Historical Debate Research Articles

Czy argument historyczny może pomóc w trudnych przypadkach dzisiejszego prawa prywatnego?

The use of historical arguments in legal reasoning today is relatively rare and often superficial. The aim of the paper is to clarify whether the situation can be changed and whether this would be useful for the interpretation of codified private law. In the author's view, a change in this direction will be possible and justified when historical arguments are made available in a way that is clearly linked to issues of contemporary practice and is addressed to lawyers who believe in the existence of objective premises of rationality in law and are open to including historical arguments into topical reasoning in order to support a solution that he or she considers legitimate. The author believes that the best way for making historical arguments available for such a purpose is a historical commentary on the Civil Code. The article presents a conception for such a commentary.

How many people lived in the world’s earliest villages? Reconsidering community size and population pressure at Neolithic Çatalhöyük

Adopting a building and village biography approach combining archaeology and ethnography, we critically reevaluate the historical argument that Neolithic villages were occupied by many thousands of people. Focusing on the settlement at Çatalhöyük, Turkey, where it has been argued that 3,500 and 10,000 people lived in the village, we argue that this is a significant overestimate of the number of people that occupied this settlement. Drawing upon revised distribution of residential buildings across the mound, and employing archaeological and ethnographic data exploring building life-history, we estimate that between 600 and 800 people would have lived at Çatalhöyük East during an average year during the Middle (6700–6500 cal BC) phase. This research highlights the need to critically revaluate historical population estimates for Neolithic villages, the importance of developing explicit population modeling methods in archaeology, and to reconsider population-driven evolutionary models linking the Near Eastern Neolithic to urbanism.

From Allston to Ahmedabad: American hegemony in management education reexamined

Purpose This paper aims to study the origin story of Harvard Business School’s involvement with the Indian Institute of Management Ahmedabad to study the reasons for the spread of American management education. It introduces both the explicit influence of Cold War politics and Indian development imaginaries to the export of American management thought in the early 1960s. Design/methodology/approach This paper relies on archival research for its primary source material, drawing upon rich archives of documents found at the Baker Library of Harvard Business School. Findings Harvard’s role in Ahmedabad was explicitly influenced by the Cold War anti-communist foreign policy of the USA, but did so opportunistically and contrary to the Ford Foundation’s (FF) original plans. Vikram Sarabhai, who was a key player in the Indian national imaginary of development, invited Harvard on his own initiative and forced the foundation to follow his interests rather than being a mere “subaltern.” Research limitations/implications This paper could additionally add to the historical debate about the scope and periodization of the Cold War and the role of non-state actors. Originality/value This paper covers new ground in exploring the early connection between the Indian development imaginary and business education. It concludes that the export of hegemonic US management education was not successful during Cold War, and the FF was not as dominant as it was made out to be.

Historical method and critical thinking in secondary school students

Knowing history represents a fundamental element in professional training. In this work, the educational strategies used for training in history were analyzed, and a methodological proposal was also made to improve the understanding of history through a method that promotes critical and divergent thinking. For this purpose, a purposeful bibliographical investigation was carried out, which allowed us to know the variables associated with the historical method and its impact over time. But it was also possible to learn that the traditional method of teaching history is not the most suitable for creating cultured people, with high capacities to engage in historical debates and understand events from their internalization and not from rote theory. Finally, the activities and sessions necessary to apply an efficient and effective historical method in the subject of social sciences and history are proposed.

Peran Empati dalam Pengajaran Sejarah

The role of history learning in reducing the empathy crisis is to ground historical empathy. However, teaching and research on historical empathy has not been very massive because in Indonesia the concept of historical empathy is relatively new and not much empirical data has been adopted by academics. This research aims to map the concept and teaching of historical empathy in history learning. This research uses qualitative research with a literature review method, that is: first, identifying the problem statement; second, identifying the problem statement; and third, identifying the problem statement: first, identifying the problem statement; second, identifying relevant research; third, selecting research; fourth, mapping data; and fifth, compiling, summarizing, and reporting results. The results of this study include the definition of historical empathy from various experts presented with a continuum line that is preceded by historical debates and followed by elements of historical empathy from the cognitive and affective domains and a combination of both, as well as historical empathy didactics which include: learning models that have been developed; suitable learning materials or themes; learning reflection or evaluation activities; and the level of achievement of historical empathy for students. The implication of this study is as a literature option for further researchers and as a reference material for history teachers in designing lessons that want to develop historical empathy skills in order to strengthen the character of the “Profil Pelajar Pancasila" for students who are tolerant, caring, democratic, and open-minded.

