Legal Historical Research Research Articles

State and law of the Chaghadai Ulus and early Timurid state as they were seen by foreign contemporaries

Research objectives: An analysis of official documents and notes of foreign contemporaries to clarify some aspects of political and legal life of the Chaghadai Ulus and early Timurid state in the 13th– beginning of 15th centuries. Materials and methods of research: The basic materials are official documents (diplomatic correspondence), travelers’ reports and notes, diaries and memoirs of travelers from different countries of Europe and Asia who visited the Chaghadai Ulus with different missions in the analyzed period as well as some official documents (diplomatic correspondence) between foreign and Mongol rulers. The methods of research are formal and historical legal research of historical documents, comparative legal analysis as well as historical approach in general. Scientific novelty: The state structure and legal relations in the Chaghadai Ulus and early Timurid state still have not been objects of special research. The author proposes to use works of foreign contemporaries as a tool to clarify some questions of political and legal life in the Chaghadaid state, finding similarities with other Chinggisid states and specific features of the region, its traditions, etc. Results of the research: The information of the analyzed historical documents, naturally, doesn’t allow one to reconstruct all aspects of political structure of Chaghadai Ulus and early Timurid state and their legal system in general, but adds valuable details to the information of other sources on history of this state – that is, historical chronicles (mainly of Timurid age) and legal monuments (khans’ yarliks and other official documents of the ulus). At that, we cannot ignore the fact that the Chaghadai Ulus before Timur was not considered as a full and authoritative member of international relations which is why contemporaries paid more attention to other Chinggisid states: The Golden Horde, Ilkhanate, Yuan Empire. However, the analysis of contemporaries’ notes could stimulate scholars to study some specific aspects of the Chaghadai Ulus’ history which were not researched before.

Digital History of Law: Principles of Methodology

Objective: to theoretically substantiate the basic principles of methodology of a new interdisciplinary area of socio-humanities – the digital history of law; to demonstrate the heuristic potential of digital technologies in legal historical sciences.Methods: the study is based on systemic, formal-logical, and comparative general scientific methods.Results: it is concluded that the methodology of the digital history of law is based, first of all, on the source-centric approach, which considers a source as a macro-object of humanitarian and social sciences, through which information exchange takes place (O.M. Medushevskaya’s concept of cognitive history). Secondly, it is based on the combination of traditional methods of legal history with digital techniques and technologies and methods based on them – within a research program of historical-legal (historical-juridical) source studies. The article attempts to summarize the existing digital technologies and techniques, as well as methods based on them, as applied to legal historical sciences; their heuristic potential is shown in case studies.Scientific novelty: for the first time in the Russian legal history science, the author substantiates the methodology of the digital history of law as an interdisciplinary field that studies the past of state and law using digital information and communication technologies and tools.Practical significance: under the shifts in socio-humanities (digital, linguistic, visual ones, etc.), which have become relevant in recent years, and the development of the digital type of social communication, methodological approaches to obtaining new knowledge are changing, new interdisciplinary branches of scientific knowledge are emerging, as well as new requirements for the qualification of researchers. The ongoing changes affect legal historical sciences: digital history of law is formed as an interdisciplinary area within digital humanities, at the confluence of history, legal science, and information science. The understanding and application of digital technologies and the scientific cognition methods based on them in legal historical research open up new opportunities for legal historians in determining the directions of their scientific research and obtaining new scientific results. This ultimately expands our understanding of historical and legal facts, phenomena and processes.

Ideology and Historiographic License in Chinese Legal Scholarship

Chinese legal historians and Chinese Communist Party ideologues engage with historical materials in order to advance various ideological projects, including subversive ideological perspectives. At the same time, historical scholarship appeals to many Chinese legal scholars because it is not seen and experienced as being as ideologically sensitive a field as other branches of Chinese legal scholarship. Chinese legal historians themselves have acknowledged their ability to discuss controversial topics—their “historiographic license”—through legal historical research. This article describes Chinese legal scholars’ historiographic license through the tools of rhetorical theory. The subversive elements of Chinese legal historiography can be attributed to the use of figurative language, which conveys forbidden meanings through innocuous surface text. Figurative language allows Chinese legal scholars to subtly question ideological doctrines—which they may support in other social contexts—without having to negate these doctrines explicitly. Historiography arguably even offers Chinese legal scholars a means to question their own ideological beliefs.

