This thesis aims to shed light on legal practice of the nineteenth century in France and The Netherlands and contrast it with legal theory and current historiography. In both older and newer French...Show moreThis thesis aims to shed light on legal practice of the nineteenth century in France and The Netherlands and contrast it with legal theory and current historiography. In both older and newer French and Dutch historiography, the nineteenth century is described as the century of legalism, also referred to as exegetical thinking. This exegetical school of law considers the codified law to be the highest and practically the only source of law on which the judge and legal scholar must rely. This historiography is mainly based on the development of legal theory as practised at universities. Implicitly or sometimes even explicitly, legal practice is equated with this legal theory. This fallacy obscures the practice of law, which did not take place in the university or the chambers of scholars, but in the courtroom. To address this lacuna, the following question was answered: To what extent was legalism in the Netherlands and the exegetical school in France really the dominant approach in legal practice and how can possible differences between both countries be explained? In order to know the practice of law and to assess whether judges, like legal theorists, were under the spell of exegetical thinking, judgments of courts were analysed. These can be found in case law journals that emerged in the nineteenth century. This study looked specifically at the judges' references to case law; the work of colleagues. The reference to case law is contrary to the doctrine of the exegetical school which accepts codification as the sole source of law. Referral to sources of law outside the codification by the courts, either implicit or explicit, imply a freer attitude towards the codification than legal scholars of the nineteenth century and current historiography would have us believe. Analysis of approximately two thousand Dutch and French judgments throughout the nineteenth century showed a difference in the quantity and nature of the references between both countries. In France, judges themselves referred explicitly to specific case law or to case law in general, whereas in the Netherlands judges did not refer to case law themselves, but relied on the arguments of the litigants and the Advocate-General, who did explicitly invoke case law. My research gives cause to adjust the image of nineteenth century legal history. The nineteenth-century judge was a child of his time, but not a puppet of legal theory. Lex semper dabit remedium: The law always provides a remedy; this was the starting point, but case law often supplemented it. The demonstrated difference between legal theory and legal practice fits within a broader development in current historiography, emphasising continuity of politics, culture, and in this case legal practices, in the wake of the French Revolution.Show less
Over the past few centuries, multiple historiographical traditions have clashed over the study of Kerala history. Epistemological groups proposed here include archetypal historians who created...Show moreOver the past few centuries, multiple historiographical traditions have clashed over the study of Kerala history. Epistemological groups proposed here include archetypal historians who created original written histories with mythological elements, positivist historians who reject the mythological nature of the local histories, and post-structuralist historians who try to reconcile the useful historical data to be found in positivist and archetypal works. What has been lacking in this field has been a comparative study to explore the similarities and differences between these epistemologies, which this modest project seeks to present in the context of the historiographical 'journey' of Kerala's Cheraman Perumal legend. Concluding that there is a need for further post-structuralist study of the Cheraman Perumal, this project seeks to act as a call to action as an outsider to the field, to show why historians specializing in Kerala's history should be exploring the varied historiographical epistemologies to fill in the gaps in Kerala's history through previously ignored sources, specifically those of the Cheraman Perumal story.Show less
This thesis focuses on the role of the Indonesian propagandist Sutomo (or Bung Tomo) during the Indonesian revolution in Surabaya, 1945, questioning the Dutch and Indonesian different perspectives...Show moreThis thesis focuses on the role of the Indonesian propagandist Sutomo (or Bung Tomo) during the Indonesian revolution in Surabaya, 1945, questioning the Dutch and Indonesian different perspectives and memory. Nowadays in Indonesia Sutomo is remembered as a hero, yet in the Dutch historiography he is often portrayed as a war criminal, responsible for inciting the masses to kill Dutch, Eurasians and other minorities. One Dutch testimony in particular holds him accountable for the brutal massacre in the Simpang Club. This case-study analyses the different views on Indonesian anti-colonial violence during the so-called "Bersiap-period" and how Bung Tomo became the personification of these brutalities for the Dutch memory in particular. How does the latter relate to the Indonesian positive memory of him? As such, the topic of this thesis also relates to the growing academic attention to the Bersiap, in which terminology (should we call it a genocide) and the possible trigger (why did it happen) are the main topics of discussion. The first section provides a brief historical outline from the pre-war colonial situation to the Japanese occupation and finally the capitulation on August 15th, 1945. To give a clear understanding of the variety of social and political factors that led to the violent outburst of the Bersiap. The second section traces the basic history of Sutomo and his place in Surabaya and the first two months of the revolution in September and October 1945. This includes an analysis of the horrible events inside the Simpang Club. The third section pays attention to the period after he established his organization BPRI, when he became internationally known as radio-maker, actively countering Dutch propaganda. This section aims to explore the possibility of a Dutch slander campaign against him and the subsequent impact of that on the later historiography and memory. The conclusion returns to the main question on how to make sense of the conflicting memories of Bung Tomo. The conclusion also touches upon the larger question regarding the responsibility for the Bersiap and whether the term genocide is appropriate in this case.Show less
Three remarkable minds shaped the computer world as we know it today. Douglas Engelbart invented the man-machine interaction system and Theodor Holm Nelson laid out the basic structure of hypertext...Show moreThree remarkable minds shaped the computer world as we know it today. Douglas Engelbart invented the man-machine interaction system and Theodor Holm Nelson laid out the basic structure of hypertext, which serves as the underpinning principle of the Internet. Both men were inspired by Vannevar Bush, the science advisor to president Roosevelt during World War II and an influential information theorist after that. The question is, were these authors already thinking about the future of humanism as an intellectual discipline? As it turns out, formative ideas for humanism in the computer were already present from the outset.Show less
This thesis investigates the authorship of the Dutch Beke continuation (written ca. 1420-1432). The chronicle is studied within the historical culture of the Low Countries and specifically the...Show moreThis thesis investigates the authorship of the Dutch Beke continuation (written ca. 1420-1432). The chronicle is studied within the historical culture of the Low Countries and specifically the episcopacy of Utrecht during the first half of the fifteenth century. Through the discourse the author displays, it is argued that he was working for the city council of Utrecht.Show less
