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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.
Enlisted History
(2018)
Zeev Jawitz (1847–1924) was active in all spheres of culture: history, language, literature and pedagogy, all the while striving for harmonization with the Orthodox outlook. He understood that a people returning to its homeland needed a national culture, one that was both broad and deep, and that the narrow world of the Halakhah would no longer suffice. His main work was the multi-volume Toldot Israel (History of Israel, published 1895–1924) which encompasses Jewish history from its beginning – Patriarchs – until the end of the 19th century. His historical writing, with its emphasis on internal religious Jewish sources, the unity and continuity of Jewish history, and respect of Orthodox principles, comes as an alternative to the historiography of the celebrated historian Heinrich Graetz. The alternative that Jawitz tried to substitute for Wissenschaft des Judentums, was influenced not only by Orthodox ideology, which he supported, but also by his nationalist ideology. He saw himself and his disciples as the “priests of memory,” presenting the true and immanent history and character of the Jewish nation as a platform to the Jewish future in the land of Israel.
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.
Students of computer science studies enter university education with very different competencies, experience and knowledge. 145 datasets collected of freshmen computer science students by learning management systems in relation to exam outcomes and learning dispositions data (e. g. student dispositions, previous experiences and attitudes measured through self-reported surveys) has been exploited to identify indicators as predictors of academic success and hence make effective interventions to deal with an extremely heterogeneous group of students.
Due to the lack of acceptance of Wissenschaft des Judentums in academia, modern Jewish scholarship in the nineteenth century organized itself along networks of institutions such as rabbinical seminaries, contacts with related disciplines like Oriental Studies, and personal relationships. This last pathway of communication was essential for the cohesion of modern Jewish scholarship. Therefore, my essay portrays the correspondence between David Kaufmann and Leopold Zunz as an example of this channel of communication. By analyzing the exchange of letters and personal encounters between the two scholars, particular attention will be paid to the following questions: How were the letters transmitted until today? What were the main topics of the correspondence between these representatives of two generations of Wissenschaft des Judentums? Which were the positions of Kaufmann and Zunz towards the present and future of modern Jewish scholarship? How did Kaufmann become the first biographer of Zunz?
Gershom Scholem (1897–1982) portrayed modern Zionist historical scholarship as both a rejection and a corrective fulfillment of earlier eras of Wissenschaft des Judentums. Through attacks on his scholarly predecessors, Scholem detailed his vision for the potential of this renaissance of Wissenschaft to entail both objective research and a commitment to treating Judaism as a “living organism,” an approach that would ultimately ensure the scholarship could deliver value to the Jewish community. This article will explore the tensions that arise from Scholem’s commitments, his occasional admissions of these tensions, and his attempts to overcome them.
Rabbi Eliyahu Eliezer Dessler (1892–1953) is often portrayed as antagonistic to secular studies. However, his writings show more of an intellectual hierarchy that places Torah wisdom at the top and all other wisdom a distant second. R. Dessler expended great effort promoting Torah scholarship while generally refraining from disparaging secular studies. Looking at the writings of his predecessors in the Mussar (moralist) movement, one can see that there was no disapproval of worldly education there, either: In fact, R. Dessler and his predecessors were well-educated in many secular disciplines. This essay looks to places R. Dessler’s attitude toward Wissenschaft des Judentums within the context of his life’s mission to advance talmudic study and his consequent unwillingness to countenance anything that detracted from furthering the learning of Torah. I argue that, whereas his extreme opposition to Wissenschaft was the result of his aversion to its aims, methods and conclusions, his nuanced relationship to Orthodox Wissenschaft was the result of the hierarchy through which he viewed secular as opposed to talmudic study.
The 1920s witnessed a growing appearance of individual American Jews–
largely from wealthy and prominent families – who received training by Asian teachers and pursued Buddhist practices in Asian-founded Buddhist groups. Some of these American Jews gained prominence and leadership status in Buddhist communities and also ran their own semi-established Buddhist groups, with limited success. The social position and material success of these Jewish Buddhists allowed them the time and means to study and practice Buddhism. This paper illustrates these developments through the story of Julius Goldwater, a member of the prominent German Jewish family that included Senator Barry Goldwater. After encountering Buddhism in Hawaii and being ordained in Kyoto, Goldwater moved to Los Angeles to become one of the first European-American Jodo Shinshu ministers in America. This paper demonstrates how he was an early convert, teacher, and wartime proponent of American Buddhism.
Ismar Elbogen (1874–1943) and Franz Rosenzweig (1886-1929) were both pioneers in Jewish thought and culture. Elbogen authored the most comprehensive study on Jewish liturgy, while Rosenzweig’s magnum opus The Star of Redemption has emerged as one of the twentieth century’s most innovative and elusive works of Jewish thought. Even though Rosenzweig is not known for his work on or appreciation for the Wissenschaft des Judentums, this article will explore this overlooked aspect of his thought by exploring the influence of Ismar Elbogen. Commentaries to Rosenzweig’s views on prayer are numerous, yet none mention the work of Elbogen. This is a problem. By comparing Elbogen’s work on Jewish liturgy with Rosenzweig’s writings on prayer in the Star, we are able to demonstrate how methods seminal to the Wissenschaft des Judentums helped articulate several of Rosenzweig’s most innovative contributions to Jewish thought.