Joseph Bouet in the Durham criminal court (c.1825–1856): picturing nineteenth century courtroom actors. Part 1: lines of enquiry

ABSTRACT Between c.1825–1856, a French-born artist, Joseph Bouet, made approximately sixty pencil sketches of legal actors in the courtroom at Durham; including images of judges, lawyers, and defendants. Legal imagery from this period in North East England is rare and our research (presented in two parts) is the first detailed analysis of these sketches by legal scholars. This article introduces our preliminary analysis of Bouet’s sketches. We explore potential theoretical approaches and demonstrate that the images show the law in practice in a specific nineteenth century context. The value of our analysis is in revealing what the images tell us about legal institutions, the people who worked within them and the ‘objects/subjects’ of the law. The study makes an important contribution to socio-legal scholarship in demonstrating the value of such images as an underused source in legal historical research. The sketches are also the subject of a second article, Part 2 which presents three detailed case studies. The articles can be read as separate and independent pieces, but each benefit from being read in conjunction with the other.

ON HISTORICAL AND HISTORICAL-LEGAL RESEARCH: FORMS, CHALLENGES AND METHODOLOGIES

The present study intended to understand the meaning, forms and challenges in legal-historical research to suggest a general framework for the researchers doing legal-historical research. After deploying the doctrinal research method, the current study found that there is scarcity of guidelines for legal researcher to carry out historical research in law. The existing literature on methodology for legal-historical research studies do not offer a detailed methodology to carry out historical-legal research. The present study, after analyzing the meaning, forms, challenges and various methodologies, suggests seven-step methodology to carry out historical research in law. It is hoped that the present study will enable legal researchers to devise a comprehensive methodology for doing historical-legal studies. Key Words: Research, Historical Research, Historical-Legal research, Types of Research, Internal and External Research, Methodology of Historical-Legal Research.

WOMEN'S POLITICAL PARTICIPATION UNDER THE BRAZILIAN MILITARY DICTATORSHIP (1964-1985)

This study questions how the Brazilian Military Dictatorship (1964-1985) articulated its structures around violations of women's political liberties, considering the relations between hierarchies of gender and military regimes' authoritarianism. The main goal is to investigate in what forms this specific repression occurred while demonstrating its distinctive elements. To this end, legal-historical research was conducted, based on both bibliography and documental sources. Through the research carried out, records of events and testimonies related to women's political performance during the period were analyzed. Initially, we discuss the institutionalization process of repression through institutional acts and its effects on women's political participation. Then, we approach the ways found by women to act in this scenario politically. Finally, in the last section, we work on the materialization of dictatorial violence against political activists and its specific features. It was possible to understand that the repression of women's political participation was expressed in meeting opponents' persecution with gendered violence and potentialized through this connection.

CHINA’S SOUTH CHINA SEA CLAIMS, THE HISTORIC RIGHTS DEBATE AND THE MIDDLE APPROACH OF ISLAMIC INTERNATIONAL LAW

The notion of historic rights forms the major basis to the claim by China to ‘islands’ in the South China Sea and the adjacent waters which are located within what is known as the nine-dash line. The South China Sea Arbitration case (Philippines v. China) has shown divergence between China’s interpretation of historic rights and the territorial acquisition regime under positive international law. This paper argues that Islamic international law has clearer principles on historic rights that do not upset the territorial sovereignty of coastal states. However, these principles must be appraised in the correct context of Islamic international law because it subscribes to a different approach to state sovereignty. Due to the importance of historic rights in this paper, the authors used both black letter and historical approaches to legal research. With historical legal research, the authors looked at the historical facts objectively in order to know how legal rules on sovereignty claims over maritime areas are formed throughout history particularly from the perspective of Islamic international law. This paper enables Islamic international law to offer a middle ground in which the proponents and opponents of China’s historical rights claims could meet.

