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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.
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.
In light of current efforts at addressing the dangers of fake news, this article will revisit the international law relevant to the phenomenon, in particular the prohibition of intervention, the 1936 International Convention on the Use of Broadcasting in the Cause of Peace, and the 1953 Convention on the International Right of Correction. It will be argued that important lessons can be learned from the League of Nations’ (LON) efforts in the interwar period and the UN’s activities in the immediate post-WWII era, while taking into account the new challenges that arise from modern communication technology.
Taking up the LON’s and UN’s distinction between false and distorted news, the international legal framework will be tested, in particular, against the coverage of the 2016 ‘Lisa case’ by Russian Government-funded media. This coverage is widely considered to be fake news aimed at destabilizing Germany’s society and institutions.
The article argues that false news can be subject to repressive regulation in a sensible manner. Distorted news, however, will have to be tolerated legally, since prohibitions in this regard would be too prone to abuse. A free and pluralist media, complemented by an appropriate governmental information policy, remains the best answer to fake news in all its forms. Due diligence obligations to fact-check, transparency, and remedies that are effective despite difficulties in attribution, and despite a lack of universal acceptance, could likewise be conducive.
This paper illustrates the functional and conceptual variances of law in different contexts. Whereas legal actors on the international level might normatively aim for law to have a similar effect to that of domestic law, the way in which international and supranational law can fulfil these potential functions is different. Accordingly, this paper argues that an awareness with regard to the particularities and challenges that the potential functions of law encounter in the international and supranational context is needed. Moreover, it suggests an analytical lens to conceptually frame and locate current developments, offering a broader perspective on, or even an element of explication for, the apparent crisis that law is currently facing on the international and supranational scale. After describing the potential functions of law on an abstract scale and grouping them into analytical categories, the paper uses these categories as a lens in order to assess in which way international law can fulfil these potential functions, where priorities regarding certain functions might differ and where some aspects of these functions are challenged when law is made and applied in the international and supranational sphere.
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.
During its sessions in 2016 and 2017 the UN International Law Commission (ILC) debated the question whether the immunity of State officials from foreign criminal jurisdiction is subject to exceptions for international crimes and provisionally adopted a Draft Article 7 on immunity ratione materiae. The following analytical presentation classifies and documents the reactions of States to draft article 7, paragraph 1, as they have been expressed in the Sixth (Legal) Committee of the General Assembly in 2017.
Berlin – New York
(2018)
Beginning in January 2019, the new German government will face a particular new responsibility for world affairs: provided the elections in June 2018 lead to the desired result, Germany will be an elected member of the UN Security Council for two years from January 2019 until December 2020. However, Germany has been a respected and highly relevant member of the United Nations not only during its terms on the Security Council but also in “normal” times. The present article attempts to shed light on a few aspects of Germany’s role in the UN during Merkel’s chancellorship with an emphasis on her third term (2014-2017), such as the cooperative relationship between Germany and the UN Secretary-General in important policy fields, Germany’s financial contributions to the UN, the impact of Germany’s EU membership on its UN membership and the country’s efforts with regard to the reform of the Security Council. The paper further provides context for Germany’s abstention in the vote on Security Council Resolution 1973 on Libya in 2011. It concludes by ascertaining that Germany with its approach of active multilateralism has taken its place as one of the leading nations in Europe and is ready to take on responsibility with its partners to achieve a peaceful and stable world order.
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.
The rule of law is the cornerstone of the international legal system. This paper shows, through analysis of intergovernmental instruments, statements made by representatives of States, and negotiation records, that the rule of law at the United Nations has become increasingly contested in the past years. More precisely, the argument builds on the process of integrating the notion of the rule of law into the Sustainable Development Goals, adopted in September 2015 in the document Transforming our world: the 2030 Agenda for Sustainable Development. The main sections set out the background of the rule of law debate at the UN, the elements of the rule of law at the goal- and target-levels in the 2030 Agenda – especially in the SDG 16 –, and evaluate whether the rule of law in this context may be viewed as a normative and universal foundation of international law. The paper concludes, with reflections drawn from the process leading up to the 2030 Agenda and the final outcome document that the rule of law – or at least strong and precise formulations of the concept – may be in decline in institutional and normative settings. This can be perceived as symptomatic of a broader crisis of the international legal order.
