in the past and in the present to explain Fujiwara Teika's verse, one can say that in the past, a rhetoric was discovered in the poem that reminded readers of the paradoxical logic of a developing Buddhist school which was struggling for recognition at a time when the literati in the capital were not particularly impressed with the antics of Zen masters. In the present, the vocabulary of aesthetics is consistently used to talk about the poem in terms of aesthetic categories while, at the same time, grounding local aesthetic categories in the Buddhist logic of negation—a logic that came to structure the philosophy of nothingness proposed in Japan in the 20th century.

Keywords:aesthetic categories; Fujiwara Teika

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.54 Nativist Hermeneutics: the Interpretative Strategies of Motoori Norinaga and Fujitani Mitsue en

This chapter analyzes a few hermeneutical strategies used by two major members of the Nativist movement, Motoori Norinaga (1730–1801) and Fujitani Mitsue (1768–1823) in addressing the notion of Japanese poetry. Motoori's privileging of speech/action over representation/object was rooted in his attempt to distinguish native speech from the alien continental script inherited from China. Poetic language restores life to a body deeply threatened by overwhelming passions. The language of mono no aware provided Motoori with a universal pattern of signification beyond the articulation of language into words and sentences. The respect of the public rule— worship of the deity, for example—in a moment of personal crisis might well move the heart of the god if the expression of worship is sincere.

Keywords:China; Fujitani Mitsue; hermeneutical strategies; Motoori Norinaga

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.58 Fields of Contention: Philology (Bunkengaku) and the Philosophy of Literature (Bungeigaku) en

It is not uncommon to find in Japanese universities today a mutual suspicion between scholars of national literature (kokubungaku), whose field of expertise is mainly the Japanese classics, and the more philosophically-oriented scholars of aesthetics (bigaku), who are trained in Western philosophy and often write on the Japanese classics. This struggle is then reproduced in American and European academic institutions concerned with Japanese studies, where scholars are asked to join a specific camp, either Japanese literature or Japanese thought, sending to comparative literature those who have been rejected by both the hard-line philologists and the hard-line philosophers. This chapter outlines the major issues related to this struggle by focusing on the formation of the Japanese field of classical literature that to this day is dominated by the philological approach and yet heavily borrowed from the aestheticians's vocabulary to talk about the classics..

Keywords:aesthetics; classical literature; philology

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.59 The Poetry of Aizu Yaichi en

It is no wonder that Aizu Yaichi, also known by the pen name Shuso Dojin, whose love for Greek culture was nurtured by the Romantic bent of his teacher Lafcadio Hearn, would turn to the Yamato region in his frantic search for the origins of Japanese culture. With regard to the order of the sites visited in Nara and the Nara basin, author followed the same trajectory that Aizu indicated in Nankyō Shinshō. The author added poems from other collections as well, in order to give readers a better sense of Aizu's description of the major holy sites to which he refers in his poetry. Aizu's poetry, which soon became very popular, and his efforts to preserve the monuments of the ancient city were powerful contributors to the establishment of Nara as a cultural icon in the modern age.

Keywords:Aizu Yaichi; Japanese culture; poetry

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.62 Poetry and Poetics in Tension: Kuki Shūzō's French and German Connections en

Kuki Shūzō (1888–1941), one of Japan's most original thinkers of the twentieth century, has been the object of divided critical evaluations since the time he published a work that was destined to make him a truly popular philosopher, rather than simply an academic one: Iki no Kōzō. This chapter addresses Kuki's connections with French and German philosophies in relation to his poetry and his essays on poetry. It points out how the tension between poetry and poetics in Kuki's production and discussion of poetry is related to his eclectic attempt to create a philosophy which incorporates philosophical elements that, far from being integrated in a cohesive unity, stand in striking opposition to each other, bringing each other into sets of mutual contradictions. Kuki's poetry challenges all the major themes of metaphysics sustaining Western thought: necessity, causality, the primacy of identity, sameness, and completion.

Keywords:French philosophy; German philosophy; Japan; Kuki Shūzō

9789004189775 10.1163/ej.9789004189775.i-505 Essays on Japan Between Aesthetics and Literature en 10.1163/ej.9789004189775.i-505.63 History and Comparability en

In the 1980s and 1990s the word Japaneseness became an obsession. It was difficult to go to a conference and not hear the word Japaneseness splashed all over the room, with the obvious implication that we were too smart and too critical not to notice the imperialistic underpinnings of Japaneseness. The operations in dealing with Japan from a critical perspective reminded me of the aesthetic process in which an observer is posited as a subject who is empowered to do whatever he or she likes with the object under scrutiny. No one seemed to be concerned too much with turning a painting (or Japan) into an object without ever allowing the painting to turn the observer into an object.

Keywords:aesthetic process; Japan

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.2 Introduction en

This chapter focuses on the historical dimensions of integration and conflict in the region, and relates them to different varieties and strategies of social interaction, thereby filling with life the consummation of the marriage between anthropology and history. It explores how social life was changed by influences from the outside (colonialism, migration, trade) and how such changes in society at large were related to changes in processes of integration and conflict. The chapter investigates the strategies which are chosen to navigate conflicts and (re-)integration, both in past and present situations and whether and how the ways of dealing with conflict and integration reproduce themselves, not in the sense of preserving sameness, but in that of guaranteeing continuity by allowing for the adaptations and changes necessary for the social and cultural system as a whole to survive.

Keywords:Anthropology; colonialism; conflict; cultural system; social system

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.7 Patrimonial Logic of Centrifugal Forces in the Political History of the Upper Guinea Coast en

This chapter develops a patrimonial model of shifting political relations between central and subordinate authority-levels in the history of territorial settlements on the Upper Guinea Coast. The model-drawn from Weberian political sociology-identifies centrifugal tensions in those relations, and provides a heuristic for analyzing regional causal factors shaping political change. The argument highlights the paradox of patrimonial systems, namely the political and ideological mechanisms used to create social integration-political and economic reciprocity between patrons and clients, the charisma of patrimonial rulers, clientalist personal loyalty and support, patriarchical ethos, gerontocracy, etc -are the same mechanisms structuring conflict and instability when a changing political economy provides new resources and opportunities, or constraints. The Weberian patrimonial model provides an important key to solving that paradox.

Keywords:centrifugal forces; patrimonial model; Upper Guinea Coast

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.28 Kouankan and the Guinea-Liberian Border en

This chapter examines the history of the Guinea-Liberian border through the lens of the small Guinean town of Kouankan, which is located some 25km from the border with Liberia. It attempts to discern how discourses and practices shaped by political economic conflicts in nineteenth century have themselves endured to shape conflicts in the twentieth century. The chapter reviews events surrounding the refugee camp in Kouankan. It then considers the history and foundation of Kouankan in regional context, and how this is significant to the ways ethnicities have become constructed in the region. Whilst the Condo confederation was a heterogeneous political confederation, the Kamara clan of Diomande appears to have been important to its establishment. During the second half of the nineteenth century Kuankan and Musadu were drawn into conflicts linked to Islamic state building.

Keywords:Condo confederation; Guinea-Liberian Border; Kouankan; Musadu; nineteenth century; refugees

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.35 A Saucy Town? Regional Histories of Conflict, Collusion, and Commerce in the Making of aSoutheastern Liberian Polity en

Liberia was settled during the nineteenth century by freed blacks, mainly from America, whose power was broken by a coup in 1980. Sharing languages and cultures with their neighbours in today's western Ivory Coast, the peoples of the region helped to shape the Liberian state. This chapter outlines the making of a polity, Sasstown, in Grand Kru County, southeastern Liberia, a region with common linguistic and cultural affinities, and common coastal histories, extending eastwards into Cote d'Ivoire, conventionally to the Bandama River. A couple of linguistic islands, Dey and Belle, still further west, presumably attest to a former extension of Kru language speakers confronted earlier by the West Atlantic/Mel and Mande speakers who developed communities around them. Transport had become a massive problem of the southeast, hampering attempts to develop local cash crops.

Keywords:America; Kru language; nineteenth century; Sasstown; southeastern Liberia

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.46 'Traditional' Jola Peacemaking: From the Perspectives of an Historian and an Anthropologist en

This chapter discusses the historical and cultural roots of reconciliation and peace in contemporary Casamance, Senegal. Local actors in the peace process situate themselves as the heirs of indigenous tradition. Regarding the recent efforts to end the civil strife that has afflicted the Casamance since 1982, we find ourselves in the position of having different perspectives: one of us is an anthropologist, while the other is both an historian and a participant, though admittedly to a limited extent in terms of the latter category. The chapter talks about traditional peacemakers, or at least about what 'traditional' means in this context. The women's organization Usoforal (Comité Régional de Solidarité des Femmes), for example, anchors its social role in working for peace in a conscious and direct reference to the longstanding efforts of women in Lower Casamance society in working to limit or end conflicts.

Keywords:anthropologist; traditional peacemakers; women's organization

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.52 The Creole Idea of Nation and its Predicaments: The Case of Guinea-Bissau en

This chapter outlines the major contemporary projects for the nation in Guinea-Bissau and the dilemmas and contradictions their proponents experience in trying to implement them. It claims that the idea of nation has been constructed by Guinean Creole society since the mid 1950s as a way to overcome its subordinate position within in the colonial political structure. However, after independence, the incapacity of Creole institutions to incorporate a mass of people from rural communities, the centrifugal forces of patrimonial politics and ideology as well as the contingencies of international political economy created a gap between the actual experience of nation building and the collective narratives that frame and organize social practices. That being so, Creole society is challenged by the predicament of having no conceptual repertoire to frame the experience of building the imagined community that is the nation.

Keywords:Creole society; Guinea-Bissau; international political economy; patrimonial politics

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.59 The Mutual Assimilation of Elites: The Development of Secret Societies in Twentieth Century Liberian Politics en

The territory that became internationally recognized as the Republic of Liberia from 1847 appears to have a long history of initiation societies that predates the modern state. The most famous such society is the men's society, Poro, that has been widespread in the north of the country since before the republican period. Initiation societies were used by politicians and officials of the Republic of Liberia during the twentieth century as part of the apparatus of indirect rule, both formally and informally, and had a demonstrable effect on both the style and the institutional development of the Republic. The Upper Guinea Coast contains a number of distinct communities that have only a relatively recent history of bureaucratic governance, and of its close associate, the use of writing for administrative purposes.

Keywords:bureaucratic governance; Republic of Liberia; Upper Guinea Coast

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.66 Out of Hiding? Strategies of Empowering the Past in the Reconstruction of Krio Identity en

The Krio are the descendants of liberated slaves in Sierra Leone who, on the background of heterogenous origins, developed and maintained a new common ethnic identity. However, in recent years, since the end of the civil war, an increasing number of Krio have become more engaged in public discourse and involved in political activities on the national level. The historical dimension of diaspora in Krio identity is, of course, particularly obvious and evident, with many ancestors of the Krio having come from the Americas or from other places outside Sierra Leone. Thus, Africanizing 'Yoruba-style' is not so much aimed at becoming a 'regular' Sierra Leonean, but at Africanizing Krio elitism. The pidgin potential can be generated in relation to creole ethnogenesis, over the course of which native peoples and characteristics were integrated into the emerging creole group and culture.

Keywords:civil war; diaspora; Krio identity; pidgin potential; Yoruba

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.98 Victims and Heroes: Manding Historical Imagination in a Conflict-Ridden Border Region (Liberia-Guinea) en

Victimization, autochthony and citizenship, power, and nation-building constitute recurrent, interrelated themes in post-war Manding historical memory in the border area between Liberia and Guinea. While the perceived history of the Manding diverges from academic, historical knowledge as well as from neighbouring peoples' recollection of the past, it informs about the position and role of the marginalized, but at the same time military victorious Manding in a reshuffled Liberian political culture. This chapter suggests that contemporary Mande memory work serves a double purpose. On the one hand, Manding historical imagination gives expression to political ambitions and conveys claims to a number of basic civic rights, including citizenship. On the other, there is a moral value to heroic memories of the past as a means to recreate communal life and to come to terms with the experience of prolonged years of political marginalisation, violent deatch, loss of property and exile.