The Formation of American Historiography of the New Deal (1930s – early 1960s)

The article analyzes the formation of American historiography of the New Deal based on a comprehensive study of scientific and journalistic literature. The initial assessments of the New Deal date back to the presidential campaign of 1932 when it was still a preliminary theoretical reform program. During the political debates of the 1930s, opponents of F. Roosevelt criticized the New Deal because, in their opinion, it did not align with American traditions, operated with un-American approaches to public administration, etc. These assessments were significantly influenced by the international situation related to the crisis of capitalism and democratic governance in Europe. Political opponents, referring to experience overseas, unjustly regarded the New Deal as a manifestation of one of the European radical “isms”. The author of the article found that such assessments did not find a wide response in society, and the scientific works of researchers who defended similar theses were on the margins of historical debates around the New Deal.
 The publication of their memoirs by most members of F. Roosevelt’s cabinet and his advisers, as well as the opening of access to the President’s library in Hyde Park, contributed to the formation of the first scientific assessments of the New Deal in the late 1940s. The historiography of the New Course had its “founding fathers”, to whom the author of this article includes – Arthur M. Schlesinger Jr., B. Rauch, R. Hofstadter, F. Freidel, J. Burns, and W. Leuchtenburg. These researchers established a scientific basis that remains valid to this day, despite various attempts to revise it. They established certain historiographical trends and approaches to research and interpretation of this period in the 1950s. The author determined that the 1950s were marked by a debate between two schools of historical thought – Progressive and Consensus, regarding what the New Deal was – a continuation of the reform movement of previous decades, a turning point, or a revolution in American life and politics. In the research, the author considered and analyzed the main arguments and counterarguments of each of the schools.

“My mother did not have civil rights under the law”: Family derived race categories in negotiating positions on Critical Race Theory

AbstractHow do persons negotiate the relevance of historic racial injustice for contemporary concerns? In this paper, I show that persons could develop and use racial categorizations in association with family relations to make salient (or not) the relevance of past racial injustice for contemporary concerns. I examined how people construct and orient to racial group membership as implying historical oppression, and its relevance for contemporary interracial relations in the form of supporting or opposing Critical Race Theory (CRT) teaching in the United States public school system. I examined debates and discussions on CRT televised in the American news media using discursive psychological approaches. Findings show that race categories were developed and used in relation to one's ancestors: parents, aunts and uncles, and distant generations. This was done to raise the salience of past racial injustice, which otherwise would involve offering historic or other social structural arguments. The use of family derived race categories at once personalized and enhanced the credibility of the speaker, and countered possible implications for taking responsibility for past actions. These family‐derived race categories were then a resource speakers could use to negotiate their position on CRT. These findings are discussed in relation to the relevance of time for negotiating racism. Further arguments are developed in relation to how an ethnomethodological approach can illuminate critical arguments on race and racism.

History of the Hanse: Construction and deconstruction

AbstractThis article explores 150 years of historiography of the Hanse, the premodern trade network of mainly Low German merchants and their towns. It focusses on the construction of its infrastructure (the Hanseatic History Association, its source publications and its journal) and on the deconstruction of viewing the history of the Hanse in terms of its rise, greatness and fall. Instead, it looks at three different ways to grasp and understand the Hanse: (1) The dynamics of the so‐called “formative” period, (2) The formalization of the Hanse, and (3) Recent critical re‐evaluations of the main source editions of the Hanse, and the use of discourse or political communication at the so‐called Hanse diets, the meetings of Hanse towns. Finally, the relevance of the Hanse for wider historical debates and its use for present‐day purposes is discussed.

