Founding Moment Research Articles

THE GUILT OF CADMUS THE FARMER IN STATIUS’ THEBAID

Abstract Statius’ Thebaid inverts the traditional positive reading of agricultural work. In the account of the founding moments of Thebes, the poet remains faithful to what is documented in the extant Greek and Roman literary material. However, as this article argues, Statius introduces two significant innovations with respect to his thematic precedents. First, Cadmus the founder is explicitly and emphatically pointed out as guilty of the internecine struggle that results from his farming. Second, he does not limit himself to sowing the soil but, previously, he plows it. The ploughing motif, although pivotal in the myth of Jason's trials in Cholchis, only appears referred to Cadmus in Ovid's Metamorphoses (3.104–5), albeit in a very succinct form. As will be examined, Statius amplifies the Ovidian suggestion, programmatically conferring negative connotations to this motif (tillage, bull, yoke, furrow, etc.) throughout his epic. Cadmus’ ill-fated tillage is unambiguously presented as the origin of the curse of Thebes and as the root cause of the present fratricidal war between Eteocles and Polynices. The dire fruits which agricultural labour invariably produces in the Cadmean farmlands echo Lucanean Thessalian fields from whose furrows, contaminated by the blood of Roman combatants, grow polluted crops. The blame that Statius places on the shoulders of Cadmus the farmer, the relationship he establishes between farming and fratricidal war, and his insistence on the perverse effects of agricultural work transform mythic Thebes into an exemplar of fratricidal Rome as apt as Lucan's historical Thessaly.

No higher law: The Uruguayan plebiscite of 1980 as a failed constituent moment

Abstract On November 30, 1980, the people of Uruguay were called on to vote on a new constitution whose objective was to legalize the military dictatorship that had ruled Uruguay since 1973. The proposed constitution would reestablish elections, political parties, and an independent judiciary, but all subject to overrule by the National Security Council (COSENA), the junta of military leaders that acted as the nation’s de facto ruling body. Despite the highly repressive political environment in which the plebiscite was held, the citizenry rejected the draft in resounding fashion by a vote of 57% to 43%. Although the Plebiscite of 1980 was certainly a “failure” from the regime’s point of view, it is considered a founding moment in Uruguayan history during which the dictatorship was delegitimized and the process of redemocratization triggered, culminating in a democratic transition in 1985. This case illustrates that constitutional failures can be successes in the long term when they launch deeper processes of democratization or constitutionalism.

Adopting a pedagogy of connection for medical education.

In this article, we propose developing a "pedagogy of connection" based on the history and evolution of medical education in Brazil. This pedagogy emerged from the intersection of the healthcare and higher educational systems, both dedicated to the principles of social justice and universal access, in response to the country's efforts to address the enduring impacts of slavery and social inequality. Following the "Sanitary Reformation" movement-a foundational moment for Brazil's healthcare and medical education systems-Brazil established the Unified Public Healthcare System (Sistema Único de Saúde - SUS). SUS is founded on principles of universality, integrality, equity, community participation, political and administrative decentralisation, hierarchisation and regionalisation. Aligned with these core principles and inspired by critical pedagogy, Brazilian medical education has evolved with a profound commitment to social justice, critical consciousness, professional presence and compassion. This evolution has given rise to a "pedagogy of connection," which imbues medical education with a sense of purpose and joy, preparing future medical professionals to address the challenges of our ever-evolving society and healthcare systems. The connections fostered by this pedagogy occur in complementary dimensions: (a) healthcare system and society, (b) community, (c) profession, (d) patients, and (e) ourselves. This innovative pedagogy enhances medical education discourse and practice by emphasising the development of a professional identity grounded in social justice and patient-centred care, which remain challenges for current medical education systems. As the global medical education community embraces decolonisation, this pedagogy offers a framework that can be adapted and enriched in various contexts worldwide, fostering opportunities for mutual learning from diverse educational systems in a dialogical and democratic manner.