Keywords:communal life; Guinea; Liberia; Mande memory work; political marginalisation; Victimization

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.107 Are 'Child Soldiers' in Sierra Leone a New Phenomenon? en

This chapter investigates the question of continuity and change in intergenerational relations and conflict in Sierra Leone. What light can be shed on the modern phenomenon of child soldiering by a historical analysis of the participation of children in war? Four eras of Sierra Leone's history the pre-colonial, early colonial, late colonial and early independence eras are examined. Although their participation has shifted in meaning and in substance over the years as the nature of war has shifted, two themes emerge. First, their participation taken place under the rubric of apprenticeship to powerful warriors. Second, in a gerontocracy, 'youth' is not simply a biological category; it is most productively understood as a political category. The chapter ends with reflections on the agency of children in war, and discusses whether they are better seen as the dupes of their elders or as a class for themselves.

Keywords:child soldier; gerontocracy; Sierra Leone

9789004190009 10.1163/ej.9789004190009.i-375 The Powerful Presence of the Past Integration and Conflict along the Upper Guinea Coast en 10.1163/ej.9789004190009.i-375.116 Generating Rebels and Soldiers: On the Socio-Economic Crisis of Rural Youth in Sierra Leone before the War en

There seems little doubt that the oppressive and collapsing Sierra Leonean state contributed to the outbreak of the country's decade-long armed conflict. However, according to Sierra Leonean ex-combatants there was an additional crisis; widespread exploitation of young people's labour by rural elites misusing customary law. This chapter reviews evidence concerning the history of the rural society, and the role of the state in shaping that history. It argues that the political economy of rural Sierra Leone from the colonial period is dominated by unresolved tensions between land-holding elites and dislocated peasants or 'strangers.' Post-domestic slavery conditions of social dependency and vagrancy reproduced themselves across generations giving birth to a young rural underclass, ripe for militia recruitment.

Keywords:armed conflict; colonial period; customary law; political economy; rural society; Sierra Leone; Socio-Economic Crisis

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.2 Introduction en

This book recognize the advantages of a bureaucratized society for economic growth and its costs in terms of a loss in chances for close personal, or even just neighborly, relationships. In fact America is in many ways less of a bureaucratic society, more concerned with protecting the diversity of local cultures against the social engineering schemes of central government. Creating a way of life that avoids the necessity for extreme measures for emotional relief, a way of life that ensures the avoidance of extremes of emotional impulsiveness and emotional repression should be the goal for modern morality and modern religion. In summary regarding the useful psychological understandings that underlay this book, though traditional societies often fear the effects of being hyperemotional and thus impulsive the modern version of this more likely results from attempts to compensate for emotional repression through use of artificial stimulants.

Keywords:America; bureaucratized society; modern religion

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.4 Values from a Pragmatic Perspective en

One way to look at the change in social environment that produces human values is to notice that the traditional, intimate social environment known as community was and is one where people know each other in depth, while the modern, bureaucratized social environment known as association is one where certain specialists know about certain things in depth, and the mass of people do not share common knowledge about much of anything. The modern world seems especially to offer greater opportunities for social morality and bureaucratic expertise allows allocating wealth from society at large in complex ways, but offers fewer opportunities for interpersonal morality. When Latin American immigrants come to the US the weakening of authoritarian family and church control over their children doesn't automatically produce self-control. The pragmatic means for nudging social evolution in the right direction has much to do with what politics, and political sociology.

Keywords:Latin American immigrants; modern world; social morality

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.5 Alienation: the Short Version en

In terms of cultural ideals, less so in terms of cultural practices which reflected the European class system, 18th century American society and European society of the same era were much alike. As of now American society is just too atomized for such sociability occasions to occur on a regular basis and Americans, in their competitive individualism, tend to find such fawning demeaning. There are many societies where a sense of social order maintained by a religious tradition, when that tradition declined, nevertheless coasted along on the basis of sheer cultural conformity, nationalism in fact. Improving the moral quality and ability of elites as a substitute for just keeping even more power out of their hands is considered a viable alternative to tyranny in some societies, but not in America.

Keywords:American society; European society; individualism; sociability

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.6 Prospects for Democracy: Individualism/collectivism as Sources of Association/community en

The intellectualization of government policies is the direct result of government being far removed in experience and perspective from the people they serve, so that intellectualizing and ideology are used to fill in the gaps, which is a quite definite mixed blessing. It should be remembered that individualism in societies, which at an extreme can produce narcissistic individuals, and collectivism in societies which at an extreme can produce authoritarian individuals, are only opposites at the extremes, and also tend to be extremely unstable. For all the idealization of democracy in both Europe and America, there is little enthusiasm among elites for expansion of direct, as opposed to representative, democracy. Thus political families in traditional societies tend to be from prestigious and acclaimed families.

Keywords:America; collectivism; democracy; Europe; individualism

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.7 Character and Civil Society en

Many of the themes found in the Prospects for Democracy: Individualism/Collectivism as Sources of Association/ Community is presented in this chapter with the emphasis on how values reflect what an aroused citizenry, or an apathetic citizenry, are concerned about or not, and why. One way to relate the structure of a society to the characters of the people who make up that society is to notice the kinds of things Emile Durkheim emphasized in his famous book, The Division of Labor in Society. Initiative in government typically derives from (1) paternalism from elites, (2) limited government derived from local initiatives and responsibilities that combines paternalism from elites, particularly through bureaucratic means, with democratic oversight and (3) direct democratic input from the mass of people that is reflected at the local and/or national levels.

Keywords:civil society; paternalism

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.8 Ethics for an Impersonal Age en

By the end of the 18th century the Founding Fathers of the American Revolution, that succeeded, and the philosophes who prepared the stage for the French Revolution, that ultimately failed, were increasingly thinking of society in general as refl ecting the clockwork mechanisms of Newtonian mechanics, and which would be made more efficient as long as the parts of that machine, people, were kept rational in the service of their own interests and that of society at large. Max Weber wanted to keep the benefits of personal responsibility and even personal sociability, as well as the benefits of bureaucratic efficiency. Modern social science increasingly conceives of people only as relatively impersonal consumers, and analyzes this situation in eit.

Keywords:impersonal age; Max Weber

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.9 The Place of Optimism in American Life en

America has been known as the happy land to outsiders, the source of wonder because as Bismarck supposedly said God offers a special benevolence to fools, drunks, and the United States of America. In summary, as the maldistribution of income grew in France, even as the total amount of wealth increased, trickling down as it were on the heads of the common people, intellectuals dreamed of bureaucracies that could bring their visions into fruition. Historically, America has relied more on the good sense of the average citizen in approving public policy than on the good sense of elites, even when paradoxically this depends on the average citizen exercising self-restraint so as not to interfere with the bureaucratic expertise of elites upon which the modern economy, and modern government, rests.

Keywords:American life; bureaucracies; Optimism

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.10 The Rationality of Psychological Fulfillment in Adolescents' Lives: the Production of Personal Relationships and Self-Identity en

This chapter mentions first, however, some things about the adolescent personality. It discusses what is meant by character in the human context, and how societies develop social fail-safe systems to correct errors in personal psychological functioning, and vice-versa in producing reasons for personal rebellion (since societies themselves can have their own errors so that social and other environmental constraints can mold personalities in unhealthy directions). The chapter also examines these processes to serve as a reminder for works in the social and behavioral sciences and the humanities, that in their time proved highly enlightening, and still do, but just as ignorance or just plain forgetfulness is a factor in individual life, so is it also a factor in social life and in the history of social institutions including fields of knowledge.

Keywords:adolescents; personal relationships; psychological fulfillment; rationality

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.11 Nihilism: East and West en

The 20th century, and now into the 21st century, has seen the fulfillment of both greatest desires and greatest nightmares, for it was the century of ambition. This is certainly true of the West, and expects the rest of the world to catch up, in wealth and perhaps in Faustian bargains as well. Thus Nazi Germany was in many ways a nihilistic Nietzchian state, while Imperial Japan of that era was merely an imperialistic one. The leaders of Imperial Japan of same era were also somewhat like Homeric warriors in their own ideals, yet whatever sadism they encouraged or overlooked under stress, the Rape of Nanking and the brutalities upon the evacuation of Manila come to mind, they seemed to produce more sins of omission than commission. The weakness of modern community is real, and doing nothing about it which is the modern American solution has its costs as well.

Keywords:imperial Japan; Nazi Germany; Nihilism

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.12 Making Friends in the Non-Western World en

The criticisms of the Islamic world as a prototype for problems with the non-Western world in general, though it is understood there are many cultures in the non-Western world and they are not all alike. For that matter, the dislike of some aspects of American culture in the Islamic world involves criticisms, whether they realize it or not, which one makes about themselves. The puritanism of both Islamic and Anglo-American Protestant cultures is such that the emphasis is more on avoiding sin, not seeking forgiveness from someone in authority. Actually Americans are in some ways just as fatalistic as Arabs, but the Arabs are fatalistic about their social loyalties. Political cultures are influenced by the cultural institutions that determine how manners, morals, and customs are learned and enforced.

Keywords:Anglo-American protestant; Islamic world; non-Western world

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.13 Aspects of Hysteria in America, Brazil, Germany, and Africa en

One way to look at hysteria of the sort commonly found in individualistic societies such as America is to note that with the decline of faith in individualism as a social ideology, decline in faith that money can buy happiness, decline in faith that acquaintanceship leads to strong social camaraderie, as well as the results of individual sources of unhappiness, the result can be extreme hedonism, experimentation with sexual identity and serial monogamy. Reactions to stress in Africa may tend towards the individualistic forms, just like in America, but more likely are the more collectivistic forms reflecting the collectivistic traditions innate to African cultures. One can say that Americans have a romanticized view of achieved status, even one as modern as that found in Germany, have a romanticized view of ascribed status, at least concerning the family and old friendships dating back to childhood.

Keywords:Africa; America; Germany; hysteria

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.14 Figurehead Politicians and Democracy en

The politicians of the American Revolution saw the European leadership class as figureheads, people who did not earn their positions in society, but kept them through reimbursed advisors, who did the real work while their patrons engaged in public relations stunts. Symbolic morality has driven out practical morality in certain ways and that include affirmative action, law as blackmail, education, make-work instead of helping the poor and business morality as public relations. Social order nowadays mostly comes through the desires of elites to maintain control, desires which at least in the short run tend to be more effective than the desires of the mass of people which are filtered through their representatives, or sometimes their rulers, direct democracy being almost unknown in the modern world.

Keywords:American revolution; democracy; European leadership; figurehead politicians

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.15 Social Engineering and Public Relations Stunts en

It is always odd to learn about democracy from elites. This is especially true when they are politicians who distort the nature of democracy in their rhetoric. The theory of American government originally was that the notables of the community would be elected by acclamation, which is another way of saying people would know who they were voting for. One of course learns that merely having money in one's pocket cannot buy happiness, that some kinds of happiness really do require social cooperation, that in fact social disorder can create jobs to repair this disorder without creating happiness to any great degree. Competency in leadership, as opposed to public relations stunts, is what determines that the people who deserve to be helped are helped, and not merely those with the most aggressive lobbyists.

Keywords:democracy; politicians; public relations stunts; social cooperation

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.16 Liberalism at the Crossroads en

All presidential elections in America are treated as if the nation is at a crossroads, and even if the election eventually confirms that no election makes much of a difference in the short run, there are nevertheless long-term changes in culture and politics, and in that sense an election often represent resistance or confirmation of these changes. A very interesting discussion of the whole historical process in America is The Rise of American Democracy: Jefferson to Lincoln. The earlier America feared a strong central government, but not a strong local government, and certainly not strong families. The original meaning of liberalism meant tolerance and reasoning together in order to eventually work together for the common good. Liberalism has become a tolerance not for self-directed civil society, nor for the independence of individuals and communities, but a tolerance for bureaucratic intrusions for good and for ill.

Keywords:American democracy; liberalism

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.17 What Does the Working Class Really Want? en

Talking about the American working class, an influential group claim to speak for them and proceed to drown them out, is difficult because they tend to be mute, to be acted upon rather than be actors. Certainly the American colonies, and then the early Republic, had no patience for a class of libertines or even of the idle rich to rule over them. The major issue in determining the effectiveness of democracy has always been the existence of the right to vote, and the existence of people to vote for, a system for communities to throw up people to represent them rather than people who are out to represent themselves, turning it into another job. Thomas Jefferson said the working class wants some control over their lives, the kind of dignity which cannot be bought as a commodity though it can be produced through a social contract that produces cooperation.

