The place and function of custom as a species of law—distinguished from custom as simply polite manners or cherished cultural traditions—has long been a source of research and debate among legal theorists and historians. One school of thought, reflecting the authority of written statute in modern jurisprudence, has relegated custom in a juridical sense to “primitive” societies, whereas proper law belongs to a world of state sovereignty. Other scholars have revisited the continuing validity of custom, including a trenchant body of work on the use (and manipulation) of custom in modern colonial regimes. At the same time, some have seen benefits in the acknowledgment of custom as a source of norms. A 2006 collection of articles, for instance, explored ways in which customary law might serve as a better foundation for the sustainable development of natural resources. As David Bederman has written, “Custom can be a signal strength for any legal system—preliterate or literate, primitive or modern.”
The Meanings and Uses of a Legal Concept in Premodern Europe
Using Popular Culture to Trace and Assess Political Change
The German federal election in September 2021 marked a significant transformation for German politics. As Chancellor Angela Merkel decided not to run again, the election spelled the end of her 16-year tenure; it also signaled a major shift in the German party system. The right-populist Alternative for Germany (AfD) entered the Bundestag again after their first entry in 2017, implying—for the first time since 1949—the establishment and sustained parliamentary presence of a party on the national level to the (far-)right of the Christian Democrats. The challenges facing the new parliament and government after the election are paramount. The climate crisis looms as large as ever. With the exception of the AfD, all German parties (and a distinct majority of voters) see this as the most pressing issue to tackle. However, the scope of action will be limited as the extensive state debt accumulated through covid-19 relief measures exerts pressure on the specific German model of social market economy. Finally, the international environment has seen drastic changes in the last years: While the election of u.s. President Joe Biden as successor to Donald Trump implies a return to normal for transatlantic relations, the uk exit from the eu shifts the balance between the remaining member states. After the Euro, refugee, and pandemic crises, European solidarity is strained, complicating Germany’s role as the eu’s “reluctant hegemon” or “gentle giant.” This reluctance or restraint connotes far more than a strategic policy choice: it is deeply rooted in the German history of the twentieth century that witnessed the cruelty and atrocities of the Nazi regime.
German Memory Politics, Cultural Criticism, and Contemporary Popular Arts
The present study understands comedy in relation to the Holocaust as an attempt by Germany’s third and fourth generations to create alternative forms of commemoration. Analyzing the country’s history of coming to terms with the Shoah, it highlights that recent forms of subversive satire are reacting to a crystallization in official memory politics through counter-discourse to political correctness and the defenders of moralism. The article finds that it is possible to combine comedy and Holocaust memory if Jewish victimhood is not spoofed and the limitations of official memory politics are debunked. Finally, it contends that not every historical assessment based on a local/national context can serve as a global blueprint. The recognition of national historical guilt and the establishment of distinct collective memories are still crucial for understanding specific pasts. Accordingly, German popular culture referring to the Nazi past differs from u.s. comedy dealing with the Holocaust.
When Was Brexit? Reading Backward to the Present
This introductory article lays out the stakes of thinking through the temporalities of Brexit history across multiple fields of vision. It makes the case for books as one archive of Brexit subjects and feelings, and it glosses all the articles in the special issue.
A White Republic? Whites and Whiteness in France
Mathilde Cohen and Sarah Mazouz
France is an overwhelmingly majority-White nation. Yet the French majority is reluctant to identify as White, and French social science has tended to eschew Whiteness as an object of inquiry. Inspired by critical race theory and critical Whiteness studies, this interdisciplinary special issue offers a new look at White identities in France. It does so not to recenter Whiteness by giving it prominence, but to expose and critique White dominance. This introduction examines the global and local dimensions of Whiteness, before identifying three salient dimensions of its French version: the ideology of the race-blind universalist republic; the past and present practice of French colonialism, slavery, and rule across overseas territories; and the racialization of people of Muslim or North African backgrounds as non-White.