The Insignificance of the Act in Criminal Law and the Social Danger of the Individual

The article is devoted to the issues of taking into account the social danger of the individual when differentiating minor acts and crimes. The subject of the work is the norms of law governing the institution of the insignificance of an act in criminal law, as well as law enforcement practice that develops in connection with the application of the norms on the insignificance of an act. In the course of the study, the author examines the evolution of Soviet and post-Soviet criminal legislation in terms of the norms governing the insignificance of the act, as well as the legal technique of their construction. Particular attention is paid to the study of heterogeneous law enforcement practice in the context of the issue of accounting for the identity of the perpetrator in the differentiation of minor acts and crimes. The research was conducted on the basis of universal dialectical, logical, formal-legal and historical-legal research methods.The scientific novelty of the research consists in the fact that the author presents a theoretical justification of the approach, according to which personality traits cannot influence the resolution of the issue of the insignificance of the act and suggests an original practical way to implement this approach in the form of legislative changes, which subsequently positively affect law enforcement practice and contributes to its uniformity. The main result of the study is a proposal to amend the current criminal legislation, in particular, it is recommended to amend Article 14 of the Criminal Code of the Russian Federation and add Part 3, which will meaningfully consolidate the above approach and thus bring judicial practice to uniformity.

Using Topic-Modeling in Legal History, with an Application to Pre-Industrial English Case Law on Finance

We argue that topic-modeling, an unsupervised machine-learning technique for analysis of large corpora, can be a powerful tool for legal-historical research. We provide a non-technical introduction to topic-modeling driven by the presentation of an example of how researchers can use the data that topic-modeling produces. The context of the example is pre-industrial English caselaw on finance. We generate new insights on the timing of pertinent legal developments, the linkages of law on finance to other areas of law, and the relative importance of common-law and equity in the emergence of law and legal ideas relevant to finance. We argue that topic-modeling has the potential to bridge traditional legal history and economics, increasing the influence of the former on the latter, which is overdue. The output of topic-modeling includes the data required to generate a quantitative macroscopic overview of the flow of legal history. These data can be used in many ways in subsequent legal-historical research. Epistemologically, topic-modeling offers an escape from the temptations of Whig history and opens up new avenues for inductive analysis characteristic of traditional historical research.

Memorial War in the Modern World: History and Theory

2022 marks the anniversary of the Battle of the Caucasus, one of the fateful battles of the Great Patriotic War. The multinational Russian people are sensitive to the historical memory of their heroic ancestors, the great feat of the Soviet people who saved Europe and the whole world from fascist enslavement. This fully applies to the residents of the Republic of North Ossetia-Alania. However, today in the world the “cold” war and the détente of international tensions have been replaced by the “memorial” war. Historical reality and people’s memory are distorted, monuments to the dead are overthrown. Scientists engaged in the analysis of historical and legal problems need to do everything possible to defend historical truth and expose lies and distort the results of World War II. The authors, based on the analysis of normative and historical sources, focus on the problems of the so-called “memorial war”, the factors that determine the current state of our society, which needs to build up and modernize the system of patriotic educational work based on historical search. The article applies an interdisciplinary approach that allows using the methods of historical and historical-legal research, which is consistent with the order of the Ministry of Education and Science of the Russian Federation dated November 10, 2017 №. 1093 on the approval of a new nomenclature of scientific specialties. This makes the issues raised in the article very relevant. The materials of the article can be used in the methodology of teaching historical disciplines, conducting educational work in educational institutions.