Keywords:American working class; democracy; Thomas Jefferson

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.18 Foolish Ritualism and Democracy en

Foolish ritualism is much more dangerous in politics and in law, when for example legislatures pass laws so badly written that they rarely specify Who, What, Where, When, and How some dispossessed group should be made whole. This opens the door for judges who really are like monarchs, with badly written laws to spur them on to ordering people around. In traditional Latin America the living reality of a kind of feudalism meant that the rich had ongoing social relationships, but because of extreme maldistribution of power, the rich were also constantly having their egos massaged, which made them pretty happy if not exactly moral. A foolish ritualism can develop in societies plagued by endless feuding as a means to keep it under control, but this ritualism in some ways does not teach the inner self, it develops social order more than it develops the personality.

Keywords:foolish ritualism; traditional Latin America

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.19 The Place of Law in a Democracy en

For tribal societies, law is custom and custom is law, and the purpose of these customary laws may be forgotten, usually regarding the minor ones, but for the major ones they are obvious as everything else is in a society which holds few secrets from its members. That's why theft is nonexistent in a society where nothing can be hidden, where everything anyone owns is known to everyone else who cares to look, and often can be borrowed just for the asking. The ultimate level of analysis for describing what the place of law in a democracy is to describe what is the relation of law to values, and how does democracy enforce or create or is created by law and values. Socialistic government, more common in Europe, is organized through reliance on bureaucracy and social conventions.

Keywords:customary laws; democracy; socialistic government

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.20 The Star System in America en

The influence of a star system becomes increasingly likely in a society that is competitive but also big and anonymous so that people don't have the chance to get to know each other very well. In America image often ends up what is being judged because competency is just not known or even particularly understood by those doing the judging. In Britain even professors who don't like each other for ethnic and political, essentially snobbish, reasons, can still know each other enough to respect each other professionally. This is possible only when the community of scholars is small enough so that they can get to know each other in order to judge each other's work, in depth rather than just superficially.

Keywords:America; star system

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.21 What is Happiness? the Loss of Human Nature in Psychiatry en

Psychiatry seems to be in a quandary about its subject matter and its efficacy. In author's understanding the pragmatics of personality that is of motivation and choice has been split in the world of academic specialization that feeds into psychiatry into emphasis on motivation in a vacuum that is personality as determined by chemical processes, and choice as an object of intellectual contemplation. Thomas Jefferson, founder of the American democratic philosophy of government, and others of his generation, believed that government should be concerned with carrying out the goals, but not substituting for the goals, of community. To give an example more relevant to psychiatry, at one time psychoanalysis had hoped to use verbal discussion to achieve direct access to the emotions, an access which would allow for changing emotions, both through rational and irrational means.

Keywords:psychiatry; psychoanalysis; Thomas Jefferson

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.22 The Lowering of Professional Standards in America en

To learn the state of professional standards in America is to learn much about the prospects for successful social reforms. In this chapter, the author summarizes some of the problems, particularly the tendencies toward foolish ritualism and image-management rather than competence that dogs all the major professions nowadays, and in many parts of the world. In social terms, professionals are increasingly businesspeople whose source of respectability is no longer any sense of honor, but merely the showing off of their wealth. To reintroduce standards is to reintroduce a sense of community among both producers and buyers of culture, which is essentially the only way a market mechanism can work. In actuality cultural standards and institutional interests usually rule. In general American culture lends itself toward anti-intellectualism and reliance on formula that it is hoped works in a society which is anonymous and where people don't communicate with much depth.

Keywords:American culture; foolish ritualism; image-management; professional standards

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.23 Liberal and Authoritarian Versions of Democracy en

The US political system ensures choice but not excessive choice, which guarantees stability, but prevents minority ideological views from having impact except through their lobbying efforts. This political system also gives economic growth a kind of sacred quality, making it the touchstone of political compromise, and discourages the kinds of holistic approaches to problems, dealing with many issues simultaneously as well as with the side-effects of proposed solutions, typical of small-scale, gemeinschaft -like societies. There is another way of looking at the difference between competitive, liberal, individualistic societies and non-competitive, authoritarian, collectivistic societies. In collectivistic societies the goals of society are typically those which groups of people can enjoy, while in individualistic societies the goods of society are typically those which individuals enjoy alone.

Keywords:authoritarian societies; gemeinschaft; liberal

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.24 Culture and Civil Society en

Continental European culture, and French culture is certainly a strong example, tends toward strong aristocratic influences, particularly toward accentuating certain small details of life such as social etiquette and esthetic appreciation. This brings a certain fitness and joy to everyday life, such as through tasty cooking or a sense of beauty in the house such as produced by fresh flowers, but weakens concern in the public sphere and in politics which is left to elites. Work is enhanced in importance because it can lead to great social and personal success, eventually. British culture in a sense revolted against much of this, though the British upper class is closest to Continental Europeans in attitudes.

Keywords:British upper class; continental European culture

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.25 Democracy and Civil Society en

Civil society is a formal way of describing all those institutions and social relationships that maintain values in society, like religion, like charity groups, even in some very important aspects the family. Democratic society must also concern itself with values even though much of government regulates social order in a technical sense, like the way the executive branch of government is the traffic cop of society, or the way the legislative branch regulates the zero-sum games of society through its own games which produce winners and losers. The democracy of ancient Sparta was not a political democracy, it was a monarchy, but there was an equality of social condition among the non-serf class. American-style democracy is good at preventing tyranny, and is less efficient at producing ongoing social order.

Keywords:American-style democracy; civil society

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.26 The Ecological Society en

This chapter describes the possibility for politics to end poverty, and the various social problems associated with poverty. The long commutes; longer than is common even in the big cities of Europe, is one important reason why Americans typically have little or no social life during the work week. There is also the need to reintroduce working-class jobs into the inner city. While people in the inner cities desperately need jobs, they for the most part neither has the means to acquire the proper skills, the encouragement to do so, nor even in many case the means to get to work.

Keywords:Americans; ecological society; poverty

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.27 Plutocracy and the Labor Movement en

There has always been a dilemma in American history over whether America should be a consumers democracy or a workers democracy. This was usually resolved in favor of the former. By the time of the Progressive Era at the beginning of the 20th century far less was expected from bosses in terms of paternalism and even moralism than in the early days of the Republic. The Progressive Era was one where rule by disinterested, objective, scientifically-minded professions, and the professionals who made up them, was often touted as the way to return morality and community to an increasingly anonymous society. This chapter discusses plutocracy and the labor movement, and then shows how Prof. Walzer in good liberal fashion discussed in general terms the need for people to reason together for the public good.

Keywords:American history; democracy; labor movement; plutocracy; prof. Walzer

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.28 Industrial Democracy for the 21st Century en

In early America, leaders were expected to represent their, usually poorer, neighbors and thus out of a sense of honor to represent the interests of people quite different from themselves. Industrial Democracy is an alternative to the belief that lack of input on wages and working conditions can be compensated for by the gains workers will get as consumers. One of the major benefits of Industrial Democracy is that it helps society to self-regulate itself without being dependent only on the initiatives of politicians to do so. Industrial Democracy offers the potential not only for informing top management what the workers think, but informing government and society at large about all these little kinks in the marketplace.

Keywords:consumers; industrial democracy; wages

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.29 The Great Weakness of American Government en

Most modern nations have renounced their feudal heritages, though not exactly in the same way and to the same degree. Once Britain and America were much alike in the way they did so, and Continental Europe was different. In France and Japan to this day technical competence is a hallmark of governmental administration, and this is true of most of Western Europe as well. The generalized perspective gained from a liberal arts education was and to a certain extent is the British tradition for future civil servants, especially for the higher ranks. The theory of American politics is that local government should be the most competent because it is the closest to the people, and the Federal government should be the least competent because it is the farthest.

Keywords:American government; Britain; Japan

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.30 Modern and Postmodern Views of Democracy en

Though the ancient world had plenty of belief in the importance of virtue for regulating society, they had much less faith in how to achieve it. These tendencies of the ancient world have reappeared in the modern world. The major difference between America and the Third World is that America is an individualistic land where individual hysterias may coalesce, but rarely mass hysteria. The change in social conditions from those of the 18th century for good and for ill, the increased wealth of both the nation and individuals, but the weakening of feelings of social solidarity is stark. Max Weber at the beginning of the twentieth century became noted for building upon the simplicities of Marxist analysis in order to fill in what they left out.

Keywords:Max Weber's analysis; modern world

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.31 Nation-Building and Social Solidarity en

Much of what one knows about "nation-building" derives from the historical experiences of Europe and America. In a comparison of America and Europe, Europe has government producing social order in areas which the mass of people want, and in areas which only elites want, reflecting their self-serving interests, paternalism, and intellectual fads. The large states of Europe had recent traditions of aristocratic arrogance and militarism lacking in the small states of northern Europe. One reason for ineffective government is when the leaders of democracies are no longer the notables of the communities they represent, but are merely people who run for office as their way of making a living, or occasionally out of boredom or ideological fervor. At times in recent history many people in European states have exhibited romantic nationalism, fantasizing that the state can become like a small, convivial community with state elites functioning like the local aristocracy.

Keywords:European states; nation-building; social solidarity

9789004190276 10.1163/ej.9789004190276.i-398 To Break Our Chains Social Cohesiveness and Modern Democracy en 10.1163/ej.9789004190276.i-398.32 Reason and Morality in Community: Some Conclusions en

This conclusory chapter of the book illustrates some of the ramifications of a pragmatic critical theory, particularly regarding two social developments in America, which makes America less of an exceptional society and less of a model for the rest of the world as America is becoming more like the rest of the world, particularly in its class system. The book can be thought of as building on the insights of Max Weber but going beyond him, providing a meditation on the relation between social cohesiveness, cultural values, and prospects for political democracy. It discusses that there is a difference between management and image-management, and that it is no surprise that experts in image-management get to rise to be figurehead leaders of organizations, and through politics of societies.

Keywords:American government; democracy; Max Weber

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.7 Natural Persons en

This chapter on natural persons (citizens) contains several articles concerning the capacity to possess civil rights, right to dignity, capacity to perform civil acts, adjudication of disappearance, adjudication of death, and domicile. All natural persons' capacities to possess civil rights are equal. If a natural person satisfies one of the following situations, the person with a relevant interest may claim to the People's Court to adjudicate him as dead: a) his whereabouts are unknown for four years; b) his whereabouts are unknown for two years because of an accident. A natural person's domicile shall be the place of residence where he is registered. If his ordinary place of residence differs from the domicile, or the place where his residence is registered is unknown or uncertain, the ordinary place of residence shall be deemed as his domicile.

Keywords:civil rights; natural person's domicile

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.8 Juristic Persons, Unincorporated Associations en

This chapter on juristic persons and unincorporated associations contains several articles concerning the establishment of a juristic person, juristic person's organs, change of a juristic person, disbanding and liquidating a juristic person and unincorporated associations. A juristic person may not be established except in accordance with the law. A profit-making juristic person refers to the juristic person that aims to acquire economic interests and distribute them to its members. The consent organ of a profit-making juristic person which is not a corporation shall be the membership meeting. When the juristic person is divided/merged, its rights and obligations shall be exercised and performed by the resulting changed juristic person. The disbanding of a juristic person is the sole legal cause for the extinguishment of a juristic person's capacity to possess civil rights. A profit-making unincorporated association shall be registered by the management organ of the Administration of Industry and Commerce.

Keywords:civil rights; juristic person; unincorporated associations

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.15 Object of Rights en

This chapter on the object of rights contains sixteen articles concerning the definition of thing, definition of immovable property, definition of movable property, important component, principal thing and accessory, temporary attachment, temporarily attached thing to the immovable property, fungible thing and non-fungible thing, substitutable thing and non-substitutable thing, specific thing and non-specific thing, consumable thing and non-consumable thing, divisible thing and indivisible thing, single thing, combination and aggregation, fruits, acquisition of fruits and the animals. Immovable property refers to a thing that is not movable according to its nature or the law, including land, anything attached to land, any natural benefits that arise from and do not separate from land, and a thing attached to the land permanently by nature or human force and cannot be separated. Movable property refers to things that are not immovable property.

