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It is said that William Brennan, the great US Supreme Court Justice, liked to greet his incoming law clerks with a bracingly simple definition of constitutional doctrine: five votes. ›You can’t do anything around here‹, Brennan would say, wiggling the fingers of his hand, ›without five votes.‹1 While memorable, Brennan’s definition was not entirely original. Seventy-five years before Brennan’s elevation to the high court, the jurist Oliver Wendell Holmes Jr. famously wrote: ›The life of the law has not been logic; it has been experience [...]. The law […] cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics.‹2 Some years later, Holmes returned to this idea, writing: ›The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.‹3 Statements such as Brennan’s and Holmes’ found elaboration in the American jurisprudential movement known as ›legal realism‹. One of its most influential and articulate exponents was the law professor Karl Llewellyn (1893–1962). Trained at Yale Law School, and on the faculty of Columbia, Llewellyn had a foot in the two institutions most prominently associated with the realist movement.
This article reassesses the emergence of human rights advocacy in 1970s West Germany from the perspective of memory politics. Focusing on the campaigns against political violence in South America, the article first traces the boom and bust of antifascist activism against the Chilean junta in the early 1970s. It then analyzes the displacement of abstract antifascist discourses by a more humanitarian human rights talk closely intertwined with concrete references to National Socialist crimes. Taking the perspective of grassroots advocates, this article explores how and why activists referenced the crimes of Nazism to defend human rights in the present. Finally, the article moves beyond the claim that human rights politics were minimalistic and even anti-antifascist, by showing how some human rights activists continued to think of themselves as antifascists. They infused antifascism with entirely new meanings by recovering the 20 July 1944 assassination attempt against Hitler as an acceptable example of anti-government violence.
By discontinuing their war against Israel in the late 1970s, the surrounding Arab states made room for the resumption of a different, new/old war, which first erupted prior to the Arab-Israeli interstate war: the civil war between the Jewish-Zionist settler society and Palestinian Arabs, a war over Palestine. The Arab-Israeli conflict is not one, but rather two conflicts, both of which are complexly and inextricably linked in a number of ways. Zionist Jews in Palestine (or the pre-1948 Jewish autonomy in the country) and later the state of Israel have been a permanent party to these conflicts. In contrast, the "Arabs" – or the Palestinians and the Arab states surrounding Palestine – have been changing parties to the overall conflict and its many different wars.
Rethinking the boundaries of Europe is an earnest exercise that calls for critical reconsideration of our existing spatio-temporal constructions. First of all, it should be established that this kind of an exercise does not only necessitate a re-mapping of the cartographical space within which “Europe” is placed, but more so a re-thinking of the intellectual space within which history is situated.
Gendered critiques by historians and feminist international relations scholars have been animating international history for a good thirty years by complicating the supposedly binary relationships between states and societies, private and public, and local and international that traditionally structured the discipline. In this essay we would like to ask what a sensitivity to gender might add to international histories that are shifting their focus away from intergovernmental relations towards a reassessment of internationalisms in the nineteenth and twentieth centuries through studies of transnational social movements, international organizations and norms, or practices of global governance. We are especially interested in how gender might contribute to a major emerging theme of international history today: the history of internationalism and international organizations as a struggle between competing or converging universalisms – ‘imperial and anticolonial, “Eastern” and “Western”, old and new’ – that sought to speak in the name of all humanity, rather than as the triumph of an international order imposed by the “West” on the rest.
The centennial of the outbreak of World War I in the summer of 1914 has already produced a wave of new books, exhibitions, documentaries, films, articles, websites, and research projects on the war and will continue to do so over the course of the next years, at least until the centenary of the armistice in 2018. One might witness this rising tide with mixed feelings: the arbitrariness of anniversaries and the ambivalent suggestive power of round numbers are a topic which merits reflection in and of its own. But the First World War has continued to be of lasting and even growing interest for historians over the past decades independently of anniversaries. Jay Winter and Antoine Prost have noted that the number of volumes that were catalogued in the British Library under the rubric of ›The World War, 1914 to 1918‹ quadrupled between 1980 and 2001, and Roger Chickering gathered further evidence for the ›enduring charm of the Great War‹ in 2011. At the same time, these last decades have witnessed a number of methodological shifts and changes within the historical profession, which also affected the study of the First World War. The centennial might therefore be a good opportunity for taking stock of the current state of affairs in World War I studies and for pondering their possible future directions. This is why our journal has decided to contribute to the rising tide of World War I publications with a roundtable discussion.