Israel’s Declaration of Independence: The History and Political Theory of the Nation’s Founding Moment. By Neil Rogachevsky and Dov Zigler

Israel’s Declaration of Independence: The History and Political Theory of the Nation’s Founding Moment. <i>By Neil Rogachevsky and Dov Zigler</i>

Sovereignty, Territoriality, and Private International Law in Classical Muslim International Law

Abstract Scholars in recent years have shown interest in challenging the historical origins of international law and its normative claims to universality. This Article challenges the prevailing conceptions of Islamic international law (al-siyar), first set out in English-language scholarship by Majid Khadduri, as primarily an ad-hoc response to the failed aspiration of a universal Muslim commonwealth. It shows that Islamic international law, in its classical phase (eighth–thirteenth centuries), as first formulated by Iraqi, and later, Central Asian, scholars (who together later came to be known as Ḥanafīs), understood all legal order as being rooted in sovereignty and territoriality, with shared religion a secondary concern. This theory of legal order arose out of an understanding of political order as emerging from a natural and universal condition of war that is incidental to the individual’s natural sovereignty. I trace the genealogy of this conception to the founding moment of the Muslim commonwealth and describe its manifestation in classical Ḥanafī solutions to a series of cases in “private international law.”

Ninguna ley superior: El plebiscito uruguayo de 1980 como constituyente fallidoNo higher law: The Uruguayan Plebiscite of 1980 as a failed constituent moment

Abstract On November 30, 1980, the people of Uruguay were called on to vote on a new constitution whose objective was to legalize the military dictatorship that had ruled Uruguay since 1973. The proposed constitution would reestablish elections, political parties and an independent judiciary, but all subject to overrule by the National Security Council (COSENA), the junta of military leaders that acted as the nation’s de facto ruling body. Despite the highly repressive political environment in which the plebiscite was held, the citizenry rejected the draft in resounding fashion by a vote of 57% to 43%. Although the Plebiscite of 1980 was certainly a “failure” from the regime’s point of view, it is considered a founding moment in Uruguayan history during which the dictatorship was delegitimized and the process of redemocratization triggered, culminating in a democratic transition in 1985. This case illustrates that constitutional failures can be successes in the long term when they launch deeper processes of democratization or constitutionalism.

The network origin of Thailand’s youth movement

ABSTRACT Thailand appeared to be under a tide of youthful revolutionary change. In 2020, in a rare moment in Thai history, university and secondary school students, particularly female and LGBTQ + schoolchildren, took the lead in national protests against an autocratic government. It was a period during which the seemingly impossible, such as the reform of Thailand’s royal institutions, appeared possible. What were the historical origins of the country’s revolutionary youth movement? This article argues that the Thai youth movement emerged from youth activist networks fostered by post-coup political entrepreneurs. It describes the foundational moments of these networks and analyses their inside brokerage processes, i.e. how these political entrepreneurs cultivated friendships and ties among segregated young activists by creating unique spaces – campsites and activist houses. These underground spaces allowed activists to connect, learn, brainstorm, organize mobilization, and build cross-issue and cross-regional activist ties under an autocratic regime.

Angels, Guests and Sadists: On-Screen Poetry in the Cinema of Pier Paolo Pasolini

This article considers how poetry features in Pasolini’s cinema. It argues that the manner in which Pasolini films poetry provides insight into his theory of an affinity between poetry and film, and into more general judgements concerning social reality. The article begins with an analysis of the final sequence of Salò (1975) where I argue that Ezra Pound’s poetry provides a soundtrack for the spectacle of torture in which the film’s libertines engage. Following this, I consider Pasolini’s 1965 text “The Cinema of Poetry” and use this text as a way of reading the role played by a copy of Rimbaud’s collected poems in Teorema ( Theorem, 1968). I then move to consider the relationship between oral recitation and text in Il decameron ( The Decameron, 1971) and Il fiore della mille e una notte ( The Arabian Nights, 1974). In doing this, I argue that one can observe a shift across these films whereby poetry and orality move from being a foundational moment for reciprocal community to being a vehicle for an ambiguous and violent fate. The article then considers the conspicuous presence of reading and writing within Salò before ending with a consideration of one scene towards the end of the film in which Pasolini appears to invest a recitation of the Gospel with a disruptive force that is otherwise lacking in his final film.