Keywords:immovable property; movable property; object of rights

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.21 Juristic Acts en

This chapter on juristic acts contains several articles concerning general provisions, declaration of intention, invalidity and termination of the declaration of intention, conditions and durations of juristic acts and interpretation of a juristic act. A juristic act refers to conduct that uses consent as its element and has the establishment, alteration and dissolution of a relationship of civil rights and obligations as its purpose. Declaration of intention refers to conduct by which a party has outwardly declared its intention to establish, alter or dissolve a relationship of civil rights and obligations. A declaring person purposely makes a declaration of intention that is inconsistent with his true intention may not claim the invalidity of this declaration of intention, unless the other person knows of the inconsistency.

Keywords:declaration of intention; juristic acts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.22 Agency en

This chapter contains several articles concerning agency. It is divided into three sections. The first section concerns the general provisions, and contains articles that include the scope of agency, principle of applicable law for different types of agency, and the sources of the power of agency. The second section relates to direct agency. This section contains articles such as those on the effect of direct agent, and the principal's right of retroactive ratification for unauthorized agency. The third section of the chapter deals with indirect agency, and contains articles that include the definition of indirect agency, and the principal's right of intervention.

Keywords:direct agency; indirect agency; unauthorized agency

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.28 Limitation of Actions en

This chapter on limitation of actions contains several articles concerning the general provisions, cessation and non-completion of limitation of actions and cessation of the limitation of actions. A party shall not change the length and calculation method of the duration of limitation of actions. Mutual consent to change the length and calculation method of the duration of limitation of actions is invalid. When both parties are negotiating or are about to negotiate over rights and obligations, the limitation of actions shall be suspended. If the limitation of actions ceases because of a lawsuit or arbitration, the effect of cessation occurs from when the lawsuit or arbitration is brought, and continues to be ceased until final judgment or other methods of concluding have occurred.

Keywords:lawsuit; limitation of actions

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.32 Date, Period en

This chapter on date and period contains several articles concerning the definition of date and period, calculation, calculation of a period, period's calculation starting point, completion point of the last day of the period and decision on the last day of the period. Date refers to a specific time, such as a certain hour, day, month and year. Period refers to the duration of time between a certain date and another date, such as a certain hour to another hour, a certain day to another day, a certain month to another month and a certain year to another year.

Keywords:date; period

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.36 General Rules en

This chapter on general rules contains several articles concerning the General Provisions, Alteration of Real rights and Real Rights Claims. The County-level People's Court of the place where the immovable property is located has jurisdiction over immovable property registration. The immovable property registry shall be open to parties to immovable property real rights and to persons with a relevant interest in the real rights. The real rights of movable property which are acquired by juristic acts shall take effect from the time of delivery unless otherwise provided by law or agreed upon by the parties. The possessor of real rights can directly claim for the return of possession against anyone who has no right to possess the property.

Keywords:general rules; immovable property registry; real rights

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.37 Ownership en

This chapter on Ownership contains several articles concerning general provisions, ownership of land, condominium ownership of buildings, relationship with neighboring immovable property, ownership of movable property and co-ownership. Ownership means, within the scope of regulations and laws, the right to deal with the subject matter of ownership at the owner's discretion and exclude others from any intervention. The state shall own the urban land in the city as indicated by the Constitution and other laws. The ownership of the state-owned land is executed by the State Council. Condominium ownership of building means several persons share one building, and each one has the ownership of a particular part and each proportionally owns the common areas and annexes of the building, unless there is an additional agreement. The owner or user of immovable property shall not install a roof, mechanism or any other structure that discharges rainwater directly onto neighboring land.

Keywords:condominium ownership; immovable property; movable property

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.41 Use Right of Residential Land en

This chapter contains 34 articles on use right of residential land. Some of the presented articles are: subject matter of the use right of residential land, contract for the creation of the use right of residential land, co-ownership over the use right of residential land, statutory use right of residential land, usage fee for the use right of residential land and increasing and reducing the rent on the use right of residential land. The subject matter of the use right of residential land shall be limited to the building land prescribed by law. The contract for the use right of residential land shall be created in writing. A landowner shall not deny the application for renewal without justifiable reasons, unless otherwise agreed in an agreement for the creation of the use right of residential land.

Keywords:landowner; residential land

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.48 Farmland Use Right en

This chapter on farmland use right contains twenty nine articles. Some of the articles are definition of farmland use right, creation of the farmland use right, acquisition of a farmland use right by prescription, exercise of the farmland use right, ownership of affiliated facilities, lease of farmland and inheritance of farmland use right. The contract creating a farmland use right shall be in writing, and the creation shall be registered at the real estate registration organ. The contract thereof shall be effective from the day of conclusion. The farmland use right shall be created on the day of registration. Acquisition by prescription of the farmland use right may not violate the laws regarding the land and environment. The possessor of the farmland use right shall not lease out the land for more than 20 years, or for any period longer than the remaining duration of the farmland use right.

Keywords:acquisition by prescription; farmland use right

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.49 Neighboring Land Use Right en

This chapter contains 28 articles on neighboring land use right. Some of the presented articles are: servient and dominant land, effect of neighboring land use right, creation of neighboring land use right, neighboring land use right created due to the creation of other rights of things, indivisibility of neighboring land use right (a) and indivisibility of neighboring land use right (b). The conveniences and benefits of the dominant land include, inter alia, the right of passage, water flow, drainage, air, light, view, and other conveniences and benefits which require tolerance or performance of negative duties by the owner of the servient land. In creating a neighboring land use right, harm to the servient land shall be minimized, and shall not be in violation of public policy and good faith. The duration of a neighboring land use right may be determined by the parties concerned.

Keywords:neighboring land use right; servient land

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.50 Right of Pawnage en

This chapter on the right of pawnage contains fifteen articles. The presented articles are definition of right of pawnage, creation of the right of pawnage, effect of the right of pawnage over a building extends to the use right of the underlying residential land, duration of the right of pawnage, assignment of the right of pawnage, transfer of pawned property, right of first refusal by the pawnee, sub-pawnage or lease, duties arising from sub-pawnage or lease, duty of safekeeping, loss of pawned property due to force majeure, reconstruction of pawned property and option of pawnage with an agreed duration. The right of pawnage shall be created in writing, and the creation shall be registered at the real estate registration agency. The contract creating the right of pawnage shall become effective upon its conclusion and the right of pawnage shall be effective upon its registration.

Keywords:pawned property; right of pawnage

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.51 Mortgage Right en

This chapter contains several articles concerning the mortgage right. It is divided into four sections. The first section contains articles such as the definition of mortgage right, scope of mortgaged property, and the simultaneous mortgage of the use right of residential land and the building. The second section on ceiling mortgage includes articles on the definition of ceiling mortgage, scope of application, and the modification of a ceiling mortgage. The third section relates to the collective mortgage of enterprise assets. This section contains articles such as the definition of collective mortgage of enterprise assets, and the kind of assets subject to collective mortgage. The last section of the chapter deals with enterprise security rights, and contains articles including those on the relationship between enterprise security and other real security rights.

Keywords:ceiling mortgage; enterprise assets; enterprise security rights; mortgage right

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.52 Right of Pledge en

This chapter on the right of pledge contains several articles concerning the general provisions, pledge over moveable things and pledge over rights. The right of pledge is a right held by an obligee to obtain satisfaction of his credit out of the value of the personal property or property right of which he has received possession from the obligor or a third party as security for such credit in preference to other obligees. If the pledgee does not know the fact that the pledgor did not have the right to dispose of the pledged asset at the time when taking possession, the pledgee shall still acquire the pledge. The pledgee is entitled to demand the obligor of the pledged credit to satisfy the pledgee's secured credit, unless when the pledgee and the pledgor have not notified the obligor in advance.

Keywords:pledge over moveable things; pledge over rights

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.57 Right of Retention en

This chapter contains 17 articles on right of retention. Some of the presented articles are: conditions of occurrence, acquisition of right of retention in good faith, controlling effect of retention right over retained property, prohibition against exercising the right of retention, right of retention extinguishes with the secured credit and right of retention extinguishes due to the provision of other security interests. If the obligee does not know the fact that the obligor did not have a right to dispose of the retained property at the time of taking possession, the obligee shall still acquire the right of retention. The obligee may exercise the right of retention over the entire retained property before the obligor fulfills his obligations. obligee's retention of the movable things will breach his duty.

Keywords:obligee's retention; retention extinguishes

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.61 Chattel Mortgage en

This chapter on chattel mortgage contains nine articles. The presented articles are: definition of chattel mortgage, subject matter of chattel mortgage, creation of chattel mortgage, registration of chattel mortgage, profits and expenses, duty of possessor of subject matter, liability for improper disposal of subject matter by the parties, obligor or third party's right of claim for returning and its restrictions and exercise of the right of chattel mortgage.

Keywords:chattel mortgage; third party's right

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.62 Possession en

This chapter contains 18 articles on possession. Some of the presented articles are: auxiliary possessor, presumption of the right of possession, alteration of manner of possession, bona fide possessor's use and collection of profits and possessor's right of self-defense. Rights exercised by a possessor over a thing possessed shall be presumed to be lawfully held. Possession shall be transferred to the successor from the commencement of inheritance. A bona fide possessor shall have the right to claim for indemnification from the right possessor of the thing possessed for the expenses to maintain the usefulness and value of the thing. Possession shall extinguish when the possessor loses physical domination of and control over the thing.

Keywords:bona fide possessor; transferor's possession

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.63 General Provisions en

This chapter contains articles on general provisions. The presented articles are: definition of obligation, subject matter of the obligation performance, performance must be legal, performance must be confirmed, good faith, scope of effect of the obligation. An obligation refers to a relationship of rights and obligations for which specific parties can claim specific performance. The subject matter of the obligation refers to the obligor's conduct, including delivering property, transferring rights, paying money, providing labour or service, submitting production, providing resources, non-performance, etc.

Keywords:obligation performance; subject matter

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.64 Causes of Obligation en

This chapter on causes of obligation contains several articles concerning the general provisions, unjust enrichment, negotiorum gestio and unilateral promise. A person who, without legal cause, obtains inappropriate profits and causes another person damages shall return the unjust profits to the injured person. A person who voluntarily makes performance because of the moral or social obligation shall not claim for the return thereof. A person who, without the legal or agreed obligation, manages or serves another's property or another person in order to prevent the other person's benefit from being injured can claim for the necessary cost. If an advertisement announces that a certain reward will be given to a person who performs or completely completes certain conduct, the advertiser shall be responsible for paying the reward to the person who performs or completely completes the conduct.

Keywords:negotiorum gestio; social obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.65 Categories of Obligations en

This chapter on categories of obligations contains several articles concerning indefinite and specific obligation, currency obligation and interest obligation, alternative obligations, several obligation, indivisible obligation, joint and several obligation. An indefinite obligation refers to when the subject matter of performance is only decided by variety, and not by the specific quality. If the type of currency for paying a currency obligation is not indicated by the parties, the obligor can pay off using any common currency unless otherwise provided by law. If the subject matter of obligations can be chosen from many performance possibilities, the right to choose shall belong to the obligor unless otherwise provided by law or agreed by the parties. If the obligors or the obligees are more than two persons and their rights and obligations can be confirmed, they shall share the rights or obligations based on the confirmed shares.

Keywords:currency obligation; indivisible obligation; interest obligation; specific obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.70 Performance of Obligation en

This chapter on performance of obligation contains several articles concerning the performance, non-performance and delayed acceptance. The obligee shall, according to the content of the obligation, completely perform the obligation, follow the principle of good faith, and perform the duties of notice, assistance, care and confidence. If the obligor does not perform or cannot perform, or his performance causes damage to the obligee's body or other interests, he shall be responsible for the civil liability according to the agreement or the law. If the obligor's performance does not comply with the content of the obligation and the obligee refuses to accept, it shall not constitute delayed acceptance.

