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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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.