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661.More information
In 1569, Gerard de Jode published in Antwerp Maarten van Heemskerck’s Old Testament print series about Dinah, daughter of Jacob. In these images, Heemskerck reinterprets the Old Testament narrative from a deeply misogynistic standpoint, disputing the Biblical claim that Shechem raped Dinah. This article traces the sporadic representations of the episode in prints and paintings and examines visual strategies that emphasize male vulnerability over the suffering of the female victim. Heemskerck’s artistic choices are then evaluated in the context of certain exegetical differences between Martin Luther and John Calvin.
Keywords: Heemskerck, Heemskerck, Bernard Salomon, Bernard Salomon, Bugiardini, Bugiardini, Dinah, Dinah, Viol, rape, Calvin, Calvin, Luther, Luther, Dutch Revolt, Révolte hollandaise
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662.More information
Article 3136 C.c.Q. is a departure from the general rules of jurisdiction applicable to a Quebec authority. Based on the principle of necessity and in the absence of an appropriate forum, it authorizes an authority to exercise jurisdiction in relation to a matter not subject to its direct jurisdiction when it is impossible or unreasonable for the parties to access a foreign authority and when the litigation has a sufficient connection with Quebec. Article 3136 thus confers a discretionary jurisdiction on a Quebec authority. This discretion is limited by the definitional elements expressed in article 3136 and has been further narrowed by an inappropriate interpretation by the Court of Appeal in Lamborghini. The critical factor is that necessity jurisdiction implies that the litigation is subject to an effective remedy in the Quebec forum. Availability of an effective remedy renders reasonable the exercise of necessity jurisdiction and the requirement that foreign litigation be instituted, unreasonable. However, the factor of remedy is ignored, or without expression, in both doctrine and jurisprudence. Supported by a comparative approach between the civil law and the common law, the first part presents a general analysis of this exceptional rule with particular attention to the Swiss law which inspired the drafters of article 3136. In the second part, article 3136 is considered in context with the general provisions of the Code and the legislative history of the provision is clarified. The third part analyzes the definitional elements of the article and the last part examines its application as reflected in the relevant jurisprudence.
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663.More information
This article is in part a book review and in part a study of two institutions. In it, the author compares the origin and growth of the Supreme Court of Canada and of the Supreme Court of the United States. He uses Professors James G. Snell and Frederick Vaughan's The Supreme Court of Canada: History of the Institution as a starting point, and he compares various aspects of the two Supreme Courts. He points out similarities in the problems that the two have confronted since the beginning, and he indicates the manner in which these problems have been resolved by each.
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667.More information
Awful Disclosures of Maria Monk (1836) is perhaps Canada's most scandalous literary export. However, only a few editions of the scurrilous anti-Catholic fabrication have been published in its purported author's country of origin. A mysterious undated edition, “published for the trade” in Toronto, is probably the most widely circulated Canadian printing. Based on a close investigation of the Toronto edition's physical characteristics—the stereotype plates used to print it, the illustrations, and the mismatched printer's ornaments appearing on certain pages—as well as the ownership history of one copy and the context of the book's legal status in Canada, this article argues that the Toronto edition is evidence of an anonymous publisher's strategies to evade customs censorship. It suggests that these strategies influenced how Canadian readers might have engaged with Awful Disclosures, highlighting the tension between obscenity and anti-Catholicism that underlay the book’s reception among readers, printers, and censors.
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668.More information
An examination of Erasmus' changing views of Epicureanism must primarily rely on statements by himself that refer to Epicurus or indicate awareness of, and perhaps affinity with, some aspects of his philosophy. A brief first part will survey the intermediate sources for Epicurus' system, classical and patristic, appreciative or critical, with which Erasmus was familiar. Thereafter the procedure will be chronological, examining first the early traces of Erasmus' acquaintance with Epicurus, leading to an attempt to reconcile his moral philosophy with the Gospel teachings. Next Erasmus' years in Italy are considered. Italy had recently experienced a marked revival of interest in Epicurean thought, leading to a positive revaluation. Here Erasmus' familiarity with the work of Lorenzo Valla obtains a crucial importance. Valla turned Erasmus, to put it boldly, into a sort of convert to Epicureanism, as will be shown by a fresh look at his Moriae encomium. After the Moria Erasmus' statements relevant to Epicureanism tend to be more casual and inconsistent. In the end, however, we notice a reawakening of concern and almost a return to his initial endorsement of a Christian Epicureanism. The history of Epicureanism is an ongoing, often radical, quest for enduring felicity, although not always proceeding from the same intellectual premises. Finally, a brief attempt is made to assign Erasmus his modest place in that history.
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670.More information
Most pingos have grown in residual ponds left behind by rapid lake drainage through erosion of ice-wedge polygon systems. The field studies (1969-78) have involved precise levelling of numerous bench marks, extensive drilling, detailed temperature measurements, installation of water pressure transducers below permafrost and water (ice) quality, soil, and many other analyses. Precise surveys have been carried out on 17 pingos for periods ranging from 3 to 9 years. The field results show that permafrost aggradation in saturated lake bottom sediments creates the high pore water pressures necessary for pingo growth. The subpermafrost water pressures frequently approach that of the total litho-static pressure of permafrost surrounding a pingo. The water pressure is often great enough to lift a pingo and intrude a sub-pingo water lens beneath it. The basal diameter of a pingo is established in early youth after which time the pingo tends to grow higher, rather than both higher and wider. The shutoff direction of freezing is from periphery to center. When growing pingos have both through going taliks and also permeable sediments at depth, water may be expelled downwards by pore water expulsion from freezing and consolidation from self loading on saturated sediments. Pingos can rupture from bursting of the sub-pingo water lens. Otherwise, pingo failure is at the top and periphery. Hydraulic fracturing is probably important in some pingo failures. Water loss from sub-pingo water lenses causes subsidence with the subsidence pattern being the mirror image of the growth pattern; i.e. greatest subsidence at the top. Small peripheral bulges may result from subsidence. Old pingos collapse from exposure of the ice core to melting by overburden rupture, by mass wasting, and by permafrost creep of the sides.