Innocence and the Politics of Memory
Jonathan Bach and Benjamin Nienass
Innocence is central to German memory politics; indeed, one can say that the German memory landscape is saturated with claims of innocence. The Great War is commonly portrayed as a loss of innocence, while the Nazis sought, in their way, to reclaim that innocence by proclaiming Germany as the innocent victim. After World War II, denazification and courts established administrative and legal boundaries within which claims of innocence could be formulated and adjudicated, while the “zero hour” and “economic miracle” established a basis for a different form of reclaiming innocence, one roundly critiqued by Theodor W. Adorno in his essay “What Does Coming to Terms with the Past Mean?” In the 1980s, Chancellor Helmut Kohl's famous pronouncement of the “grace [Gnade] of a late birth” (also translatable as “mercy,” “pardon,” or “blessing”) became the touchstone for a resurgence of war children's (Kriegskinder) memory. In the 1990s, the myth of the Wehrmacht as largely innocent of atrocities was publicly challenged. Today, right-wing critiques that cast Holocaust remembrance as a politics of shame draw upon tropes of innocence, of German air war victims and post-war generations, while right-wing images of migrants are cast in classic forms of threats to the purity of the “national body” (Volkskörper). The quickening pace of contemporary debates over Germany's colonial past pointedly questions the innocence of today's beneficiaries of colonialism, drawing attention to the borders and contours of implication.
Cultural Heritages and Their Transmission
Elizabeth C. Macknight
This Spring 2021 issue of Historical Reflections/Réflexions Historiques is about cultural heritages and their transmission, focusing on the period from the middle of the eighteenth century to the present. An important stimulus for the creation of the issue was the European Year of Cultural Heritage (EYCH) in 2018. There were four main themes for the EYCH: protection, engagement, sustainability, and innovation. National coordinators and local organizers of events and initiatives across the continent adopted the unifying slogan “Our Heritage. Where the past meets the future.” The articles brought together here serve as an invitation to readers to continue reflecting on subjects and questions that were at the heart of planning for and supporting public participation in EYCH 2018. The European Year of Cultural Heritage provided myriad opportunities to discover the roles played by individuals and groups in the preservation and valorization of natural sites and landscapes, public monuments, cultural institutions, artifacts, digital resources, and intangible cultural heritage. It highlighted educational initiatives to raise awareness of multiple, diverse cultural heritages within communities and to promote intercultural dialogue. It pushed governments and nongovernmental organizations to address matters of financial investment, legal accountability, partnership management, and the shaping of policies on conservation and ownership rights. It challenged professional historians as well as archivists, librarians, archeologists, conservators, and curators to think hard about widening access and about ways of integrating local, national, and international perspectives when communicating with audiences about surviving traces of the past.
Methods for Historians Attending to the Voices of the Past
How do we thoroughly historicize the voice, or integrate it into our historical research, and how do we account for the mundane daily practices of voice … the constant talking, humming, murmuring, whispering, and mumbling that went on offstage, in living rooms, debating clubs, business meetings, and on the streets? Work across the humanities has provided us with approaches to deal with aspects of voices, vocality, and their sounds. This article considers how we can mobilize and adapt such interdisciplinary methods for the study of history. It charts out a practical approach to attend to the history of voices—including unmusical ones—before recording, drawing on insights from the fields of sound studies, musicology, and performativity. It suggests ways to “listen anew” to familiar sources as well as less conventional source material. And it insists on a combination of analytical approaches focusing on vocabulary, bodily practice, and the questionable particularity of sound.
This introduction to the special issue highlights dominant approaches to the study of women's and gender history in colonial and postcolonial Maghrib. Moreover, it delineates the analytical agenda that frames our inquiry, and reviews the essays in this collection.
France’s Great War from the Edge
Susan B. Whitney
World War I has been studied extensively by historians of France and for good reason. Waging the first industrial war required mobilizing all of France's resources, whether military, political, economic, cultural, or imperial. Politicians from the left and the right joined forces to govern the country, priests and seminarians were drafted into the army, factories were retooled to produce armaments and other war material, and women and children were enlisted to do their part. So too were colonial subjects. More than 500,000 men from France's empire fought in Europe for the French Army, while another 200,000 colonial subjects labored in France's wartime workplaces. The human losses were staggering and the political, economic, and cultural reverberations long-lasting, both in the metropole and in the colonies. More than 1.3 million French soldiers and an estimated 71,000 colonial soldiers lost their lives, leaving behind approximately 1.1 million war orphans and 600,000 war widows.