Законодательное регулирование статуса северо-западной территории Северной Америки в составе Российской империи

The studies of colonization belong to the topical issues of modern historical and legal science, since they allow to reveal the features of the state-legal formation of the Russian Empire. Empire-building in Russia had distinguishing characteristics predetermined by the legal policy of the state toward conquering and discovering new lands. The colonization of the North America is a problem of scientific interest, and there are many approaches to assessing the legal status of this territory as part of imperial Russia. The research materials were legal acts contained in the Complete Collection of laws of the Russian Empire; scientific works of researchers studying Russian colonies in North America. The theoretical basis of the article is the work of jurists of the XIX - beginning of the XX century, the research of Soviet and modern jurists exploring the empire building in Russia. The methodological basis of the article was a set of general and special methods of inquiry, which predetermined a comprehensive and complete study of the object and matter of research. Formal legal, systematic, and historical legal research methods were used in the preparation of the article. The results of the study allow us to characterize the specifics of legal control of the northwest territory of North America as part of the Russian Empire. The author concludes that the experience of the state and legal development of North America as part of the Russian Empire contributes to the disclosure of the historically established features of the state structure and the activities of state authorities; explains the peculiarities of the foreign policy of the Russian Empire carried out during the seizure of the northwestern territory of North America.

MEDICAL SUPPORT OF THE JUDICIAL SYSTEM OF THE RUSSIAN FEDERATION

Background. The paper presents the results of an analysis of the organization and legal regulation of the medical support of the Russian judicial system. It is noted that at present, in the theoretical and applied medical/legal literature, there are no comprehensive and systematic ideas about the medical support of employees (personnel) of social institutions that traditionally relate to the functioning of the judiciary (judges of courts of various instances; other court employees; workers (employees) prosecutors, lawyers, employees of enforcement agencies). The authors are trying to resolve this contradiction based on the study of relevant scientific sources.
 Materials and research methods. To obtain and generalize scientific data on the organization, essence, structure, content and features of the medical support of the judicial system, the principles of systematic, comparative legal and historical legal research were used as methodological approaches. The main methods were analysis and synthesis, systematization and conceptualization, comparison and analogy, deduction and induction, abstraction and generalization.
 Results. A consistent study of medical and legal literature, as well as the requirements of legal acts, made it possible to formulate a definition of the concept of medical support for the judicial system, to establish its scope and content, as well as the subject composition and subject-functional structure. Until now, there have been no such developments in medical and interdisciplinary research.
 Conclusion. Author’s developments allow you to know the system and structure, as well as the procedure for organizing medical support for employees of social institutions that are considered judicial. This leads to the systematization of scientific ideas about such a significant social phenomenon.

How to Overcome Impotence of Environmental Law in the Age of Anthropocene: Foundations of Ecocentric Law

INTRODUCTION. This scientific article discusses the reaosns for inefficiency (“impotence”) of modern environmental law as a normative reaction to the “destruction of Nature”. The scope of the destruction of Nature has been broadening. The environmental protection law has thus not influenced the resurrection of “destroyed Nature”.MATERIALS AND METHODS. Consistent with explanatory and theory–building research, the methods used are those of historical legal research as well as general scientific methods, such as analysis, synthesis, analogy, description, and deduction. RESEARCH RESULTS. The essential reasons for the current excessiveness (intemperance) of man's interaction with Nature (the reasons for the “destruction of Nature”) and/or reasons for the inefficiency of the modern environmental law should be sought for in the dominant anthropocentric cultural paradigm of the western cultures oriented towards an un-limited material progress. If anthropocentrism (exploitativeness) as the basis of human utilitarian interaction with nature has led to the “destruction of nature,” there is no doubt that the ecological reason remaining within the anthropocentric construction of Nature can not lead to its “resurrection”. Only the setting-up of the ecocentric construction of Nature may lead to the “resurrection” of Nature. This orientation must be followed by the nomos of the western cultures. A new law of nature on the basis of the new, ecocentric ontology and ethics is therefore necessary.DISCUSSION AND CONCLUSIONS. In this article, the basics of a new ecocentric legal philospohy as the foundation of modern environmental law have been proposed. The scientific realisation of man's equality in the network of co-dependent natural entities in the last decades shows man his initial position – that is his (equal) postition in Nature. The determination of the rules of conduct which man must respect in interaction with Nature implies an expansion of the idea of law itself (justice and correctness) towards the interaction between man and Nature and not only the interaction within human community. Consequently, the economic interaction has to be maintained within the framework ensuring the vitality of other biotic communities. Also, incorporation of Nature in the very essence of law inevitably triggers a redefinition of legal values. The natural equilibrium, i.e., the equilibrium of life (including human life) becoming a legal value, we could speak of the expansion of the legal subject, i.e. the expansion of values which are the subject of legal protection. The initial position of the natural equilibrium addresses the issue of relationship of the new legal value towards the existing fundamental legal values of the western cultures. The enforcement of the maintenance of natural equilibrium may also demand a limitation of another legally protected value, for example, the right to the freedom of movement or some other human right. The new value, i.e., the maintenance of natural equilibrium, must be incorporated in the “contracts of statehood”, that is in the constitutions of the western countries as one of main legal values, next to “freedom”,“democracy” and “private property”. The entry of Nature in the western (legal) value system is a conditio sine qua non for an efficient change in the legal order and, most importantly, for a change in man's attitude towards Nature in everyday's life.