Cannibalizing Bach: Villa-Lobos in Europe, 1936

Abstract During the 1930s, Heitor Villa-Lobos concentrated his efforts on coordinating Brazilian musical education. As such, he changed his compositional style and did not travel to Europe again until 1936. This article examines Villa-Lobos's trip to Europe in 1936, drawing on Florencia Garramuño's call to ‘incorporate avant-garde voyages as founding moments’ for an autochthonous national character in music. During his journey, Villa-Lobos represented Brazil in different settings: as a deputy at the International Congress of Music Education in Prague and as a composer in under-the-radar political negotiations with Nazi Germany in Berlin. Considering the authoritarian Vargas Regime, Brazilian modernism, and the dialectical relation between nationalism and internationalism, I argue that this trip served as a catalyst for a new creative phase, culminating in the series of Bachianas brasileiras, a resignification of J. S. Bach's music and legacy in the context of his interpretation of Brazilian Antropofagia (cultural cannibalism).

ALCOHOLICS ANONYMOUS (AA) IN ROMANIA: AA’S BEGINNINGS IN ROMANIA, A QUALITATIVE STUDY

This paper aimed to trace the evolution of Alcoholics Anonymous (AA) in Romania from its establishment there in 1991, focusing on the experiences and efforts of early members to develop the fellowship, disseminate the AA message and create relationships of cooperation and trust with existing religious and healthcare institutions. A qualitative ethnographic study was conducted between March and April 2021 and included 7 participants from the first two AA groups founded in Romania. Data were collected using ethnographic interviews and content analysis was used to obtain a comprehensive synthesis of the data. In addition, archival research was used. Four research categories emerged: AA’s founding moments in Romania, AA’s development in Romania, AA’s relationship with professionals, and perceptions of the disease of alcoholism, then and now. Results suggest that AA's development in Romania was slow due to the political context, lack of information and professionals’ reluctance to support AA. In addition, there is a need to build strong relationships with professionals in the area of substance abuse, social work and religious institutions to facilitate recovery for those who suffer from alcoholism.

Back to the (Winter) Garden: On Still Video, Motion Pictures and the Time of Early Photography

This essay, which reframes elements of my 2015 book, Daguerreotypes: Fugitive Subjects, Contemporary Objects, returns to the lacuna at the heart of Roland Barthes’s reflections on photo-graphy: the so-called “Winter Garden” photograph of his mother as a little girl. An image that is lovingly conjured but forever withheld, this photograph is the fulcrum of a theory of photography that emerged from the conjunction of mourning and desire. For Barthes, and all those working in his wake, the absent photograph is something of photography’s primal scene. With attention to the work of Eve Sussman and Simon Lee, their 2011 three-channel HD video Wintergarden and her 2018 NFT 89 Seconds Atomized in particular, this essay takes readers “back to the garden” to think about the time of early photography. To do so, this essay considers a range of contemporary videos that mine and mime the conventions of photography to produce static, durational encounters with stillness in a medium that is anything but, ultimately, revealing the truths and fictions of photography’s founding moment and fundamental logic.

Is it time to abandon the theory of constituent power?

Abstract A group of scholars has shown that the theory of constituent power—which seeks to describe and justify the dismantling of the constitutional order and its replacement with a new constitution—is flawed. The analytical tools the theory deploys fail to explain how constitution-making processes unfold. Also, the theory has been subject to normative challenges that question its democratic nature. However, the theory remains a mainstream idea in many countries, and some academics have attempted to defend its democratic nature. I claim that those attempts have rendered the theory meaningless or failed to address all of its problems. I then raise two objections. First, the constituent power theory cannot be used to justify most—if any—constitution-making processes without an excessive idealization of the founding moment, but we are yet to understand the actual costs of that idealization. Second, redeemers of the theory need to decide whether constitution-making can operate under reasonably favorable electoral and democratic conditions or not. Ideal conditions are improbable when constitutional change is carried out in response to a crisis. In the unlikely case that these conditions can be met, using an idea of constitutional change as radical as the constituent power theory is not warranted from a normative perspective. I call this the dilemma of constituent power redemption.

