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
The Fusing of New Approaches
In part one, I followed the debates and the scholars involved in the big bang of international Begriffsgeschichte. Part 2 takes us from the first encounters between the German and the Anglophone tradition within intellectual history to the more formalized efforts of establishing conceptual history on the international, academic scene. With more scholars joining the debate, the understanding of concepts in language and in context were both broadened and deepened. Case studies from a wider range of European languages added a stronger comparative and transnational perspectives to conceptual history, which would prepare the ground for a conceptual history beyond Europe.
Reconstructing Temporalities in Dutch Parliamentary Debate, 1814–2018
Joris van Eijnatten and Pim Huijnen
This article stands in Reinhart Koselleck's tradition of investigating the historical experience of time. It focuses on the manner in which the experience and conceptualization of the future changed in Dutch parliamentary speech between 1814 and 2018. Based on a quantitative analysis of a corpus of political texts of more than 800 million tokens spanning more than two centuries, we argue that the future transformed from something unknown but principally predictable into a synonym for change itself during the final quarter of the twentieth century. We contend that this resulted in unpredictability becoming the future's defining trait and the future, consequently, losing its character as a knowledgeable singular in a process of what can be called “de-singularization.”
In March 2020, Melvin Richter, one of the founders of international, conceptual history passed away. This sad occasion makes it timely in our journal to reflect on the process that turned national projects within conceptual and intellectual history into an international and transnational enterprise. The text that follows—published in two parts, here and in the next issue—takes a closer look at the intellectual processes that led up to the founding meeting of the association behind our journal, the History of Concepts Group. It follows in the footsteps of Melvin Richter to examine the different encounters, debates and protagonists in the story of international, conceptual history. The text traces the different approaches that were brought to the fore and particularly looks at Melvin Richter's efforts to bridge between an Anglophone tradition of intellectual history and a German tradition of Begriffsgeschichte.
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.
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.
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.
This article explores the ways the emerging concept of humanism was circulated and defined in early nineteenth-century German-language press. By analyzing a digitized corpus of German-language newspapers and periodicals published between 1808 and 1850, this article looks into the ways the concept of humanism was employed in book reviews, news, political reports, and feuilleton texts. Newspapers and periodicals had a significant role in transmitting the concept of humanism from educational debates into general political language in the 1840s. Furthermore, in an era of growing social problems and political unrest, humanism became increasingly associated with moral sentiments. Accordingly, this article suggests that its new political meanings and emotional underpinnings made humanism culturally contagious, particularly immediately before and during the 1848/49 revolutions.