The paper looks at community interests in international law from the perspective of the International Law Commission. As the topics of the Commission are diverse, the outcome of its work is often seen as providing a sense of direction regarding general aspects of international law. After defining what he understands by “community interests”, the author looks at both secondary and primary rules of international law, as they have been articulated by the Commission, as well as their relevance for the recognition and implementation of community interests. The picture which emerges only partly fits the widespread narrative of “from self-interest to community interest”. Whereas the Commission has recognized, or developed, certain primary rules which more fully articulate community interests, it has been reluctant to reformulate secondary rules of international law, with the exception of jus cogens. The Commission has more recently rather insisted that the traditional State-consent-oriented secondary rules concerning the formation of customary international law and regarding the interpretation of treaties continue to be valid in the face of other actors and forms of action which push towards the recognition of more and thicker community interests.
Over the last few decades, the methodology for the identification of customary international law (CIL) has been changing. Both elements of CIL – practice and opinio juris – have assumed novel and broader forms, as noted in the Reports of the Special Rapporteur of the International Law Commission (2013, 2014, 2015, 2016). This paper discusses these Reports and the draft conclusions, and reaction by States in the Sixth Committee of the United Nations General Assembly (UNGA), highlighting the areas of consensus and contestation. This ties to the analysis of the main doctrinal positions, with special attention being given to the two elements of CIL, and the role of the UNGA resolutions. The underlying motivation is to assess the real or perceived crisis of CIL, and the author develops the broader argument maintaining that in order to retain unity within international law, the internal limits of CIL must be carefully asserted.
This paper will turn into a contribution to a book on community obligations. It focusses on third parties' rights and obligations in armed conflict.
It is often said that international law has developed from a legal order which is designed to protect sovereignty to a system which also promotes community interests. This shift is said to be reflected in structural changes of the legal system. The creation of rights and obligations for third parties is generally seen as a part of this perceived paradigmatic shift. Community interests can be furthered either by negative duties of abstention, by an entitlement for third states, or even by duties to take positive measures. Since the shift towards protecting community interests apparently requires some form of cooperation, positive rights and duties to protect and to promote appear to be indispensable. Authors relying on a community perspective often dismiss duties of abstention as an expression of indifference in the face of a violation of a fundamental norm. Solidarity seems to require that third states take a more proactive role in actively enforcing community interests.
The paper aims to test this understanding on the basis of an analysis of rights and obligations of third states in armed conflict. In order to argue that duties of abstention of third states are a central instrument for promoting community interests in relation to armed conflicts, the paper will first trace pertinent structural changes in international law. In particular, it will question the extent to which positive rights and obligations of third states have been firmly established in international law. In a second step, this contribution will evaluate the overall tendencies in the ongoing lawmaking process for promoting community interests in relation to armed conflict.
Caribbean States organised in CARICOM recently brought forward reparation claims against several European States to compensate slavery and (native) genocides in the Caribbean and even threatened to approach the International Court of Justice. The paper provides for an analysis of the facts behind the CARICOM claim and asks whether the law of state responsibility is able to provide for the demanded compensation. As the intertemporal principle generally prohibits retroactive application of today’s international rules, the paper argues that the complete claim must be based on the law of state responsibility governing in the time of the respective conduct. An inquiry into the history of primary (prohibition of slavery and genocide) as well as secondary rules of State responsibility reveals that both sets of rules were underdeveloped or non-existent at the times of slavery and alleged (native) genocides. Therefore, the author concludes that the CARICOM claim is legally flawed but nevertheless worth the attention as it once again exposes imperial and colonial injustices of the past and their legitimization by historical international law and international/natural lawyers.
This article re-examines the relationship between Africa and the International Criminal Court (ICC). It traces the successive changes of the African attitude towards this Court, from states' euphoria, to hostility against its work, to regional counter-initiatives through the umbrella of the African Union (AU). The main argument goes beyond the idea of "the Court that Africa wants" in order to identify concrete reasons behind such a formal argument which may have fostered, if not enticed, the majority of African states to become ICC members and actively cooperate with it, when paradoxically some great powers have decided to stay outside its jurisdiction. It also seeks to understand, from a political and legal viewpoint, which parameters have changed since then to provoke that hostile attitude against the Court's work and the entrance of the AU into the debate through the African Common Position on the ICC. Lastly, this article explores African alternatives to the contested ICC justice system. It examines the need to reform the Rome Statute in order to give more independence, credibility and legitimacy to the ICC and its duplication to some extent by the new "Criminal Court of the African Union". Particular attention is paid to the resistance against this idea to reform the ICC justice system.
