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Two 19th century rabbis born in Vilna and educated in its raditionalist rationalism interacted with India’s temple Hinduism in different ways. Both were fascinated with Hindu worship and images, but David d’Beth Hillel entered temples and disputed with priests, while Jacob Sapir observed from outside, composing written pictures of Hindu images using a biblical vocabulary of abomination. D’Beth Hillel employed Hebrew linguistics to uncover secret meanings of Hindu words. However, both travelers interpreted Hindu religiosity similarly, as idolatrous worship. They explained this Hinduism historically as a survival of Judean idolatry brought to India by Jewish migrants, or as a survival from an ancient culture of idolatry that once filled the world. Both rabbis also perceived Jewish elements in Hinduism, which they explained from Jewish migrations of the past. The similarities in their conceptualizations of Hinduism point to a common Jewish worldview that constructed the world as opposing realms of revelation and idolatry, and also to common theories about how cultural change occurs through survivals, corruptions, and diffusion.
This paper describes an almost forgotten chapter in the relatively short history of Jewish- Buddhist interactions. The popularization of Buddhism in Germany in the second half of 19th century, effected mainly by its positive appraisal in the philosophy of Arthur Schopenhauer, made it a common referent for both critics of Judaism and Christianity as well as their defenders. At the same time, Judaism was viewed by many as a historically antiquated religion and Jewish elements in Christianity were regarded as impediments to the progress of European religiosity and culture. Schopenhauerian conception of “pessimistic” Buddhism and “optimistic” Judaism as the two most distant religious ideas was proudly appropriated by many Jewish thinkers. These Jews portrayed Buddhism as an anti-worldly and anti-social religion of egoistic individuals who seek their own salvation (i. e. annihilation into Nothingness), the most extreme form of pessimism and asceticism which negates every being, will, work, social structures and transcendence. Judaism, in contrast, represented direct opposites of all the aforementioned characteristics. In comparisons to Buddhism, Judaism stood out as a religion which carried the most needed social and psychological values for a healthy modern society: decisive affirmation of the world, optimism, social activity, co-operation with others, social egalitarianism, true charitability, and religious purity free from all remnants of polytheism, asceticism, and the inefficiently excessive moral demands ascribed to both Buddhism and Christianity. Through the analysis of texts by Ludwig Philippson, Ludwig Stein, Leo Baeck, Max Eschelbacher, Juda Bergmann, Fritz-Leopold Steinthal, Elieser David and others, this paper tries to show how the image of Buddhism as an antithesis to Judaism helped the German Jewish reform thinkers in defining the “essence of Judaism” and in proving to both Jewish and Christian audiences its enduring meaningfulness and superiority for the modern society.
The success of Buddhism in the West, and in America in particular, since the middle of the twentieth century, gave birth to a new hyphenated religious phenomenon: the Jewish-Buddhists. While a growing number of scholars have been addressing this phenomenon, all of the studies published so far speak of “Jewish-Buddhists” as if they could be described in the same way it was in the seventies. In this paper, I take issue with the monolithic, reified approach towards the phenomenon of the “Jewish-Buddhists”, and will try to show their evolution from their early days at the dawn of the emerging Counter Culture until today. Following findings derived from diachronic and ethnographic fieldworks, conducted since 2009, I will suggest that this evolution has undergone three main phases, which I call the three “ages”: the age of challenging, the age of claiming, and the age of re-claiming.
Indian Sufism in Israel
(2018)
This paper explores Indian Sufi influences in Shye Ben Tzur’s music. Ben Tzur is a Jewish Israeli musician who composes Sufi poetry in Hebrew and plays it to qawwālī music, the traditional North Indian Sufi music. Ben Tzur’s songs are devotional and there are many Sufi references that invoke Islamic terminology. His music has been reviewed in numerous newspapers and his Jewish identity, coupled with Sufi themes, evokes questions regarding religious belonging. Even though Ben Tzur openly discusses Sufi influences, his music has remained uncontroversial. This article interprets this as a sign that the symbolic repertoire of Ben Tzur’s music evokes associations with India and not with Islam and more specifically with India as a spiritual rather than religious space. The image of India as a spiritual land manages to subsume references to Islam and render them part of the “mystical East” allowing Ben Tzur’s audience to consume Muslim themes outside Middle Eastern politics.