Corpus linguistics: the digital tool kit for analysing language and the law

Corpus linguistics methodologies offer innovative ways of reading legal historical sources. Studying the language of source texts using computational techniques that retrieve linguistic data makes detailed searches of words, phrases, and lexical/grammatical patterns and structures possible and provides multiple contextual data that is both quantitative and qualitative, empirical rather than intuitive. It helps us understand not just what is being said, but also how it is being said, how language is used to encode meanings, and what that can tell us about underlying contents and the socio-political, cultural, geopolitical, economic, and other contexts and discourses in which these texts were produced. This paper argues that the use of corpus linguistics is relevant across comparative legal history and can be applied in comparative legal historical research independent of the area of the law or the historical period. Detailed studies incorporating corpus linguistics will be discussed to show the potential of this methodological shift.

Conceptual way of cognition of judicial reforms in Russia (peer review on the monograph of V. M. Bolshakova “The Dynamics of Judicial Reforms in Russia in late XIX – early XX centuries (historical-legal research)". RANEPA, Derzhavinsky Publishing House, 2021. 660 p.)

This article provides a peer review of the conceptual monographic research of PhD in Law, Docent Valentina Mikhailovna Bolshakova “The Dynamics of Judicial Reforms in Russia in late XIX – early XX centuries (historical-legal research)”. The relevance and timeliness of the monograph are determined by the need to acquire the knowledge on the judicial sphere for the purpose of implementation of the effective and fair justice, as well as establishment of an optimal and modern judicial system. The solution to this problem is requires scientific substantiation. The Russian historical-legal science has accumulated a vast number of works that describe the functionality and social role of the judiciary. However, there are no research within the historical-legal literature dedicated to the dynamics of judicial transformations in the structural, organizational, and functional aspects of the judicial system. The monograph of V. M. Bolshakova successfully fills the gap in the field of studying judicial structures, representing fundamental research on the dynamics of the Russian judiciary, which is well-founded from a general theoretical, applied and historical perspectives. It not only reveals the details of the structure of the judicial system at various stages of its existence, but also the causes and consequences of judicial reforms and transformations. The authorial analysis of the judicial reforms also contains the concept of their dynamics. The examination of judicial institutions is of particular value.

De-Historicizing (Mainstream) Ottoman Historiography on Tanzimat and Tahdith: Jus Gentium and Pax Britannica Violate Osmanli Sovereignty in Arabia