Person-Hood Issues Related To Artificial Intelligence

The abstract explores the intricate and ethically challenging subject of personhood issues in the realm of Artificial Intelligence (AI). As AI continues to advance, questions regarding the legal status, rights, and responsibilities of AI systems emerge, sparking a profound debate on whether AI entities should be granted personhood. The discussion begins by framing the current state of AI, acknowledging its increasing sophistication and integration into various aspects of human life. The focus then shifts to the core question: Should AI systems be endowed with legal personhood? This query becomes more pertinent as AI evolves towards achieving artificial general intelligence, comparable to human cognitive abilities. The abstract delves into the philosophical and ethical dimensions surrounding personhood, drawing parallels with historical debates on consciousness and humanity. The concept of personhood for AI is examined through the lens of ownership, accountability, representation, and management. The critical juncture is highlighted, where the evolution of AI, particularly towards artificial general intelligence, prompts a reassessment of the legal and ethical frameworks governing these entities. Notable considerations include the potential implications of personhood for AI, such as issues of ownership and accountability. The abstract raises thought-provoking scenarios, questioning the consequences of AI entities being granted legal status. The potential accumulation of wealth, rights, and influence by autonomous AI entities poses challenges to existing societal structures. Drawing on analogies from corporate law, the abstract explores the possibility of AI entities having a distinct legal status, separate from their human creators. However, it cautions against succumbing to the humanoid hype, emphasizing the need for a nuanced understanding of the implications of granting legal personhood to AI. In conclusion, the abstract underscores the urgency of addressing personhood issues related to AI. It navigates through the complex intersection of technology, ethics, and law, encouraging a thoughtful approach to the evolving nature of AI entities and their potential impact on societal structures. As AI progresses, defining the legal and ethical boundaries of personhood for these entities becomes a pivotal task to ensure responsible and equitable integration into human society.

MACOS 논쟁의 성격과 시사점

This paper examined the historical debates on MACOS (Man: A Course of Study), which was the social studies curriculum for 5th graders, used in the US around the year 1970. This article aimed to understand the nature of the debates and draw lessons for curriculum research. The birth of this curriculum was related to the Sputnik shock, leading Jerome Bruner to get involved in development projects. However, it was short-lived due to fierce conflicts with fundamentalists. This article discusses (a) what made MACOS into a debate and an opposition movement, (b) what kind of sociological meanings we can derive from it, and (c) what the implications of this historical debate are for curriculum developers. First, by examining related literature, this paper reviews the evolution of debates from grassroots resistance to nationwide struggles. It examines the characteristics of this debate in light of three aspects: the educational, political, and anthropological domains. As a result, this paper suggests (a) to be careful of overconfidence in the hypothesis of the so-called “little scientists,” (b) to possibly regard MACOS as a representative case for re-contextualization of curriculum, (c) that it is in line with today’s debates around multiculturalism, and (d) to reappraise this curriculum in today’s context as different from its social standing in the 1970s.

Remember lest we forget: the link between long-term memory and narrative, empathy and previous knowledge in Israel

ABSTRACT One of the most demanding challenges teachers and educators face is the need to engage their students with ‘difficult knowledge’ topics. The need to unwrap controversial issues that are the subject of cultural or historical debate, without oversimplifying them, making them accessible and their morals apparent, all while committing them to memory, is an ongoing challenge for most pedagogical approaches. How to teach difficult knowledge in the classroom, especially the topic of the Holocaust, is a question that all educators in Israel face during their career. A common teaching tool is the use of film in both first and third-person narrative. Focused on the effect of narrative perspective in the teaching of difficult knowledge, this article examines the effect of first-person and third-person narrative in film on both short- and long-term memory among a cohort of students enrolled at a college of education in Israel. It also seeks to provide news insights into this issue by looking at the connection between empathy, previous knowledge, and perspective taking.

Second-Graders’ Historical Reading, Thinking, and Writing About Rosa Parks

Second-graders engaged in complex reading, writing, and thinking about Rosa Parks and the Montgomery Bus Boycott. Close readings of secondary and primary sources situated students to discover incongruencies between what is reported within trade-books and what is revealed within historical documents. Scaffolding directed students’ scrutiny of secondary sources for historical gaps and of primary sources for historical significance. The scaffolding was differentiated for both text-based and visually oriented primary sources. The assessment—creation of a faux primary source—was discipline-specific and completed through peer- and teacher-led review. Students demonstrated historical literacy, thinking, and argumentation during different phases of this guided inquiry. Teachers and researchers can gain rich, nuanced understandings from examining classroom-based learning.