The article examines the work of Rabbi Yitzhak Isaac Halevy, arguably the most significant Orthodox response to the Wissenschaft des Judentums school of historiography. Halevy himself exemplified the Orthodox struggle against Wissenschaft, yet his work expressed a commitment to modern historiographical discipline that suggested an internalization of some of the very same premises adopted by Wissenschaft. While criticizing the representatives of Wissenschaft, Halevy was, at the same time, fighting for the internalization of its innovative characteristics into Orthodox society. He saw himself as a leader of a movement working towards the development of Orthodox Jewish studies and his application of modern historiographic principles from an Orthodox worldview as creating critical Orthodox historiography. Halevy’s approach promotes an understanding of Orthodoxy as a complex phenomenon, of which the struggle against modern secularization is just one of many characteristics.
Alon Goshen-Gottstein: The Jewish Encounter with Hinduism: Wisdom, Spirituality, Identity (Interreligious Studies in Theory and Practice series), New York: Palgrave, Macmillan 2016, IX, 275 S.
Alon Goshen-Gottstein: Same God, Other God: Judaism, Hinduism and the Problem of Idolatry (Interreligious Studies in Theory and Practice series), New York: Palgrave, Macmillan 2016. X, 265 S.
This paper narrates the changes in the Indian policy towards foreign investment and analyses them in the backdrop of overall changes in the field of international law and particularly within the framework of the international rule of law. The policy changes that have taken place in India can be categorised into three periods. The first period commences after independence from colonial rule. This period is intriguing. At the international level, India insisted on national treatment for foreign investment and supported the New International Economic Order. Domestically, however, nationalisation was not pursued, and even when pursued, was not applied to foreign investors. This period continued until the 1990s when India faced serious economic problems and this coincided with the high point of the Washington consensus, often seen as the rise of the international rule of law. During this time, national treatment was abandoned and innumerable investment treaties granting liberal protection were entered into. This process ended abruptly after India lost the first investment case. This turn of events comments the third period, where efforts were made towards balancing between investor protection and conserving regulatory freedom. Although this period may appear to be a decline of the international rule of law, a nuanced approach shows that it is rather a rise. India has not withdrawn from the system of investor protection, as has been done by some other States. This period is characterised by extensive and detailed treaties to replace the prior sketchy treaty provisions. This is a move towards a more rule based investment protection.
Plantae des États-Unis
(2018)
A recently discovered manuscript sheds a new light on Alexander von Humboldt’s stay in the USA in 1804. The document contains his notes on conversations with President Thomas Jefferson and botanist G. H. E. Mühlenberg. Humboldt also collected information on useful and medicinal plants, listed North American naturalists and documented consumer prices.
The present study aims at identifying the main trends in Italian international legal scholarship from 1990 onward. After a brief appraisal of the current situation within the Italian community of international law scholars, it will first focus on the methods and fields of interest of the most recent scholarship. Then, an attempt at contextualization will be made, by offering a brief overview of some current trends in international legal scholarship outside Italy and comparing these trends with the recent developments in Italian scholarship. In conclusion, it will be argued that, despite the greater fluidity of national identities, the persistence of common features still appears to characterize the Italian scholarship of international law. A long, deeply rooted and culturally rich tradition of studies in international law, the use of the Italian language, the dimension of the community as well as the presence of lively scientific institutions, are factors that, taken together, appear to favor a phenomenon of reproduction and perpetuation of certain common patterns of thought, thereby preserving the existence of a national perspective.
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.
This article explores the little-known author Friedrich Korn (1803–1850). Korn developed a theory of universal revelation which, among other things, claimed that the Jewish people descended from India. His theory is an amalgamation of the Romantic ideas about India, the historical criticisms as expounded by David Friedrich Strauß, and the desire to see his own conversion from Judaism to Protestantism as congruent with the historical progress of religion. Situating Korn in the intellectual context and theological debates of his time allows us to take a closer look at how he tried to reconcile many opposing stances, namely arguing for a genealogical lineage between India and the Jewish people, while calling for the conversion of the Jewish people to Christianity, and steadfastly believing in universal revelation, while holding on to the tools of historical criticism. These different positions made Korn an untimely author, out of sync with his peers and the scholarly attitude towards Judaism, India, and religion in general.
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.
Challenging the Paris Peace Treaties, State Sovereignty, and Western-Dominated International Law
(2018)
The genesis of the jus cogens doctrine in international law for long has been associated with a turn to a more value-laden international law after the Second World War promoted by British rapporteurs in the International Law Commission. This paper builds on this narrative but adds two seemingly contradictory story lines. In the 1920s and 1930s German-speaking international legal scholars like Alfred Verdross developed the concept as a tool to renounce the disliked Paris Peace Treaties in the context of more and more aggressive German revision policies. Furthermore, after 1945 Soviet thinkers of the Khrushchev era used jus cogens to criticize Western economic and military integration, while newly independent states regarded the concept as a promising vehicle for distancing themselves from traditional Western international legal notions in the era of decolonization. Hence, instead of embracing a progress narrative, a dark sides-account or a contributionist reading of the history of international law, this paper highlights the multifaceted origins of the jus cogens doctrine.
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.