The paper undertakes a preliminary assessment of current developments of international law for the purpose of mapping the ground for a larger research project. The research project pursues the goal of determining whether public international law, as it has developed since the end of the Cold War, is continuing its progressive move towards a more human-rights- and multi-actor-oriented order, or whether we are seeing a renewed emphasis of more classical elements of international law. In this context the term “international rule of law” is chosen to designate the more recent and “thicker” understanding of international law. The paper discusses how it can be determined whether this form of international law continues to unfold, and whether we are witnessing challenges to this order which could give rise to more fundamental reassessments.
Immanuel Kant mentions in his Physical Geography the waterfall of the Bogotá River in South America, known today as the Salto de Tequendama, which is located near Bogotá, the capital city of Colombia. Kant claims that this was the highest waterfall in the world, which is not true. Alexander von Humboldt could not know anything about it, but he visited the Salto in 1801, just before the publication of Kant‘s Physical Geography, and went to personally measure the height of the Salto. In this paper we make a comparison of both personalities who, unknowingly, were united by their interest in the Salto de Tequendama.
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.
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.
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 St. Petersburg Branch of the Archive of the Russian Academy (PFA RAN) contains two manuscript biographies of Daniel Chwolson, the Russian-Jewish Orientalist, advocate of Jewish scholarship, and bridge builder to the Breslau Jewish Theological Seminary. They were written by his pupil and colleague, Pavel Kokovtsov, and his grandson Yevgeny Chwolson, respectively. These two texts are studied against the background of published texts and popular opinion of Chwolson in late Imperial Russia. Apart from some details, these manuscripts offer limited additional information as factual sources, most of their contents being mere variation of published texts. However, the biography of Chwolson written by his grandson is a valuable source on the reception of Chwolson and illustrates the potential of further mythological appreciation of his personality and works in the Soviet time as a defense strategy for Chwolson’s family. It also contains crucial information on the fate of Chwolson’s archive.
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?
This article examines the works of Adolf Jellinek (1821–1893) on the history of mysticism and the Kabbalah, which were written during his fourteen-year residence in Leipzig. It argues that studying the Spanish Kabbalists allowed Jellinek to work through ideas concerning the development of Jewish theology and the interplay of Jewish and non-Jewish philosophical perspectives. The article briefly describes Jellinek’s early education and attraction to Leipzig; his first writings on Kabbalah; and concludes with an analysis of his larger philological and genealogical projects on the authorship and literary background of the Zohar. Though Jellinek’s later prominence as a rabbi and preacher in Vienna has had the tendency to obscure his years in Leipzig, it was Jellinek’s work in Saxony that laid the groundwork for most of his subsequent scholarship on Jewish mysticism. This article is a brief introduction to this research and one more step toward revealing the still too often forgotten Wissenschaft interest in the history of Jewish mysticism.
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.
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.
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.
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.
Prevalence and Predictors of Sexual Aggression Victimization and Perpetration in Chile and Turkey
(2017)
Background: Although sexual aggression is recognized as a serious issue worldwide, the current knowledge base is primarily built on evidence from Western countries, particularly the U.S. For the present doctoral research, Chile and Turkey were selected based on theoretical considerations to examine the prevalence as well as predictors of sexual aggression victimization and perpetration. The first aim of this research project was to systematically review the available evidence provided by past studies on this topic within each country. The second aim was to empirically study the prevalence of experiencing and engaging in sexual aggression since the age of consent among college students in Chile and Turkey. The third aim was to conduct cross-cultural analyses examining pathways to victimization and perpetration based on a two-wave longitudinal design.
Methods: This research adopted a gender-inclusive approach by considering men and women in both victim and perpetrator roles. For the systematic reviews, multiple-stage literature searches were performed, and based on a predefined set of eligibility criteria, 28 studies in Chile and 56 studies in Turkey were identified for inclusion. A two-wave longitudinal study was conducted to examine the prevalence and predictors of sexual aggression among male and female college students in Chile and Turkey. Self-reports of victimization and perpetration were assessed with a Chilean Spanish or Turkish version of the Sexual Aggression and Victimization Scale. Two path models were conceptualized in which participants’ risky sexual scripts for consensual sex, risky sexual behavior, sexual self-esteem, sexual assertiveness, and religiosity were assessed at T1 and used as predictors of sexual aggression victimization and perpetration at T2 in the following 12 months, mediated through past victimization or perpetration, respectively. The models differed in that sexual assertiveness was expected to serve different functions for victimization (refusal assertiveness negatively linked to victimization) and perpetration (initiation assertiveness positively linked to perpetration).