The ideological lines between the conservation movement and the Nazi regime have received much attention. This article explores a new perspective by focusing on the level of practical politics. After several setbacks and disappointments since 1933, the passage of the national conservation law in 1935 became the crucial turning point. The law instilled a secular boom of conservation work, which lasted until about 1940, nourishing an atmosphere of almost unlimited enthusiasm for the Nazi regime in conservation circles. At the same time, conservationists were crossing sensitive thresholds in their desire to use the law to
the greatest extent possible.
Guerrilla Mothers and Distant Doubles: West German Feminists Look at China and Vietnam, 1968–1982
(2015)
Communist China and Vietnam looked like the future to many West German feminists in the years after 1968. This article reconstructs a lost history of influence, identification and emulation, tracing some of the ways that Chinese and Vietnamese communism inspired and attracted West German feminists from the late 1960s to the early 1980s. Beginning in a spirit of socialist universalism, West German feminists drew on reports of the experience of East Asian women who they felt lived in the ›liberated zones‹ of post-revolutionary society. Like the French radicals who declared that ›Vietnam is in our factories‹, West German feminists created a global framework for their activism. Looking east, they borrowed or adopted models of consciousness-raising and direct action from China and Vietnam. This article tracks the arc of exchange, from the enthusiasm of the late 1960s and 1970s to the West German feminist disenchantment with both East Asian communism and the global South by the early 1980s.
This article examines policies and practices related to Turkish teachers in West German schools in the 1970s and 1980s. Different stakeholders in Turkish education in West Germany – school administrators, parents, consular officials, and the teachers themselves – understood the role of these teachers in different ways over time, reflecting contrasting and shifting notions about the knowledge teachers were expected to pass on to Turkish pupils. In the late 1970s, West German officials began to privilege teachers’ status as migrants capable of modeling their own successful integration for pupils, reflecting new assumptions about Turks in West Germany and their futures in the country.
›1948‹ is a key concept in Israeli identity discourse. A signifier of the violent clashes that took place at the end of the British Mandate in Palestine (between the fall of 1947 and the spring of 1949), it encompasses both the foundation of a democratic Jewish nation-state and the destruction of numerous Palestinian communities during the Israeli ›War of Independence‹ and thereafter. The Nakba, the Palestinian catastrophe, could not be overlooked by Israel’s ›generation of 1948‹ and those that succeeded it: it was present in the deserted fields and houses now occupied by Israelis, in the names of the streams, hills and roads Israelis now visited during military drills or school field trips, and in the frequent encounters with Arab ›infiltrators‹ who sought to return to their abandoned homes and lands.1 The mass expulsion and the killings of Arab civilians by Jewish forces were regularly discussed and debated by Israeli politicians, intellectuals, journalists and artists in the ensuing decades.2 Yet with few exceptions, Israeli historians and politicians have seemingly effortlessly merged these atrocities with a commonly accepted ›narrative‹ by, for example, attributing them to rogue, marginal, right-wing militias; depicting cases of expulsion as sporadic and spontaneous events; or justifying them as ad hoc measures taken against the initiators of the violence during the war.
The semantics of the term "empire" is overloaded with superlatives and loud epithets. The concept of empire is so universal and all-encompassing that it appears to have no particular meaning at all. Indeed, empire embodies the grim totality of unlimited domination and coercion; at the same time, it turns out to be a synonym for the clumsy neologism of "world-system" (or "world civilization") and evokes a unifying principle for a universe surrounded by the destructive elements of chaos and barbarism.
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