Keywords:civil liability; performance of obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.77 Preservation of Obligations en

This chapter on preservation of obligations contains several articles concerning the obligee's right of subrogation and obligee's right of revocation. If the obligee's obligatory right cannot been achieved because the obligor performs the monetary obligation to a third party, the obligee can perform the obligor's right in his own name. But it shall not apply if the obligation specifically belongs to the obligor. If the obligee performs the right of subrogation, he shall file a lawsuit. When the obligor disposes of his property without compensation, even if the other party does not know it disadvantaged the obligee's interests, obligee may exercise the right of revocation.

Keywords:right of revocation; right of subrogation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.81 Modification and Transfer of Obligation en

This chapter on modification and transfer of obligation contains several articles concerning the modification of obligation, assignment of obligatory right, assumption of debt and general transfer of obligatory right and debt. The content of the obligation can be changed based on the law, a court's judgment or the mutual consent of the parties. The obligee can assign his entire or partial obligatory right to a third party. When assigning a partial obligatory right, the obligor can perform the entire obligation to the assignor or assignee unless the obligor is clearly given notice of the assigned portions and is instructed to perform the assigned portions for the assignee. The obligor can agree with the third party and transfer his entire or partial debt to the third party.

Keywords:modification of obligation; partial obligatory right; transfer of obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.84 Extinguishment of Obligations en

This chapter contains several articles concerning the extinguishment of obligations. It is divided into six sections. The first section concerns general provisions, and contains articles such those on the cause of extinguishment, and extinguishment of an accessory right. The second section is about liquidation, and includes articles on the effect of liquidation, liquidation offset, legal offset. The third section deals with deposit, and contains articles such as those on the requisites of deposit, appropriation of deposit, and deposit pretium. The final three sections of the chapter relate to offset, exemptions and merger.

Keywords:deposit; exemptions; liquidation offset; merger; obligatory right

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.89 General Provisions en

This chapter contains four articles on general provisions of contract. The presented articles are: definition of contract, principle of freedom of contract, principle of fairness, binding effect of contracts. A contract is an agreement between natural persons, juristic persons or unincorporated associations that establishes, alters or dissolves a financial relationship of civil rights and obligations. The parties are free to make a contract and to lawfully determine its content and form. The parties shall abide by the principle of fairness in prescribing their respective rights and obligations. A lawfully established contract is legally binding on the parties; neither party may arbitrarily amend or terminate the contract without negotiation between the parties or lawful reasons. A lawfully established contract is binding on a third party only when it is specially regulated by law.

Keywords:binding effect of contracts; freedom of contract

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.96 Establishment of Contracts en

This chapter contains 32 articles on establishment of contracts. Some of the presented articles are: requisites and methods for the establishment of contracts, consequence of violating the requisite of the form of contracts, meaning of an offer, withdrawal of offer, form of acceptance, acceptance that substantially modifies the content of the offer and standard-form clause and non-standard-form clause. The contract is established when consent is manifested by both parties. Contracts may be concluded in written, oral or other forms, unless where the laws, administrative regulations or the parties require a contract to be concluded in a certain form.

Keywords:real contracts; standard-form clause

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.97 Effect of Contracts en

This chapter contains four articles on effects of contract. The presented articles are: the time when the contract becomes effective, contract invalidity, invalidity of immunities clause and consequences of contract invalidity. A contract becomes effective when it is established, unless otherwise provided by law or agreed by the parties. The contract is invalid under the following circumstances: a) when either party violates the compulsory provisions of the laws and administrative regulations; or b) when either party violates public order and good morals. The right to request the return of property mentioned in the preceding paragraph shall extinguish if it is not exercised within two years from the date of the performance of contract.

Keywords:contract invalidity; effect of contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.98 Termination and Dissolution of Contract en

This chapter contains 16 articles on termination and dissolution of contract. The articles concern the termination by agreement, statutory rights of termination due to impossibility of performance, due to delayed performance of non-periodic action, due to delayed performance of periodic action, and due to incomplete performance. The chapter also talks about the articles, which relate to the circumstances where termination is not allowed and the exercise of the right of termination.

Keywords:dissolution of contract; statutory rights; termination of contract

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.99 Performance of Contracts en

This chapter contains nine articles on the performance of contracts. The presented articles are: complete performance, collateral duties, change of circumstances, performance of contracts with unclear clauses, contracts for the benefits of a third party, obligor's defense against a third party, contracts performed by a third party, defense rights of simultaneous performance, right to demand first performance and precariousness defense right. The parties shall perform the contract completely in conformity with the content of contract after the contract becomes effective. The parties shall abide by the principle of good faith and perform the duties of notice, assistance, care and confidentiality, etc. in conformity with the character and purpose of the contract or trade usage.

Keywords:defense right; performance of contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.100 Liability for Breach of Contract en

This chapter contains 25 articles on liability for breach of contract. Some of the articles presented are: anticipatory breach, liable for a third party, remedies of breaching party, demand performance for flawed performance, changes of remedies and delayed compensation for monetary debt. A party that fails to perform the obligation shall be liable for continuing to perform its obligations, to take remedial measures or to compensate the other party for the loss. A party that breaches the contract because of a third party shall be liable to the other party for the breach of contract. If one party fails to pay the price or remuneration, he may not use impossibility of performance as a defense. The payment amount of damages from the breaching party shall not exceed the losses of a contract breach that were foreseen or should have been foreseen when the contract was signed.

Keywords:anticipatory breach; breaching party

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.101 Sales Contracts en

This chapter on sales contracts contains several articles concerning the general provisions and special sales. A sales contract is established when the parties agree on the object and the price. The ownership of an object shall be transferred upon the delivery of the object, unless otherwise provided by the law or agreed by the parties. When an object such as computer software with intellectual property rights is sold, the intellectual property rights of such object shall not belong to the buyer unless otherwise provided by the law or agreed by the parties. In the case that the buyer bears the risk of damage or loss of the object, the buyer's right to demand liquidated damages from the seller may not be affected by the seller's failure to perform his obligation as agreed.

Keywords:intellectual property rights; sales contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.102 Electricity, Water, Gas and Heat Supply Contracts en

This chapter contains articles concerning electricity, water, gas and heat supply contracts. It is divided into two sections; section one contains Article 970 to Article 978, and includes definition, contents and establishment of electricity supply contracts. Section two contains Article 979, which is on the application of electricity supply contracts.

Keywords:electricity supply contracts; gas supply contracts; heat supply contracts; water supply contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.105 Contracts of Donation en

This chapter contains twelve articles on the contracts of donation. The presented articles are: definition of contracts of donation, revocation of donation and its exception, formalities of registration, donee's right to request compulsory delivery, donator's obligation for damages, donator's obligation to guarantee for defects, donation with collateral obligations, restrictions on the donee's obligations in the donation subject to collateral obligation, donator's liability under the warranty against defects in the donation subject to collateral obligations, revocation of donation according to law (a), revocation of donation according to law (b), the effect of donation revocation and donator's defense right of poverty. A contract of donation refers to a contract whereby the donator presents gratis its property to the donee, and the donee expresses its intention to accept the donation.

Keywords:contracts of donation; donator's obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.108 Contracts of Lease en

This chapter contains 22 articles on contracts of lease some of the articles are definition of contracts of lease, content of contracts of lease, limitation to the period for contracts of lease, formal requirement of contracts for lease, lessor's duty to deliver the leased property and keep it, lessee's special legal right to terminate, Lessee's obligation to pay rent, lessee's obligation to use the leased property in conformity with the agreed method and implied renewal of the contract of lease. The term of a lease may not exceed 20 years; if the term exceeds 20 years, the excess part shall be invalid. The lessor shall deliver the leased property to the lessee as agreed, and keep it fit for use in conformity with the terms of the contract during the term of the lease.

Keywords:contracts of lease; lessor's duty

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.109 Financial Leasing Contracts en

This chapter contains twenty six articles on financial leasing contracts. Some of the presented articles are: definition of financial leasing contracts, restrictions to the subject of the lessor, main clauses of the financial leasing contract, object of financial leasing contract, termination of the sales contracts and the financial leasing contracts, ownership of the leased property and the effect of its defense and lessee's duty of keeping, maintenance and repair. A financial leasing contract refers to a contract whereby the lessor buys the leased property from the seller according to the lessee's request, the seller supplies it to the lessee for his use and the lessee pays rent. The lessor shall be authorized by a competent financial leasing authority of the State, which shall be a financial leasing company that has the competence to run a finance lease business.

Keywords:financial leasing contracts; leased property; sales contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.110 Deposit Contract en

This chapter on deposit contract contains several articles concerning the general provisions, personal deposit contract and unit deposit contract. Natural persons, juristic persons and unincorporated associations with the capacity to possess civil rights and perform civil acts may be the depositor according to the provisions of law. A deposit contract shall adopt the forms provided by law, by which after the depositor delivers the currency to the financial institution, the financial institution shall deliver a written deposit voucher to the depositor. Personal deposit contract refers to a deposit contract in which the depositor is a natural person. When a juristic person or an incorporated association becomes a depositor, it shall follow the State's management regulations regarding bank accounts and cash.

Keywords:civil acts; deposit contract

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.111 Loan Contracts en

This chapter on loan contracts contains several articles concerning general provisions, loan contracts in which a financial institution acts as the lender and contracts of loan in which a natural person acts as a lender. A loan contract shall generally contain clauses such as the category of loan, the kind of currency, the purpose of use, the amount, the interest rate and its calculation, the release of fund under the loan, the term, the repayment of the loan, the payment of interest, and the liabilities for breach of contract. Commercial banks, credit unions, policy banks, and other financial institutions and their subsidiaries, if they have approval from the State financial supervision authority, a permit for conducting loan business, and a business license, may establish the loan contract as the lender.

Keywords:lender; loan contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.115 Contracts of Loan for Use en

This chapter presents 8 articles on contracts of loan for use. The presented articles are: definition of contract of loan for use, real nature of the contract of loan for use, lender's obligation of warranty against defects, use method of the thing loaned, borrower's duty to preserve, transfer of the thing loaned by the borrower, lender's duty to return and particular causes for terminating the contract of loan for use. A contract of loan for use shall be established when the thing loaned is handed over to the borrower, unless otherwise agreed by the parties or provided by trade usage. The borrower shall use the thing loaned in the method as agreed. The borrower shall not be responsible for any deterioration of the thing loaned if he uses the thing loaned in the method as agreed or in accordance with its ordinary use.

Keywords:contracts of loan; lender's obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.119 Employment Contracts en

This chapter contains thirteen articles on employment contracts. The presented articles are: definition of employment contract, probationary period, employee's warranty of skills, employee's duty of fidelity, employer's duty to pay remuneration, exclusivity of employment contract, protection of employee's safety, respect of employee's human dignity and religious faith, employee's personal injury, prohibition of the employee's performance deposit and guarantee for others, notice of termination of contract, contract termination fee, duty of confidentiality after termination of contract and application of laws. An employment contract refers to a contract by which the employee undertakes to do work for the employer and the employer undertakes to pay remuneration therefore. The employment contract shall not require that the employee pay a performance deposit, nor shall it require that the employee provide a guarantee for the debt owed by a third person to the employer.

Keywords:employer; employment contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.120 Manufacturing Contracts en

This chapter contains 19 articles on manufacturing contracts. Some of the presented articles are: definition of manufacturing contract, manufacturer's duty of performance, materials furnished by manufacturers, customer's liability to pay damages for changing requirements midway, customer's right of supervision and examination and contractor's right of retention. The manufacturer shall produce the main work by using his own facilities, techniques and labour force, unless otherwise provided by the law. Where the manufacturer employs a third party to produce the main work, he shall be responsible for the work accomplished by the third party; in absence of the consent of the customer, the customer may terminate the contract. In the course of manufacturing work, the manufacturer shall accept necessary supervision and examination from the customer.

Keywords:contractor's right; customer's liability; manufacturing contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.121 Contracts for Construction Projects en

This chapter on the contracts for construction projects contains eighteen articles. Some of the presented articles are: definition of construction project contract, contracting, contract offering and subcontracting, content of contract for construction, superintendence for construction project, constructor's quality liability and contractor's statutory hypothec. Construction project contracts include contracts for project survey, contracts for project design and contracts for project construction. If the inconformity of the construction quality with the terms of the contract is attributable to the constructor, the contract offering party shall have the right to request that the constructor repair, reconstruct or rebuild within a reasonable time-limit and free of charge. If such repair, reconstruction or rebuilding leads to delayed delivery of the project, the constructor shall assume the liability for breach of contract.