Results: Both systematic reviews revealed that victimization was addressed by all included studies, but data on perpetration was severely limited. A great heterogeneity not only in victimization rates but also in predictors was found, which may be attributed to a lack of conceptual and methodological consistency across studies. The empirical analysis of the prevalence of sexual aggression in Chile revealed a victimization rate of 51.9% for women and 48.0% for men, and a perpetration rate of 26.8% for men and 16.5% for women. In the Turkish original data, victimization was reported by 77.6% of women and 65.5% of men, whereas, again, lower rates were found for perpetration, with 28.9% of men and 14.2% of women reporting at least one incident. The cross-cultural analyses showed, as expected, that risky sexual scripts informed risky sexual behavior, and thereby indirectly increased the likelihood of victimization and perpetration at T2 in both samples. More risky sexual scripts were also linked to lower levels of refusal assertiveness in both samples, indirectly increasing the vulnerability to victimization at T2. High sexual self-esteem decreased the probability of victimization at T2 through higher refusal assertiveness as well as through less risky sexual behavior also in both samples, whereas it increased the odds of perpetration at T2 via higher initiation assertiveness in the Turkish sample only. Furthermore, high religiosity decreased the odds of perpetration and victimization at T2 through less risky sexual scripts and less risky sexual behavior in both samples. It reduced the vulnerability to victimization through less risky sexual scripts and higher refusal assertiveness in the Chilean sample only. In the Turkish sample only, it increased the odds of perpetration and victimization through lower sexual self-esteem.
Conclusions: The findings showed that sexual aggression is a widespread problem in both Chile and Turkey, contributing cross-cultural evidence to the international knowledge base and indicating the clear need for implementing policy measures and prevention strategies in each country. Based on the results of the prospective analyses, concrete implications for intervention efforts are discussed.
Causes for slow weathering and erosion in the steep, warm, monsoon-subjected Highlands of Sri Lanka
(2018)
In the Highlands of Sri Lanka, erosion and chemical weathering rates are among the lowest for global mountain denudation. In this tropical humid setting, highly weathered deep saprolite profiles have developed from high-grade metamorphic charnockite during spheroidal weathering of the bedrock. The spheroidal weathering produces rounded corestones and spalled rindlets at the rock-saprolite interface. I used detailed textural, mineralogical, chemical, and electron-microscopic (SEM, FIB, TEM) analyses to identify the factors limiting the rate of weathering front advance in the profile, the sequence of weathering reactions, and the underlying mechanisms. The first mineral attacked by weathering was found to be pyroxene initiated by in situ Fe oxidation, followed by in situ biotite oxidation. Bulk dissolution of the primary minerals is best described with a dissolution – re-precipitation process, as no chemical gradients towards the mineral surface and sharp structural boundaries are observed at the nm scale. Only the local oxidation in pyroxene and biotite is better described with an ion by ion process. The first secondary phases are oxides and amorphous precipitates from which secondary minerals (mainly smectite and kaolinite) form. Only for biotite direct solid state transformation to kaolinite is likely. The initial oxidation of pyroxene and biotite takes place in locally restricted areas and is relatively fast: log J = -11 molmin/(m2 s). However, calculated corestone-scale mineral oxidation rates are comparable to corestone-scale mineral dissolution rates: log R = -13 molpx/(m2 s) and log R = -15 molbt/(m2 s). The oxidation reaction results in a volume increase. Volumetric calculations suggest that this observed oxidation leads to the generation of porosity due to the formation of micro-fractures in the minerals and the bedrock allowing for fluid transport and subsequent dissolution of plagioclase. At the scale of the corestone, this fracture reaction is responsible for the larger fractures that lead to spheroidal weathering and to the formation of rindlets. Since these fractures have their origin from the initial oxidational induced volume increase, oxidation is the rate limiting parameter for weathering to take place. The ensuing plagioclase weathering leads to formation of high secondary porosity in the corestone over a distance of only a few cm and eventually to the final disaggregation of bedrock to saprolite. As oxidation is the first weathering reaction, the supply of O2 is a rate-limiting factor for chemical weathering. Hence, the supply of O2 and its consumption at depth connects processes at the weathering front with erosion at the surface in a feedback mechanism. The strength of the feedback depends on the relative weight of advective versus diffusive transport of O2 through the weathering profile. The feedback will be stronger with dominating diffusive transport. The low weathering rate ultimately depends on the transport of O2 through the whole regolith, and on lithological factors such as low bedrock porosity and the amount of Fe-bearing primary minerals. In this regard the low-porosity charnockite with its low content of Fe(II) bearing minerals impedes fast weathering reactions. Fresh weatherable surfaces are a pre-requisite for chemical weathering. However, in the case of the charnockite found in the Sri Lankan Highlands, the only process that generates these surfaces is the fracturing induced by oxidation. Tectonic quiescence in this region and low pre-anthropogenic erosion rate (attributed to a dense vegetation cover) minimize the rejuvenation of the thick and cohesive regolith column, and lowers weathering through the feedback with erosion.