Seeming consensus has formed among legal scholars and practitioners that a rising China seeks changes in rules and institutions of international law. Yet, attendant accounts of how such changes may and already do restructure global legal order remain relatively underdeveloped. An observed rise in the international rule of law during immediate post-Cold War years has now been disrupted by a confluence of regional shifts in geopolitical power and contestation of law’s normative foundations by newly empowered states. In these circumstances, advocates for stability and continuity in variations of the “liberal international order” or “rules-based order” have sought to defend the authority and resilience of universally defined international legal norms against various regional challenges to the boundary between law and politics. Yet, as both global power and universal conceptions of law fragment, so too will the presumed equilibrium between international law’s political and normative foundations. Signs of fragmentation are now conspicuously playing out in East and Southeast Asia, where the relative rise of China is amplified by alternative Chinese conceptions of foundations and purposes of global legal order. This working paper introduces the concept of “geolegal power” to describe the competitive logic of a territorially bounded leading state restructuring interpretation and development of legal rules and institutions, which is emerging more explicitly within regional subsystems. Fragmentation of the international rule of law by a rising Chinese “geolegal order” is demonstrated by contested maritime rules in three key areas: freedom of navigation; third-party and judicial settlement; and, territorial claims under UNCLOS. Evidence that China is carving out an effective subsystem of rules designated as “law” in the most consequential of security and geopolitical domains poses a critical challenge to the structure of a unified and universal system of international law. Legal scholars and practitioners must better grasp reconfiguring foundations of international law in order to address rising orders of “geolegal power”, in which the regional meaning and operation of law is no longer reconcilable within the terms of an “international” rule of law.
The author discusses the question of authority when determining the content of an international legal rule. Taking Article 38(1)(d) of the ICJ Statute as a point of departure, he determines through meticolous analysis what ranks as judicial decisions as well as teachings within the meaning of the norm. The author then proceeds to a number of factors to determine authoritativeness: objectivity, knowledgeability, depth of analysis, and the presence or otherwise of reasoning and, in particular, the persuasiveness of an opinion. In the case of judicial pronouncements, the author points out that the paradox between Article 59 and Article 38(1)(d) of the ICJ Statute is only an apparent one. While judgments of the Court are binding only between the parties, it is merely the underlying reasoning that can be taken into account in the context of Article 38(1)(d) if considered persuasive. Without central authority, authoritativenes in international law must always be earned which is also the reason for the lack of an hierarchical order between as well as within judicial pronouncements and learned writings though the former are usually more likely to fulfil the criteria of authoritativeness. In both cases, however, previously acquired reputation of a court or even an individual judge as well as of a learned writer can create a presumption of authoritativeness. On a more general level, the author concludes with a call for a more careful differentiation between the determination of law and its application. Putting the issue discussed into perspective, the author argues that situations of law determination arise, contrary to common understanding, in fact far less often than situations of law application.
This paper assesses, both quantitatively and qualitatively, the work of the Peace and Security Council (PSC) of the African Union (AU) with respect to peace support operations. It seeks to know whether the establishment of the PSC in 2002 is leading or has led to a rise or a decline of collective security in Africa. It is demonstrated that in regard to its relative legal and institutional robustness, the PSC can be perceived as a rise of collective security compared with its predecessor, the Central Organ of the Organisation of African Unity (OAU). However, it stagnates in terms of quantity and quality of actions on the ground. The main problem lies in the lack of sufficient operational autonomy from member states and international partners, such as the United Nations. Therefore, the PSC’s contribution to the maintenance of peace and security, and so the rise of the international rule of law in Africa is limited. The continent is still a war-torn region, affected by political crises and the expansion of terrorism in many countries. To solve this problem, AU member states should strengthen the PSC’s capacity, starting with the quick operationalisation of the African Standby Force. The implementation of the 2016 decision on alternative sources of financing AU’s institutions and activities is also a priority. In this regard, the political will of African states that may show that they want to take their organisation more seriously is required. This can further the AU self-reliance policy in collective security though the promotion of African solutions to African problems, and reduce the burden of the United Nations and other non-African actors’ interventions in the continent.
Matters of Interpretation
(2018)
This article analyses, from a methodological and theoretical perspective, how international legal method deals with change. Section 2 sets the stage, develops a legal perspective on change of norms and values in the international legal order and distinguishes between structural change and norm change. This is followed in sections 3 and 4 by an examination of doctrinal categories that provide techniques to process change in international legal practice. International legal method is equipped with several techniques to process—and to conceptualize and evaluate—change: ‘Formal’ norm change is a matter of the doctrine of sources. International law can also change ‘informally’ through the shifting meaning of norm texts. Both formal and informal change is a matter of interpretation. Therefore, section 5 aims at theorizing interpretive change. It examines the relationship between the sources of law and legal interpretation as categories of change and analyses theoretical perceptions of interpretive change.
In challenging times for international law, there might be a heightened need for both analysis and prescription. The international rule of law as a connecting thread that goes through the global legal order is a particularly salient topic. By providing a working understanding of the content and contexts of the international rule of law, and by taking the regime of international investment law as a case study, this paper argues that assessing 'rise' or 'decline' motions in this sphere warrants a nuanced approach that should recognise parallel positive and negative developments. Whilst prominent procedural and substantive aspects of international investment law strongly align with the international rule of law requirements, numerous challenges threaten the future existence of the regime and appeal of international rule of law more broadly. At the same time, opportunities exist to adapt the substantive decision-making processes in investor-State disputes so to pursue parallel goals of enhancing rule of law at both international and national levels. Through recognising the specificities of interaction between international and national sphere, arbitrators can further reinvigorate the legitimacy of international rule of law through international investment law - benefitting thus the future of both.