Bobbio's conception of human rights

This article aims to analyze the issue of human rights in the thinking of the Italian author Norberto Bobbio. The historical and contemporary debate on human rights has always been a scene of considerable controversy, gaining considerable space in the public debate with the advent of the Second World War, culminating in the signing of the Universal Declaration of Human Rights (1948). This declaration intended to meet a minimum set of rights so that every human being deserves, from birth, as a member of the human species. For the recognition of these rights universally, there is a need for this set of rights to correspond to the desires of all people, with their different cultures. In order to establish consensus, therefore, it is necessary to find homeomorphic concepts of human rights in different cultures. A second problem involving human rights is the issue of their protection, which is difficult to apply in certain cultures. In this second problem, Bobbio’s thought seems to have space, which identifies the effectiveness of human rights as the biggest challenge in this issue, especially regarding the rights of freedom and equality. The present study is based on exploratory research, with bibliographic analysis based on data collection in updated scientific material on the topic.

Prostitution adjacent: the politics and performance of mediated motherhood and sex work

ABSTRACT American television producers have created a slew of television series that focus on motherhood’s experience and meanings. This paper examines how SMILF (Showtime, 2017–2019) and The Deuce (HBO, 2017-) depict the intersection of motherhood and sex work under a capitalist and neoliberal society. Both series aired in 2017 when U.S. conversations around women’s bodily agency increased and thus, intervene in historical and current debates regarding women’s bodies and motherhood. I situate this paper within feminist television criticism informed by motherhood studies to examine cultural meanings circulated by each series. This paper reveals the connections between sex workers and mothers concerning their gendered labor and how this intersection displays neoliberal paradigms that govern mothers. While both series explore sex work seriously in the context of motherhood, I argue that SMILF and The Deuce suggest their characters’ labor is only moral if carried out for the sake of their children. Ultimately, these series complicate discourses around motherhood and sex work and reinforce dominant neoliberal narratives around the morality of motherhood in American culture.

Three Modalities of (Originalist) Fiduciary Constitutionalism

Abstract There is an ongoing body of scholarship in contemporary constitutional theory and legal history that can be labeled ‘fiduciary constitutionalism’. Some have wanted to strangle this work in its cradle, offering an argument pitched ‘against fiduciary constitutionalism’, full stop. But because there are enough different modalities of fiduciary constitutionalism—and particularly originalist varieties of it at the center of recent critiques—it is worth getting clearer about some methodological commitments of this work to help evaluate its promise and potential pitfalls. This article develops the ambitions, successes, and deficiencies of three modalities of historical and originalist argument that link American constitutionalism with the law and theory that constrains those with especial discretion and control over the legal and practical resources of beneficiaries known as fiduciary governance. Probing primary and secondary research in fiduciary constitutionalism can help show its value and limitations for legal historians and constitutional theorists alike.

Video Game Development as Public History

Public historians have recently directed significant attention toward video games as a media form for engaging diverse audiences with participatory historical representations and arguments. Yet despite the availability of easy-to-use game creation tools, historians have been slow to adopt game development. I developed a video game, Ab Uno Sanguine, based on my PhD research to assess the practicality of game design as a venue for public history practice. This article reflects on my experiences in historical game development along the ADDIE (Analyze, Design, Develop, Implement, Evaluate) process of game production. This paper connects game studies, historical game studies, and digital public history scholarship to demonstrate how historians can become historian-developers to disseminate their research without a large budget or a professional game design team.

DESAFIOS NA EDUCAÇÃO MODERNA POR HANNAH ARENDT

This writing aims to provide a critical analysis of the work “The Crisis in Education” by Hannah Arendt, focusing on educational decadence in the United States as an intrinsic facet of the challenges faced in the 20th century, aligning its perceptions with the Brazilian reality. The author highlights the continued deterioration of educational standards as a latent threat, while criticizing the illusion of forging a new world through education, including an exploration of the influence of equality in American society. The methodological approach adopted is bibliographic analysis, through the use of historical, philosophical and sociological arguments extracted from the alleged work. It is emphasized how relevant these characteristics are today in view of the needs for changes in the Brazilian educational system. The purpose of this research is to contribute to a better understanding of Arendt’s work, providing a solid theoretical basis aimed at contemporary reflections on the obstacles present in the educational scenario in Brazil. Its analysis goes beyond a mere bibliographical review by proposing relevant approaches to the areas of education. Therefore, the article is organized into two distinct moments, one that analyzes Hannah Arendt’s work, and the other that brings this reality to the Brazilian educational context.