The log‐moment formula for implied volatility

AbstractWe revisit the foundational Moment Formula proved by Roger Lee fifteen years ago. We show that in the absence of arbitrage, if the underlying stock price at time T admits finite log‐moments for some positive q, the arbitrage‐free growth in the left wing of the implied volatility smile for T is less constrained than Lee's bound. The result is rationalized by a market trading discretely monitored variance swaps wherein the payoff is a function of squared log‐returns, and requires no assumption for the underlying price to admit any negative moment. In this respect, the result can be derived from a model‐independent setup. As a byproduct, we relax the moment assumptions on the stock price to provide a new proof of the notorious Gatheral–Fukasawa formula expressing variance swaps in terms of the implied volatility.

Assembling India’s Constitution: Towards a New History

Abstract The framing of India’s constitution was a critical event in the global history of both constitution-making and democracy. Conventionally it has been analysed as a founding moment. Its success against multiple odds has been explained as resulting from a vision and consensus among the elite over what would become a pedagogical text for an ‘ignorant’ and undemocratic public. This focus among academics on political elites, and an underlying assumption that constitutional details were beyond the public’s imagination, limited the scope of investigations largely to the Constituent Assembly debates. By directing the inquiry away from these debates towards hitherto unstudied documents, this article offers a paradigm shift in the method of research and understanding of India’s constitution-making. It explores the constitution as it emerged from beyond the Constituent Assembly through engagement with its making among diverse publics. In doing so, it shows that the Indian constitution was not simply founded and granted from above, but came about through many smaller acts of assembly away from the Constitution Hall. It was the public who set normative expectations and tried to educate the members of the Constituent Assembly, and this was critical for the constitution’s future reception and endurance.

Negotiating Nationhood: Constitutional Warfare, International Law, and the Birth of Bangladesh

AbstractThis paper argues the Government in Exile (GIE), the first government of independent Bangladesh, played an important role in framing the founding moment in legal terms. The GIE's constitutional warfare through its adherence to legalism, and subsequent internationalization of the conflict significantly shaped the independence movement of 1971. The GIE was composed of leaders who were lawyers, economists and other intellectuals who sought refuge in neighboring India. The agency of the founders and their allegiance to constitutional principles catalyzed the founding moment, oversaw the transition to an independent state and ultimately led to a swift adoption of a constitution that endures despite much instability. This national struggle of 1971 also played out in the international arena. In the process, lawyers from the so-called Third World articulated, reshaped, and generated new debates about international legal principles such as sovereignty, territoriality, and self-determination (and criterion for legitimacy of exiled governments)—most of which were considered to be well-settled at the time.

Political Misuse of Hagia Sophia as the Lost Object of the Istanbul Conquest

For Islamist-nationalist circles in Turkey, Istanbul’s conquest in 1453 is a significant triumph inherited from the Ottoman Empire that denotes the Turkish nation’s founding moment. In this article, the Islamist-nationalist rhetoric of Istanbul’s conquest is read through melancholy as a politically manipulated project, which fixes the conquest in (spatial) images of its own “mourning” and produces “lost objects” to use as a tool of political propaganda. What are the melancholy, or lost, objects of the Islamist-nationalist rhetoric of conquest? Architecture, as the bearer of clues to the search for the conquest rhetoric’s lost objects, becomes the article’s subject. Hagia Sophia in Istanbul, whose status as a prayer space (mosque) and secular space (museum) has been the central issue of controversies, is brought forward as the lost object of the conquest rhetoric. The political misuse of the building as the lost mosque by Islamist-nationalist circles is the main focus.