Keywords:construction projects; constructor's quality liability

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.122 Contracts for Build-Operate Projects en

This chapter contains several articles concerning the contracts for build-operate projects. These include the definition of contract for build-operate project and the compliance requirements of a project constructor-operator. An investment project is designated by the project authorizer. After the project constructor-operator is designated, the project constructor-operator shall be authorized to construct and operate the investment project over a fixed term. When the term expires, the ownership of project shall be transferred to the project authorizer. The contract for build-operate project shall be in writing. It shall take effect upon approval by the competent government department. After the completion of the project, the project constructor-operator may operate and maintain the finished facility according to the contract, and he shall also have the right to collect user fees or service fees or sell products to recover his investment and earn a reasonable rate of return thereon.

Keywords:build-operate projects; investment project; project authorizer; project constructor-operator

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.123 Contracts of Carriage en

This chapter contains articles concerning contracts of carriage. It is divided into four sections; section one contains Article 1187 to Article 1191 on general provisions, and includes definition, mandatory contracting. Section two contains Article 1192 to Article 1202 on contracts of passenger carriage. Section three contains Article 1203 to Article 1215 on contracts for carriage of goods. The last section contains Article 1216 to 1220 on contracts for multimodal carriage.

Keywords:carriage of goods; contracts for multimodal carriage; contracts of passenger carriage

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.124 Contracts of Mandate en

This chapter contains 18 articles on contracts of mandate. Some of the presented articles are: definition of contract of mandate, scope of mandate, mandatary's obedience of instructions and modified instructions, principle of fulfilling the mandate in person and sub-mandate and duty of mandatary to hand over. The scope of the entrusted matter shall be agreed by the mandator and the mandatary in the contract. The mandatary shall take care of the entrusted matter within his authority of agency. If the sub-mandate is consented to by the mandator, the mandator may directly give instructions to the sub-mandated third party, and the mandatary shall be liable only for the selection of the third party and his own instructions given to the third party. The mandatary may entrust two or more mandataries to take care of the entrusted matter.

Keywords:contracts of mandate; mandator; sub-mandated third party

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.129 Contracts of Brokerage en

This chapter contains 15 articles on contracts of brokerage. Some of the presented articles are: effects of contract of brokerage, burden of expense, duty of preservation, determination of transaction price, broker closing transaction with himself payment of remuneration. When the broker engages in brokerage activities, he may express his independent intent for the benefit of the mandator. If the entrusted things have defects or are perishable or may deteriorate when they are delivered to the broker, the broker may, with the consent of the mandator, dispose of these things; where the broker cannot make prompt contact with the mandator, he may dispose of these things in a reasonable manner. The amount or the standard of the remuneration paid to the broker shall be agreed upon by the mandator and the broker.

Keywords:broker; contracts of brokerage

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.130 Intermediation Contracts en

This chapter contains 6 articles on intermediation contracts. The presented articles are: definition of intermediation contracts, effects of intermediation contracts, duty to inform truthfully, payment of remuneration, burden of remuneration and burden of expenses of intermediation. The intermediary shall truthfully inform the mandator of the matters related to the establishment of the contract. If the intermediary did not facilitate the establishment of the contract, he may not request payment of remuneration. Where the establishment of a contract is facilitated by the intermediation services provided by the intermediary, the burden of paying remuneration shall be equally shared by the contractual parties.

Keywords:intermediation contracts; intermediation services

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.131 Technology Contracts en

This chapter on technology contracts contains several articles concerning general provisions, technology development contracts, technology transfer contracts and technical service contracts. A technology contract refers to a contract concluded by the parties for the purpose of establishing their rights and obligations concerning the development, transfer or service of technology. Technology development contracts shall include commissioned development contracts and cooperative development contracts. Technology transfer contracts shall include contracts for transfer of patent rights, the transfer of the right to apply for patents, the transfer of technical know-how and the licensing of patent exploitation. A technical service contract refers to a contract by which the contractor undertakes to use his technical expertise to solve specific technical problems for the client and the client pays remuneration therefore.

Keywords:technical service contracts; technology development contracts; technology transfer contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.132 Storage Contracts en

This chapter contains 15 articles on storage contracts. Some of the articles are: onerous storage and gratuitous storage, real nature of storage contracts, bailee's duty of care, use of stored things, demand for return of stored things and owner's obligation to pay safekeeping fee and remuneration. A storage contract shall be established at the time when the stored thing is handed over to the bailee, unless otherwise agreed by the parties or provided by trade usage. The bailee shall not himself use or authorize a third person to use the stored thing, unless otherwise agreed by the parties or provided by trade usage. Where a third person brings a lawsuit against the bailee for the stored thing or applies for seizure of the stored thing, the bailee shall promptly notify the owner.

Keywords:bailee's duty; storage contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.137 Warehouse Service Contracts en

This chapter contains 12 articles on warehouse service contracts. The presented articles are: definition of warehouse service contract, warehouseman's obligation to inspect and accept, warehouseman's obligation to issue warehouse voucher, effect of warehouse voucher, items contained in warehouse voucher, warehouseman's obligation of toleration, warehouseman's obligation to notify, warehouseman's right to dispose in case of an emergency, owner's obligation to declare, obligation of owner or holder of the warehouse voucher to claim the warehoused goods, warehouseman's obligation to pay damages and application of other provisions. The warehouseman shall inspect the goods to be warehoused according to the contract before accepting them. If the warehouseman finds in the inspection that the goods do not conform to the description contained in the contract, he shall notify the owner of the case promptly. A warehouse voucher is the proof for claiming the warehoused goods.

Keywords:warehouse service contracts; warehouse voucher; warehouseman's obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.138 Property Management Contracts en

This chapter on property management contracts contains fourteen articles. The presented articles are: definition of property management contracts, scope of property management matter, property manager's duty of proper management, property manager's duty of care, property manager's obligation to report, payment of remuneration of property management, burden of property management fee, property manager's liability to pay compensation to mandator, property manager's liability to pay damages to a third party, mandator's right to terminate contract, property manager's right to terminate contract, property manager's obligation to hand over, property manager's obligation to continue to manage the property and application of other provisions. Property management refers to the management activities conducted to preserve or increase the use value of a real estate property and its ancillary facilities and maintain their safety and order for use.

Keywords:property management contracts; property manager

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.139 Teaching and Training Contracts en

This chapter on teaching and training contracts contains seventeen articles. Some of the presented articles are: definition of teaching and training contracts, limitation to the instructor's refusing to accept the offer, condition of teaching and training, quality of teaching and training, sufficiency of teaching and training, teaching and training proposal, assessment of the academic and ethical performance and regulation and implementation. A teaching and training contract refers to the contract whereby the parties agree that the instructors shall teach the student knowledge and skills. The instructor shall establish a teaching and training proposal that conforms to national standards or the purpose of the contract, and shall sufficiently and properly implement the teaching and training proposal. In order to maintain the teaching and training order and administrative order, the instructor may establish all types of rules and norms.

Keywords:instructor; teaching and training contract

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.140 Medical Service Contracts en

This chapter contains 23 articles on medical service contracts. Some of the articles are: establishment of medical service contracts, limitation to the medical institution's refusal to accept the offer, obligation of reasonable arrangements, medical expense, patient's information right, medical institution's obligation of reasonable explanation, limitation to clinical experiment and exemption and limitation of liability. A medical institution shall be an institution of performing medical treatment, epidemic prevention, healthcare or of independent practice doctors with medical licenses. A medical institution shall perform emergency treatment on seriously ill or injured patients. A medical institution shall exercise a high degree of duty of care and the duty of loyalty to maintain the rights and interests of a patient. A medical institution shall utilize the anamnesis for reasonable purposes.

Keywords:medical institution; medical service contracts; patient's information

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.141 Dining Contracts en

This chapter contains 9 articles on dining contracts. The presented articles are: definition of dining contract, limitation to the dining service operator's refusing to accept the offer, dining service fee, quality of dining service, replacement of dining product and dining ware, Personal safety of customer, property safety of customer, payment of dining fee and application of law. The dining service operator shall provide dining service that is equivalent to its price and advertisement. The quality, quantity and hygiene of the dining products shall conform to national standards. If there is no national standard, it shall conform to industry standards. If there is no national or industry standard, it shall conform to local general standards. The dining fee shall be paid after the dining service, unless it is otherwise agreed upon or there is a custom.

Keywords:dining contracts; dining service operator's

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.142 Lodging Contracts en

This chapter contains articles concerning lodging contracts. It contains Article 1380 to Article 1394, and includes definition, establishment, prohibition of refusing the offer, lodging fee, and deposit for lodging. It also contains Articles on lodging term, lodging condition, personal safety of customer, privacy of customer, property right of customer, effect of exemption clause, liability of damaging an object in the inn, innkeeper's right of termination and application of law.

Keywords:application of law; lodging contracts; personal safety of customer

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.143 Travel Service Contracts en

This chapter on travel service contracts contains several articles concerning the definition of travel service contracts, establishment of travel service contract, travel agency's obligation and warranty of defect, travel agency's collateral duty, traveler's duty of payment, traveler's collateral duty, organization of travel group, transfer of the contract, change of travel service contract, termination before the commencement of travel service, termination after the commencement of travel service, personal and property safety of traveler, damage resulting from obligator, mental damage and application of law. The travel service shall include providing traveling service, tour guide service, sightseeing service and incidental dining, lodging and shopping services.

Keywords:travel agency; travel service contracts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.144 Performance Contracts en

This chapter contains thirteen articles on performance contracts. The presented articles are: definition of performance contracts, performer's obligation to perform according to the contract, mandator's obligation of forbearance, performer's obligation of assistance, reward for performance, right to identity demonstration, right to protect the image from distortion, mandator's obligation to provide proper and safe performance location and responsibility for the third party's act by the mandatory. A performance contract refers to a contract whereby the performer performs in an artistic or a physical education program and receives reward from mandator. The mandator shall not conduct recording, videotaping or live broadcasting without authorization from the performer. Nor shall they permit others to conduct the same. The performer shall have the right to protect his image from distortion.

Keywords:performance contracts; performer's obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.145 Publication Contracts en

This chapter on publication contracts contains six articles. The presented articles are: definition of publication contract, writer and other copyright owner's obligation, publisher's obligation, publisher's right of termination, republishing and electronic publication contract. A publication contract refers to a contract whereby a writer or other copyright owner delivers the works to a publisher to print and publish the said works. The writer or other copyright owner shall authorize the publishing right to the publisher during the valid term specified in the contract. The writer or the other copyright owner shall ensure to the publisher that the works will not infringe upon the legal rights of the third party. During the contract terms, if the works needs to be republished, the publisher shall obtain consent from the writer or other copyright owner. The writer or other copyright owner shall not refuse without legitimate reasons.

Keywords:publication contracts; publisher's obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.146 Partnership Contracts en

This chapter on partnership contracts contains several articles concerning sleeping partnership. Some of the articles are management of partnership affairs, partner's oblige, joining an existing partnership, liquidation under withdrawal. A partnership contract refers to a contract whereby two or more persons agree to make contributions in common for operation of a collective business, and collectively share the benefits and bear the risks. A contract of sleeping partnership refers to a contract whereby one of the parties agrees to furnish a contribution to an enterprise managed by the other party and the party who furnishes the contribution shares in the profit resulting from the management and is responsible for losses within the limit of his contribution.

Keywords:partnership contracts; sleeping partnership

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.147 Guarantee Contracts en

This chapter on guarantee contracts contains several articles concerning general provisions, general guarantee contract, joint liability for guarantee contracts, continuous guarantee contract. Some of the articles are eligibility of the guarantor, ineligible guarantor, provisions of guarantee contracts, relation between the main contract and the guarantee contract, general guarantor's right to refuse, validity of the guarantee period in joint liability guarantee, presumption of guarantee period when the parties do not agree upon one or it is unclear, coverage of continuous guarantee. A guarantee contract refers to a contract whereby the guarantor and the obligee agree that the guarantor is liable for the obligation when the obligor fails to perform. The guarantor and the obligee may enter into a guarantee contract for the liabilities that will continuously accrue for a fixed period of time in the future.