Moving Homes, Moving Histories: Displacement and Refuge in Remi Weekes' "His House"

Abstract The past few decades have witnessed a dramatic increase in the mass movements of people across borders owing to political turmoil(s) and uprising(s). Such displacements, especially towards continents like Europe and North America, have given rise to narrative and cultural productions introducing a crucial intersection of existing socio-cultural and historical debates around the larger rubric of refugee community and culture. One such instance of South Sudan, experiencing a recent civil unrest and administrative change, leading to forced migration, has been explored through the visual and visceral cinematic experience encapsulated by Remi Weekes’ independent Netflix film ‘His House.’ The film tells an evocatively poignant story of two Sudanese refugees, seeking home and refuge, who are given asylum in Britain under various oppressive conditions. The film is, quite literally, perched on the binaries of culture, tradition and memory that go on to become the foundation of certain necessarily imaginative ideas of home and livelihood the couple builds across borders, away from their homeland. My paper would discuss the desire for ‘home’ in an asylum seekers’ life highlighting journeys and (re)production of narratives as an essential part of their trans-cultural lives. My arguments attempt to discuss the re-construction of (cross)cultural topologies and reconfiguration of space/borders. Finally, my research seeks to incorporate larger debates on myth and memory-making by negotiating space and imagination within the corporeal reality of ‘home.’

Orthodoxy in China and the West: The Jesuit Interpretation of Analects 2.16

The Confucius Sinarum Philosophus (1687) resulted from Jesuit research into Chinese classical texts. Upon its publication, the work conformed to the Jesuits’ accommodationist policy, facing challenges over its orthodoxy from both China and the West. The Latin translation and commentary on Analects 2.16 mirror these challenges and the Jesuit rebuttal. Compared to earlier translations, this version adheres more closely to traditional Chinese exegesis and participates actively in historical debates over orthodoxy. The annotations also delineate the heterodox teachings of the Yang (楊), Mo (墨), Daoist, and Buddhist schools, juxtaposing them with Confucianism, which they portray as a natural law to be perfected. The inclusion of these four heterodoxies introduces a novel aspect to Christian heresiology, while the portrayal of Confucianism assimilates it into the Christian orthodox framework. This article contends that the translation and commentary exemplify the Jesuits’ efforts to establish orthodoxy within both Chinese and Western contexts.

The Role of Public Relations in Disseminating Human Rights Culture and Social Peace in the Iraqi Society An Analytical Study of the Facebook Page of the High Commission for Human Rights

This research aims to clarify the role of public relations in disseminating a culture of human rights and social peace among the Iraqi public by examining the activities of the Public Relations Department in the Higher Commission for Human Rights. The primary focus of the research revolves around the question, "What is the role of public relations in spreading a culture of human rights and social peace among the Iraqi public?" The researcher employed a survey methodology to analyze the commission's activities published on its official Facebook page using both quantitative and qualitative content analysis from 1/10/2020, to 1/10/2021. Additionally, the researcher conducted scientific interviews with employees in the Public Relations and Outreach departments to obtain relevant information and data for the research. The study found that field visits were among the most important direct communication activities, while press releases constituted indirect communication activities, focusing on topics such as the right to healthcare and social care for citizens. The commission utilized persuasion techniques and arguments to convince its audience of the content of its communication messages. The communication strategies were identified as media strategy, relationship-building strategy, dialogue strategy, and social responsibility strategy. The research yielded several results, including the commission's focus on human rights in general and specific rights for targeted groups. Notably, field visits, receiving appeals and complaints, and conducting training workshops were prominent activities. Various persuasive techniques were applied, with a focus on logical appeals achieving the highest percentage compared to emotional and fear appeals. Additionally, the commission emphasized the use of logical arguments, such as the precedent argument, causal argument, and historical argument in its diverse content. Keywords: Role, Public Relations, culture, Human Rights, Social Peace, Higher Commission for Human Rights.