Art for People's Sake: Artists and Community in Black Chicago, 1965-1975 by Rebecca Zorach

Art for People's Sake: Artists and Community in Black Chicago, 1965-1975 by Rebecca Zorach

Back to Dakar: Decolonizing international political economy through dependency theory

Whereas the field of International Political Economy (IPE) included a diversity of voices at its outset, histories of the field tend to marginalize certain contributions - particularly those from the Global South. The endeavor to decolonize IPE offers an opportunity to look back at IPE’s history, re-discover the marginalized voices, and imagine new possible futures. This article engages with contemporary calls to decolonize IPE and proposes an alternative route to do so by recovering dependency theory. We argue that dependency theory can be conceptualized as a peripheral IPE perspective that was committed to thinking from the Global South and to producing politically engaged scholarship just as the field was being formed. The article elaborates on the key tenets of dependency theory, contrasting it with mainstream IPE, and putting it in dialogue with decolonial approaches. To demonstrate the simultaneous non-Eurocentric, anti-colonial, and policy-oriented potential of dependency theory, we recover a foundational moment that disciplinary histories of IPE have forgotten: the 1972 Dakar conference, organized by Samir Amin, with the participation of leading Latin American and African dependency scholars.

The Hispanic World at War and the Global Transformation of Commerce. Global Merchants in Spanish America: Business, Networks and Independence (1800-1830)

This special issue investigates how in the times of war, political turmoil, and disruption of commercial practices during the Age of Revolutions two centuries ago, merchants appear as demiurges of a new order. This is part of a polycentric reading of epochal transformations that does not deny the primacy of politics and military power in establishing relations of force, but which underline the complex negotiations at their base. The collection of essays looks at the profound global consequences of the fall of the Spanish American empire, particularly as they related to the decline of mercantilism and the reconfiguration of both Atlantic and inter-Pacific commerce. A crucial element in this transformation was the war economy, which had implications not only in Spanish America, but in the whole of the Hispanic world and beyond. Global merchants or businessmen —foreigners and Hispanic— strategically located in the Hispanic World, whose networks and affairs linked Europe, Asia and the Americas, worked within the vacuum created by the crisis of the Spanish monarchy in what was a fluid and foundational moment. The essays investigate how the Napoleonic Wars and the Wars of Independence against Spain accelerated the emergence of new actors, practices, rules and commercial circuits, by analyzing the personal and business networks that built, redefined and renegotiated the role of Hispanic America in the global economy. This prosopography of merchants thus shows trajectories through which, despite infinite difficulties, global and transregional merchants appear as one of the maieutic forces in the birth of the modern world.

The Institutionalization of International Law at a Crossroads: Pacifists, Jurists, and the Creation of the ILA and the IDI

The International Law Association (ILA) and the Institut de Droit International (IDI) were both founded in 1873 at a critical juncture in the history of pacifism and internationalism, in the immediate aftermath of the 1870–1871 Franco-Prussian War and the 1872 British-American Alabama arbitration. Frustrated by the blatant violations of international rules during the war and then emboldened by the arbitral resolution of the protracted Alabama dispute between Britain and the United States, pacifists and international jurists joined forces to promote an ordered system of international law and advocate for legalized international dispute settlement. The aim was to marshal the scattered reformist forces of international law in furtherance of international legal reform—“international law needed to be institutionalized,” as Gerald Fitzmaurice put it.1 This resulted in the almost simultaneous establishment of the pacifism-originated ILA and the legal-scientism-oriented IDI, and helped to explain the similarity in institutional telos and the high degree of overlap in membership between the two institutions in their early years.2 Nevertheless, the ILA and the IDI differed in their working agendas and strategies. In terms of agendas, while the ILA tended to adopt an idealist view of international law hardly succumbing to compromises, the IDI mainly adhered to a scientifically pragmatic approach. With respect to strategies, the ILA sought social influence based on expansive membership, while the IDI's membership consisted of a limited number of international jurists. Despite changes over time, these organizational structures and distinctions between the two institutions at their founding moment are still visible.