Keywords:guarantee contracts; joint liability guarantee

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.149 Independent Guarantee Contracts en

This chapter contains twenty seven articles on independent guarantee contracts. Some of the articles are and the validity of independent guarantee contract, terms of an independent guarantee contract, non-transferability of the payment claim, validity duration of independent guarantee contract, exemptions for the guarantor, exceptions to independency. An independent guarantee contract refers to a contract whereby the guarantee and the obligee (beneficiary) agree that the guarantee contract shall be performed unaffected by the validity of the fundamental contract. The term of the independent guarantee contract shall commence from the effective date and end on the expiration date or the date of the occurrence of the annulment event. If the annulment event is not caused by the guarantor, the expiration date is the date when the written notice regarding the occurrence of the event arrives at the guarantor from the person who conducts the event or from the obligee.

Keywords:independent guarantee contracts; validity duration

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.154 General Provisions en

This chapter on general provisions contains several articles concerning the definition of torts, causes of liability, and capacity for liability, damages, causation and joint torts, and, other Provisions. Some of the articles are capacity for tort liability, proof of damages, general provisions of causation, joint tort and joint dangerous act, justifiable self-defense, concurrent liabilities, relationship among civil liability, criminal liability and administrative legal liability. A person who is injured physically or whose property is injured shall have the right to claim compensation from another person who is the tortfeasor or who is responsible for the damages or has others duties. The causation between the conduct of the tortfeasor and the damages of the injured person is a condition based on which the tortfeasor shall be responsible for the civil liability.

Keywords:provisions; self-defense; tort liability

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.155 One's Own Tortious Act en

This chapter contains several articles concerning tortious act. It is divided into three sections. The first section relates to torts against rights to dignity, and contains articles such as those on infringement of the right to life, and infringement of the body right and the right of health. The second section concerns the infringement of property rights and property interest or mental health interest. This section includes articles on the infringement of property rights, infringement of the contract by a third party, and infringement of mental health interest. The third section relates to the liability of expert, and concerns articles including those on the expert and practice activities of the expert, liability of the expert, and expert's duty of care.

Keywords:body right; infringement; mental health interest; tortious act

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.161 Liability for the Torts of Others en

This chapter on liability for the torts of others contains several articles concerning liability of guardian and liability of the juristic person and other social organizations, vicarious liability, state compensation liability. Some of the articles include liability of guardian organization, such as a psychiatric hospital, child-care center, nursery school, school, etc., liability of the custodian, vicarious liability, liability for compensation of government organs and their employees, and non-performance of a task. The property of the person under guardianship which is used to pay the compensation shall not seriously harm the life and education of the person under guardianship. A person who employs another person to perform a task shall be responsible for the civil liability for the damages when carrying out the task.

Keywords:guardian; juristic person; liability; torts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.165 Quasi Tort: Liability without Fault en

This chapter on quasi tort: liability without fault contains several articles concerning damages caused bythings, damage caused by environmental pollution and dangerous Work, etc., damage caused by vehicles and other high-speed transport, and product liability. Some of the articles include damage caused by buildings; damage caused by environmental pollution, liability when a vehicle injures a pedestrian, liability of seller, and joint and several liabilities. If buildings or any other structures and the things placed or hung on them collapse, detach or break off and cause damages to another person, the possessor shall be responsible for the civil liability. If environmental pollution causes damages to others, the person who discharges the pollution shall be responsible for the civil liability. The vehicle keeper shall be responsible for the liability for the damages to the pedestrian which are caused by the vehicle in operation.

Keywords:liability; quasi tort

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.168 Civil Liability in Tort en

This chapter on civil liability in tort without fault contains several articles concerning general provisions, payment of damages, application of other methods of accounting for civil liability. Some of the articles include methods of remedying the civil liability in tort, method of the compensation: payment on terms, returning the property and recovering to the original status, and making apology, eliminating influence and rehabilitating Reputation. The method of payment on terms can be applied to compensate the injured person's medical costs, nursing costs, recovery cost and living expenses in the future. The content of an apology, elimination of the influence and rehabilitation of the reputation shall be decided by the court.

Keywords:civil liability; tort

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.177 Kinship en

This chapter on kinship contains several articles concerning the definition of kinship, types of kinship, spouse, kinship by blood, degree of kinship by blood, relatives by marriage, close relatives, and effect of kinship. Kinship refers to the personal relationship among natural persons as a consequence of the marriage, consanguinity and legal fiction. Kinship shall consist of the spousal relationship, kinship by blood and the relative by marriage. The kinship by blood refers to a kind of relationship that arises from the natural consanguinity or the maintenance relationship created through a legal fiction. The degree of kinship is the measurement of the degree of closeness among relatives by blood. The relative by marriage refers to the form of relative relationship that is based on the marriage of the relative by blood.

Keywords:kinship; spousal relationship

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.178 Marriage en

This chapter on marriage contains several articles concerning the essential requisites of marriage, formal requisites for marriage and invalidity and rescission of marriage. Marriage shall not be permitted until the moment when the natural persons reach the marriageable age and have the full capacity to understand their actions. A marriage shall be based on the complete willingness of both man and woman. No party may coerce the other party to enter the marriage, and no third party may interfere with the marriage. The man and woman who apply for marriage shall go to the marriage registration authority in person to be registered. The obtaining of a certificate of marriage means the establishment of the relationship of husband and wife. An invalid marriage shall be invalid ab initio, and the parties concerned shall not have the rights and obligations of the husband and wife ab initio.

Keywords:invalidity of marriage; marriage; rescission of marriage

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.179 Relationship between Spouses en

This chapter on the relationship between spouses contains several articles concerning rights and obligations of spouses and matrimonial property regimes. The husband and wife shall be equal in the matrimonial and familial relationship. Where the spouses have not contracted an agreement of matrimonial property and the special matrimonial property regime is not applicable, the general matrimonial property regime shall be applied. The general matrimonial property regime shall be regarded as the Common Property Regime during the existence of marriage. The spouses may come to an agreement as to whether the property acquired during the existence of the marriage or prior to the marriage is to be owned by each party, jointly owned or partially owned by each party or partially owned by both parties. When statutory grounds emerge, according to law or the court's declaration, the common matrimonial property regime shall apply in lieu of the separation of property regime.

Keywords:matrimonial property regimes; obligations of spouses

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.183 Divorce en

This chapter on divorce several articles concerning the divorce by registration, divorce by adjudication, guardianship, maintenance and education of the children after divorce and remedies and division of common property after divorce. Divorce by registration refers to effectuation of divorce of spouses based on a legal marital relationship who have come to an agreement to divorce and then register for divorce at the marriage registration authority provided that all the statutory requirements are satisfied. The marital relationship shall terminate from the day when the marriage registration authority issues the certificate of divorce to the parties concerned.

Keywords:divorce; spouses

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.186 Parents and Children en

This chapter on parents and children contains several articles concerning parents and their natural children, adopted child and his adoptive parents; step child and his step parents, rights and duties of the child in the family and parental custody rights. A child conceived or born by a wife during marriage shall be presumed to be a child of her husband; where the same circumstance takes place during cohabitation, the male cohabitant shall be presumed to be the father of the child so born. The person who adopts other person as his child according to the legitimate adoptive relationship shall be defined as the adoptive parent. Parental custody rights refers to the generic term of all rights and duties of maintenance, care and protection of the minor child on the part of parents. Parental custody shall consist of the personal parental custody rights and the property parental custody rights.

Keywords:children; parental custody rights

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.191 Adoption en

This chapter on adoption contains several articles concerning adoption and the principles of adoption, formation of the adoptive relationship, effect of adoption and cancellation of adoptive relationship. Adoption refers to the kind of legal transaction in which the natural person adopts another child as his own according to law. As of the date of establishment of the adoptive relationship, the legal provisions governing the relationship between parents and children shall apply to the rights and duties in the relationship between adoptive parents and adopted children. The adopter and the adopted adult may agree to cancel the adoptive relationship.

Keywords:adopted children; adoptive relationship; legal transaction

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.196 Maintenance en

This chapter on maintenance contains several articles concerning the maintenance and maintenance relationship, extent and form of maintenance, modification and termination of the maintenance relationship. An obligee is the person who receives maintenance according to law; an obligor is the person who performs the corresponding maintenance obligation. Parents have the obligation to maintain their child. Where parents fail to perform the said obligation, the minor child or the child who cannot live independently may claim for the maintenance payment. The maintenance order may be modified by mutual agreement between the persons bound to maintenance. The parties involved may modify the manner of maintenance by mutual agreement provided that the modification is in favor of the person entitled to maintenance.

Keywords:maintenance relationship; obligation

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.201 Guardianship and Curatorship en

This chapter on guardianship and curatorship contains several articles concerning the guardianship over minors and custodianship of adult. The ward shall be represented by the guardian to make juristic acts except when the said act relates to the pure acquisition of a legal advantage, or to the necessities of daily life according to the ward's age and status. The guardian shall be prohibited from violating the ward's interest in the name of conducting guardianship. Custodianship is a legal institution which offers protection over the body and property of a person of full age who cannot take care of his affairs by reason of physical, mental or psychological handicap. The custodian shall manage the property of a ward with a duty of care and represent him in conducting the affairs in relation to the property.

Keywords:curatorship; guardianship; juristic acts

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.205 General Provisions en

This chapter on general provisions contains several articles concerning the definition of inheritance, time of commencement of inheritance, presumption of order of death when there is more than one person in the same accident, place of commencement of inheritance, priority order between intestate inheritance, testamentary inheritance, legacy and legacy-support agreement, capacity to inherit, unborn child's capacity to inherit, causes of disqualification of heir, scope of the estate, offset of gift and right to claim for the recovery of inheritance.

Keywords:legacy-support agreement; testamentary inheritance

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.208 Intestate Inheritance en

This chapter contains articles concerning intestate inheritance. It contains Article 1869 to Article 1882, and includes definition, scope of intestate inheritance, order of the intestate heirs, definition of spouse and child's right to inheritance. It also contains Articles on right to inheritance of parents, right to inheritance of brothers and sisters, subrogation inheritance, transmission of inheritance, priority order of inheritance, effect of joint inheritance, share of inheritance, inequality of shares of inheritance and persons other than the heir who receive an appropriate share.

Keywords:child's right; intestate inheritance

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.209 Testamentary Disposition en

This chapter on testamentary disposition contains several articles concerning the general provisions, formalities of a will, content of will, revocation and alteration of will, effect of will and the execution of will. A testator must reserve a certain portion provided by law for the heir of the compulsory portion when making a will, and shall not set a burden over the compulsory portion. The testamentary disposition made by a testator in violation of law shall be invalid. The statement to waive the compulsory portion to the heir concerned shall be invalid if it is done before the death of the decedent. A testamentary trust made by a testator shall conform to the related provisions of the Trust Law.

Keywords:general provisions; testamentary disposition

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.210 Legacy-Support Agreement en

This chapter on legacy-support agreement contains several articles concerning the definition of legacy-support agreement, form of legacy-support agreement and effect of legacy-support agreement. A natural person may enter into a legacy support agreement with a person or an organization under collective ownership which, in accordance with the agreement, assumes the duty to support the natural person in his lifetime and attends to his interment after death, in return for the right to the legacy. The provisions of the Contract Law apply mutatis mutandis to the legacy-support agreement if not provided by this Law. The legacy-support agreement takes effect from the moment of its conclusion and is protected by law.

Keywords:Contract Law; legacy-support agreement

9789004190429 10.1163/ej.9789004190429.i-550 The Draft Civil Code of the People's Republic of China English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences) en 10.1163/ej.9789004190429.i-550.217 Disposition of Estate en

This chapter contains twenty seven articles on the disposition of estate. If there are two or more heirs, the estate shall belong to all heirs in co-ownership. Without the consent of all heirs, any single heir shall be prohibited from making use of, benefitting from or disposing of the estate to the prejudice of its value. An heir who disclaims inheritance shall make his decision known by a written declaration within two months after becoming aware of the commencement of inheritance. In the absence of such a declaration, he is deemed to have accepted the inheritance. The partition of an estate takes effect retroactively at the moment of commencement of inheritance, but this shall not prejudice the interests of the third person.