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.
An academic project of translating the Babylonian Talmud into Japanese was initiated by a president of private jewelry company in 1986 and sixteen volumes of it were published with the collaboration of more than ten Japanese scholars of the Bible and Judaism until 2016. In order to make an assessment for possible impacts of this translation on Japanese cultural revitalization, the author tried to perceive the collision and struggles the Talmud has faced in transmitting itself to later generations even to the present days as it has still claimed its universal validity. It will be helpful to envisage Jewish intellectuals of the subsequent generations wondering what it was to live according to the Torah and the Talmud and how they coped with difficulties in facing the collision of foreign cultural impacts especially in the modern era. As the Japanese people had been profoundly influenced by Buddhism before the modern era, the assumption of the similarity between the Buddhist notion of enlightenment through transmission of the ineffable truth and the similar notion of Rabbinic Judaism will help prospect the possible influence of the Jewish scripture. This Buddhist notion had been most successfully developed in the tradition of Zen Buddhism in Japan. Furthermore this notion was fully and more influentially developed in the sphere of education of Japanese military ruling class and their cultural achievements before the modern era. So we suppose that Jewish endeavors in the Talmudic studies facing collisions and struggles against western impacts will give some insights in considering Japanese struggles against, and responses to, the forceful impacts of the modern West upon our traditional value system.
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.
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.
A New Kind of Jew
(2018)
The article examines Allen Ginsberg’s spiritual path, and places his interest in Asian religions within larger cultural agendas and life choices. While identifying as a Jew, Ginsberg wished to transcend beyond his parents’ orbit and actively sought to create an inclusive, tolerant, and permissive society where persons such as himself could live and create at ease. He chose elements from the Christian, Jewish, Native-American, Hindu, and Buddhist traditions, weaving them together into an ever-growing cultural and spiritual quilt. The poet never underwent a conversion experience or restricted his choices and freedoms. In Ginsberg’s understanding, Buddhism was a universal, non-theistic religion that meshed well with an individualist outlook, and worked toward personal solace and mindfulness. He and other Jews saw no contradiction between enchantment with Buddhism and their Jewish identity.
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.
This article deals with contact between East Asian thought and modern Hebrew Literature from the late nineteenth century through the twentieth century, until today. In the first part, the article suggests that from a historiographical perspective, one may outline three waves of contact between these two cultural phenomena, at opposite ends of Asia. In the first wave, which began in the early twentieth century, Asian influence on Hebrew literature written in Europe was mediated mainly through the philosophers Schopenhauer and Nietzsche. The second wave, which emerged in the 1950s, relates to the influence of the leaders of the Beat Generation, who, in turn, were influenced by modernist poetry in English, which was colored by contact with Asian poetry. The third wave is part of the glocal New Age phenomenon and its appropriation of certain Buddhist traits.
The second part of the article presents several theoretical possibilities of symbioses between cultures, as they appear within language.
The third part presents the symptomatic example of the work of contemporary Hebrew writer Yoel Hoffmann, who appears to be a representative of the second wave; however, his work maintains dialogue with the first wave, and its current popularity is part of the third wave. Hoffmann’s work serves as an example of how to apply the theoretical possibilities presented in the second part of the article, as an instance of literary contact between two cultures and their respective languages.
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.
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.
A Case for Serious Play
(2017)
On-demand Musicology
(2017)