The (secular-humanist) philosophical theology governing (positivist) disciplines such as International Law and International Relations precludes a priori any communicative examination of how the exclusion of Arab-Ottoman jurisprudence is necessary for the ontological coherence of jurisprudent concepts such as society and sovereignty, together with teleological narratives constellating the “Age of Reason” such as modernity and civilization. The exercise of sovereignty by the British Crown—in 19th and 20th century Arabia—consisted of (positivist) legal doctrines comprising “scientific processes” denying Ottoman legal sovereignty, thereby proceeding to “order” societies situated in Dar al-Islam and “detach” Ottoman-Arab subjects from their Ummah. This “rational exercise” of power by the British Crown—mythologizing an unbridgeable epistemological gap between a Latin-European subject as civic and an objectified Ottoman-Arab as despotic—legalized (regulatory) measures referencing ethno/sect-centric paradigms which not only “deported” Ottoman-Arab ijtihad (Eng. legal reasoning and exegetic hermeneutics) from the realm of “international law”, but also rationalized geographic demarcations and demographic alterations across Ottoman-Arab vilayets. Both inter-related disciplines, therefore, affirm an “exclusionary self-image” when dealing with “foreign epistemologies” by transforming “cultural difference” into “legal difference”, thus suing that it is in the protection of jus gentium that “recognized sovereigns” exercise redeeming measures on “Turks”, “Moors”, or “Arabs”. It is precisely the knowledge lost ensuing from such irreflexive “positivist image” that this legal-historical research seeks to deconstruct by moving beyond a myopic analysis claiming Ottoman-Arab ‘Umran (Eng. civilization) as homme malade (i.e., sick man); or that the Caliphate attempted but failed to become reasonable during the 18th and 19th century because it adhered to Arab-Islamic philosophical theology. Therefore, this research commits to deconstructing “mainstream” Ottoman historiography claiming that tanzimat (Eng. reorganization) and tahdith (Eng. modernization) were simply “degenerative periods” affirming the temporal “backwardness” of Ottoman civilization and/or the innate incapacity of its epistemology in furnishing a (modern) civil society.

The Legal Principles of Bethlehem & Operation Timber Sycamore: The “Islamist Winter” Pre-Emptively Targets “Arab Life” by Hiring “Arab Barbarians”

The following legal-historical research is critical of “Islamist” narratives and their desacralized reverberations claiming that Arab-Muslim receptivity to terror is axiomatic to “cultural experiences” figuring subjects conforming to Arab-Islamic philosophical theology. The critique is founded on deconstructing—while adopting a Third World Approach to International Law (TWAIL)—the (im)moral consequences resulting from such rhetoric interpreting the Arab uprising of 2011 from the early days as certainly metamorphosing into an “Islamist Winter”. This secular-humanist hypostasis reminded critics that International Law and International Relations continues to assert that Latin-European philosophical theology furnishes the exclusive temporal coordinates required to attain “modernity” as telos of history and “civil society” as ethos of governance. In addition, the research highlights that such culturalist assertation—separating between law and morality—tolerates secular logic decriminalizing acts patently violating International Law since essentializing Arab-Muslims as temporally positioned “outside law” provides liberal-secular modernity ontological security. Put differently, “culture talk” affirms that since a secular-humanist imaginary of historical evolution stipulates that it is “inevitable” and “natural” that any “non-secular” Arab protests will unavoidably lead to lawlessness, it therefore becomes imperative to suspiciously approach the “Islamist” narrative of 2011 thus deconstructing the formulation of juridical doctrines (i.e., Bethlehem Legal Principles) decriminalizing acts arising from a principle of pre-emption “moralizing” demographic and geographic alterations (i.e., Operation Timber Sycamore) across Arabia. The research concludes that jus gentium continues to be characterized by a temporal inclusive exclusion with its redemptive ramifications—authorized by sovereign power—catalyzing “epistemic violence” resulting in en-masse exodus and slayed bodies across Arabia.

6. PROXIMATE CAUSATION IN LEGAL HISTORIOGRAPHY

ABSTRACTThe variety of legal history published in general‐interest law journals tends to differ from the variety published in history journals. This study compares the two varieties by examining footnote references in five general‐interest law journals and footnote references in two journals of legal history. In the law journals, cases and statutes accounted for the single largest group of footnotes (approximately 35%), followed by references to other law journal articles (nearly 25%). In the legal history journals, these two categories accounted for less than 20% of all references; primary and secondary historical materials predominated in the footnotes. To be sure, legal decisions and law journal articles can also be historical sources: rather than being used as evidence of what the law is, they might be studied for what they reveal about legal reasoning or rhetoric in an earlier age. However, in most legal historical research that attends primarily to cases and statutes, these materials figure as evidence of the state of the law at that time. When the analysis relies on legal sources to trace the development of a certain doctrine and treats them as sufficient to account for that development, the result is the distinctive style of research that I seek to contrast against approaches that cast the net of historical inquiry more widely. To account for these different approaches, I suggest that law professors rely on a notion of proximate causation as a historiographic method. According to this approach, legal developments are proximately caused by other developments in the legal sphere, and other social and cultural developments play more attenuated roles, such that their influence is less significant. By proposing this explanation, I hope to draw more attention to assumptions about causation in legal historiography and to question their persuasive force.