Keywords:commencement of inheritance; disposition of estate

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_002 Politics and Resentment: Examining Antisemitism and Counter-Cosmopolitanism in the European Union and Beyond en

In the course of history, antisemitism has been an integral part of European modernity. It certainly marked the short twentieth century, an age of extremes. While the revival of extreme right parties has received broad attention by political science research, turning the radical right into arguably the best studied European party family, the diagnosed recent rise of antisemitism within and beyond the confines of extreme right mobilizations has so far hardly come under scholarly scrutiny. According to the European Monitoring Centre on Racism and Xenophobia (EUMC), antisemitism is a certain perception of Jews, which may be expressed as hatred towards Jews. This chapter suggests that there is a set of four specific conditions that are favorable for—and indeed predict—the overall rise, public display, and political mobilization of counter-cosmopolitanism and modernized antisemitism in contemporary Europe.

Keywords:Antisemitism; Counter-Cosmopolitanism; EUMC; European; Jews; twentieth century

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_003 Is There a "New European Antisemitism?"Public Opinion and ComparativeEmpirical Research in Europe en

This chapter analyzes the data of recent national studies to better ascertain where and how the antisemitism developments have led to a change in the formulation of items or in the design of questionnaires. An antisemitic atmosphere can develop from a whole range of factors: from a wave of anti-Jewish attacks; from events or problematic situations that receive broad media coverage and lead to an agenda- setting-effect in the public; or as a consequence of a noticeable and drastic shift in attitude among the population. The basic methodological task requires isolating within the rejection of Israel a separate motive for hostility to Jews. Studies have confirmed that a high correlation exists between antisemitic attitudes and a negative view of Israeli policies, but it has not been possible to read from this a clear statement about the direction of the influence.

Keywords:antisemitism; Europe; Israel; Jews

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_004 Against Globalism: Counter-Cosmopolitan Discontent and Antisemitism in Mobilizations of European Extreme Right Parties en

In order to explain the success of contemporary European extreme right parties and their cross-national variation in context of globalization, author claims that it is important to re-focus on the supply side. He argues that the supply side—parties and other intermediary organizations—both responds to changing demand and generates it itself. The chapter argues that electorally successful extreme right parties respond to favorable politico-cultural opportunity structures for their mobilizations by transforming into counter-cosmopolitan parties—and by mobilizing 'new antisemitism.' The model assumes that there are similar demand side conditions shaped by an emerging new cleavage between cosmopolitanism and counter-cosmopolitanism. It seeks to explain why some extreme right parties exploit these changing conditions, while others fail to do so. With electoral success being the dependent variable, the ideological modernization of extreme right supply according to a new counter-cosmopolitan winning formula is isolated as a key independent variable that explains success and its variation.

Keywords:antisemitism; counter-cosmopolitan; electoral success; European extreme right parties; globalization; ideological modernization; mobilization

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_005 Antisemitism and Anti-Americanism: Comparative European Perspectives en

This article examines the convergences and divergences of anti-Americanism and antisemitism in contemporary Europe. It can be argued that anti-Americanism is an even more contested concept than antisemitism. The special focus of this article will be the interaction and overlap between anti-Americanism and antisemitism. Anti-Americanism is a generalized and comprehensive normative dislike that often lacks distinct reasons or concrete causes. In the course of the twentieth century antisemitism has become one of anti-Americanism's most consistent conceptual companions, perhaps even one of its constitutive features. To be sure, European antisemitism preceded anti-Americanism by centuries. In a world in which challenging the United States and everything American, has gone way beyond the chattering classes of London, Paris and Berlin, and constitutes an essential part of global politics, anti-Americanism will remain a valuable currency that politicians will readily harness for their purposes.

Keywords:anti-Americanism; antisemitism; culture; European perspectives; foreign policy; Jews; political; United States

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_006 Playing the Nazi Card: Israel, Jews, and Antisemitism en

This chapter analysis of contemporary antisemitism onto new ground: away from labeling and defining the problem, to an understanding of the consequences of antisemitic discourse. The chapter reveals how the playing of the Nazi card scratches deep wounds by invoking painful collective memory of the Holocaust. It aims to bring some clarity to the egregious nature of the Nazi card by discussing four different variants of the problem: the Nazi card as abuse against Jews; the Nazi card as abuse against the collective memory of the Holocaust; the Nazi card in the casting of Jews as conspirators and collaborators with the Nazis; the Nazi card manifest in discourse about Israel and Zionism. Those with a genuine commitment to a lasting peace between Israelis and Palestinians recognize that engagement, compromise, and communication are necessary for reconciliation.

Keywords:antisemitism; Israel; Israelis; jews; Nazi card; Nazis; zionism

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_007 The Empire Strikes Back: Antisemitism in Russia en

Antisemitism in Putin's Russian Federation may be more muted than that which appeared in the 'wild Russia' of the 1990s, but it is still significant. This chapter explores the extent and impact of antisemitism in post- soviet civil society, politics and media—three overlapping and interconnected areas—focusing on the period 2000–6. Overt antisemitism is a fairly taboo form of xenophobia in the political sphere of Putin's Russia. The mass media in post-soviet Russia is as diverse as it is in Western Europe, but there are significant differences in the relationships between society, government, and the media which impact upon the problem of nationalist and racist propaganda.

Keywords:antisemitism; civil society; mass media; political sphere; Russia

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_008 Hatred towards Jews as a Political Code? Antisemitism in Hungary en

Surveys conducted in the mid-1990s indicated that approximately one-tenth of the Hungarian adult population was strongly antisemitic and one in four Hungarians harbored some form of anti-Jewish prejudice. Antisemitism in Hungary seemed to be a phenomenon of the capital city: antisemitic prejudice occurred more frequently among residents of Budapest than among residents of other settlements. The chapter touches upon the changes in the level of antisemitic prejudice between 1994 and 2002, latent anti-Semitism, and the causal explanation of antisemitic prejudice. Analysis of the causes of antisemitic prejudice showed that anomie, which had been an important explanatory factor earlier on, is no longer one of the immediate causes of hostility towards Jews. This is an important change: it may mean that in the last decade antisemitic prejudice has begun to be transformed from diffuse anti-Jewish attitudes into a type of antisemitism that functions as a political or ideological code in Hungary.

Keywords:anti-Jewish prejudice; antisemitic prejudice; antisemitism; Hungary; Jews; political code

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_009 The Resilience of Tradition: Antisemitism in Poland and the Ukraine en

Two theoretical assumptions brought us to the differentiation between two types of antisemitic views: first, a conceptual version of the term of this view itself, comprised of three elements: the cognitive element, the evaluative and emotional element, and the behavioral element. Second, the assumption that feelings like hate and antipathy are unpleasant for the individual him or herself, and therefore, the continuity of such feelings requires strong motivation. This chapter provides presentation of the tables which substantiate the pervasiveness of antisemitic attitudes in Poland by means of a comparison of two studies combined from 1992 and 2002. It then presents a comparison of the most important results of the Ukrainian research.

Keywords:antisemitism; Poland; Ukraine

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_010 Beyond the Republican Model: Antisemitism in France en

This chapter shows that the expression new Judeo- phobia, used by many scholars in the steps of Pierre-André Taguieff to uphold this idea, is certainly true, but that it does not exactly report the current situation of the Jews in France. The demonstrations in support of Gaza were a turning point in the expression of antisemitism because the older generation of pro-Palestine militants who repudiate antisemitism, support the Palestinian authority and a two-states solution, seem to have lost control over the movement. Antisemitism in France is both structural and a consequence of the events in the Middle-east.

Keywords:antisemitism; France; Jews; Palestinian authority; pro-Palestine militants

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_011 The Liberal Tradition and Unholy Alliances of the Present: Antisemitism in the United Kingdom en

Jews are now jostling for government's attention along with other and more assertive religious and ethnic minorities such as the Muslim, Hindu and Sikh communities. The government recognizes the potential power of the Muslim community and it is obvious that it will go a long way to meet its concerns and demands. There are issues on which the Jewish and Muslim communities could and should jointly campaign and where there is a measure of accord. At the same time, we have reached out to other emerging Muslim groups who represent more moderate views. Among them are the growing numbers of Safis who seek political representation and who resent Islamist and Arab influences.

Keywords:Antisemitism; Jewish; Muslim; United Kingdom

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_012 Political Cultures of Denial? Antisemitism in Sweden and Scandinavia en

This chapter discusses the characteristics of anti-Jewish thinking in Sweden in the beginning of the 21th century. It focuses on antisemitic tendencies and motifs in public discourse within the broader political culture as well as prevalence of anti-Jewish prejudice amongst the Swedish population. A recent survey indicates that negative attitudes towards Jews are more prevalent among Swedish Muslims than among the population in general, and a previous report pointed to anti-Jewish sentiments among groups of pupils of Muslim or Arab background and the promotion of antisemitic propaganda on some Swedish Islamic web site. The antisemitic mood that emerged in parts of Europe after the out- break of the second intifada in 2000 has also been evident in Swedish public debate, but more research is needed before its full impact can be adequately assessed.

Keywords:antisemitism; Jews; Scandinavia; Sweden

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_013 Erosion of a Taboo: Antisemitism in Switzerland en

This chapter addresses specific form of antisemitism. Following an overview of the history of antisemitism since the foundation of the Swiss Confederation in 1848, the chapter focuses on two debates, led in the 1990s and 2000s, in which antisemitism was expressed in a variety of forms. The chapter then analyzes attitudes towards the conflict in the Middle East as a further context in which antisemitic stereotypes are brought forward. It focuses on the reaction of the majority society to antisemitism and its handling of the phenomenon. Switzerland has known a long tradition of antisemitic patterns which have mainly sought to fend off Jews on the grounds that they were seen as being 'foreign' to Swiss society.

Keywords:antisemitism; Jews; Swiss Confederation; Switzerland

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_014 Anti-Jewish Guilt Deflection and National Self-Victimization: Antisemitism in Germany en

The various forms of antisemitism seen in Germany's public discourse all share one common factor: an explicit or implicit deflection of guilt and denial of responsibility for National Socialism and the Shoah. In development of antisemitism, two factors played decisive roles: on the one hand was the lifting of taboos against expressing antisemitic sentiments in the public sphere, and on the other hand was their linkage with the new discourse that presented Germans as victims. This chapter analyzes this development in two steps. First, empirical data demonstrating the virulence of guilt-deflecting antisemitism in Germany is introduced, and the development of guilt deflection is discussed. Then, the relationship between antisemitic guilt deflection and the national victim mythos are described and analyzed.

Keywords:antisemitism; Germany

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_015 Between Neo-Fascism, Anti-Fascism, andAnti-Zionism: Antisemitism in Italy en

In Italy, as in the rest of Europe, open antisemitism is chastised and isolated through social condemnation and legal means. Most traditional antisemitism is confined to the publications and websites of extreme groups. The tendency to minimize the nature of a threat hinders efforts to formulate a right response to the newest manifestations of antisemitism. Recent public opinion surveys in European countries measured traditional antisemitic prejudice and tried to determine if and how antisemitism makes its way into the coverage—and the public perception—of the Arab-Israeli conflict. Extremism is the starting place for a survey of antisemitism in Italy. As the birthplace of Fascism, Italy still has a strong tradition of Fascist nostalgia.

Keywords:antisemitism; Italy; Jews

9789004190474 10.1163/9789004190474 Politics and Resentment en 10.1163/9789004190474_016 Rethinking Antisemitism, Counter-Cosmopolitanism, and Human Rights in the Global Age: A Political Crisis of Postmodernity? en

Political anti-Semitism is frequently articulated by those authoritarian groups, movements and rulers who in theory or practice negate public autonomy, individual self-expression, and universal human rights claims. Political manifestations of anti-Jewish resentment tend to go along with the political mobilization of ethnic nationalism and other idealized accounts of homogeneous ethnic or religious communities. In Europe, modern antisemitism initially peaked during the period of the first, industrial globalization from the late 19th century, and then on the road to the Holocaust. A global revival of public antisemitism, since the beginnings of the modern era a way to 'make sense' and personify rapid sociocultural change corresponds with the dramatic transformations of the post- modern era, the second globalization".

Keywords:antisemitism; Europe

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10.1163/ej.9789004189065.i-494.25
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