Russian Legal Mentality: Experience of Reconstruction and Representation of the Phenomenon of "Snitch" meaning "Abuse of Procedural Rights" (Based on the Materials of Russian Legislation of the 17th-19th Centuries)

Historical science shows a growing interest in the study of images of the past, images of historical reality; the reconstruction of mentalities is becoming a priority in the field of historical knowledge. The paper aims at finding (developing) methodological tools for a retrospective study of the legal mentality, as well as its subsequent representation.Historians and legal theorists are paying more and more attention to the process of forming concepts and relevant terminology. At the same time, the "supraconceptual field", namely the field of images, contains a significant potential for both reconstruction and representation of mentalities and historical phenomena (events). The concept itself is only one of the triggers forming images associated with it and partly generated by it. Legal concepts are the object of linguoculturology of law as one of its branches. At the same time, the author believes that the historical legal science should more actively use the appropriate scientific tools on an interdisciplinary basis. In terms of the reconstruction of legal phenomena, their image will help to study the phenomena that are immersed in the mentality of the corresponding era in a more systematic and comprehensive manner. In terms of the representation of legal phenomena, a well-chosen image recognizable by the recipient of the results of legal historical research can serve as a relay of "contextually packed" information (with elements of both rational and evaluative or emotional information) about a legal historical phenomenon.The paper attempts to reconstruct and represent the phenomenon of a "snitch" in the sense of "abuse of procedural rights" by means of a chronotropic, figurative model. The reconstructive and representational model is based on the image symbol of the trial as "roads-paths-tracksways" and snitches are considered as a "path".

A “New Middle East” Following 9/11 and the “Arab Spring” of 2011?—(Neo)-Orientalist Imaginaries Rejuvenate the (Temporal) Inclusive Exclusion Character of Jus Gentium

The resurgence of a deterministic mode of representation mythologizing Arabs as figuring (threatening) Saracen by judging their epistemological commitments as hostile to Enlightened reason-based ideals is demonstratively identifiable after 9/11, and more so following the Arab uprisings in 2011, when we notice that the Arab in general, and Muslim in particular, was historicized as the “new barbarian” from which (liberal-secular) Westphalian society must be defended. Such neo-Orientalist representations disseminate powerful discursive (symbolic) articulations (i.e., culture talk) —in tandem with the (re)formulation of legal concepts and doctrines situated in jus gentium (i.e., sovereignty, immanence, and pre-emptive defense strategy)—legally adjudicating a redemptive war ostensibly to “moralize” a profane Arabia. Proponents of neo-Orientalism define their philosophical theology as not simply incompatible with Arab epistemology (Ar. العربية المعرفة نظرية), but that Arab-Muslims are an irreconcilable threat to Latin-European philosophical theology, thus, accentuating that neo-Orientalism is constituted by an ontological insecurity constituting Arab-Islamic philosophical theology as placing secular modern logic under “siege” and threatening “civil society”. This legal-historical research, therefore, argues that neo-Orientalism not only necessitates figuring the Arab as Islamist for the ontological security of a “modern” liberal-secular mode of Being, but that such essentialist imaginary is a culturalist myth that is transformed into a legal difference which proceeds to argue the necessity of sanctioning a violent episode transforming a supposed lawless “Middle East” receptive to terror, into a lawful “New Middle East” receptive to reason. This sacrilegos process reveals the “inclusive exclusion” temporal ethos of (a positivist) jus gentium which entails maintaining a supposed unbridgeable cultural gap between a (universalized) sovereign Latin-European subject, and a (particularized) Arab object denied sovereignty for the coherence of Latin-European epistemology.