明爱:邻里之爱与早期现代自我

IF 0.6 4区 社会学 Q2 LAW International Journal of Law in Context Pub Date : 2022-06-01 DOI:10.1017/S174455232200012X
C. Kennedy
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In keeping with this focus, Barclay examines how caritas was felt, embodied and enacted both inside and outside the home by ordinary eighteenth-century Scots. As an ethic of social relations, caritas might manifest in the reassuring touch of a parent (p. 37) or the act of sharing one’s bed with a guest (p. 153). As an embodied emotion, it might be experienced as ‘the tingling of the nerves and the tightening of the sinews’ (p. 13) or be read as a signifier of maturity, as with the capacity for romantic love that was presumed to accompany sexual desire (p. 78). These examples show that caritas, like grace more generally, involved the performance of ‘pleasurable exchange’ (Mac Carthy, 2020, p. 24) and that this might occur both when prescriptive norms were followed and when they were challenged. One quite moving example of the latter is the relationships that sprung up – partly through pragmatism, but also through affection – between itinerant and outcast individuals. ‘These were not shallow ties,’ Barclay tells us, ‘but they refused the co-dependency and subordination of the patriarchal household for autonomous selves’ (p. 170). As this quotation signals, the book is also committed to charting some of the ways that pursuing the divine/profane ethic of caritas often naturalised unequal distributions of power. One point about Caritas that is likely to be of immediate interest to legal scholars is that many of the book’s arguments are founded on legal records. When setting out her sources, Barclay explains that the papers attached to civil, criminal and church court proceedings are ‘strewn’ with ‘[t]he language of love – amity, friendship, charity, affection’ (p. 1). 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引用次数: 0

摘要

著名情感历史学家凯蒂·巴克利在其最新专著《明爱》中探讨了这本书的“情感伦理”。正如巴克利所描述的那样,博爱是一种恩典形式——上帝在基督徒中的工作——“旨在促进现代早期欧洲的一种特殊类型的社区关系”(第3页)。慈善机构在个人和集体层面运作,同时帮助灌输关于自我和关系的特定概念,并鼓励相应的规范性期望和行为。尽管明爱被描述为一种“世俗的爱”,使世俗看起来像一个“世俗的阴影”(Goodrich,1996,第31页),巴克利对明爱世俗的一面感兴趣。她关心暗中发生的事情。为了与这一焦点保持一致,巴克利研究了18世纪普通苏格兰人在家庭内外是如何感受、体现和实施博爱的。作为一种社会关系伦理,博爱可能表现在父母的安抚(第37页)或与客人同床共枕的行为(第153页)。作为一种具体化的情感,它可能被体验为“神经的刺痛和肌腱的绷紧”(第13页),或者被解读为成熟的象征,就像被认为伴随性欲而来的浪漫爱情的能力一样(第78页)。这些例子表明,慈善与更普遍的恩典一样,涉及“愉快交换”的表现(Mac Carthy,2020,第24页),当遵循规定性规范和挑战规范时,这种情况都可能发生。后者的一个非常感人的例子是流浪者和被排斥者之间的关系——部分是通过实用主义,但也通过情感。”巴克利告诉告诉,这些关系并不肤浅,“但他们拒绝了父权制家庭对自主自我的共同依赖和从属”(第170页)。正如这段引文所表明的那样,这本书还致力于描绘一些追求明爱神圣/世俗伦理的方式,这些方式往往将权力的不平等分配自然化。法律学者可能会立即对明爱感兴趣的一点是,这本书的许多论点都是建立在法律记录之上的。巴克利在陈述她的消息来源时解释说,民事、刑事和教会法庭诉讼所附的文件“充斥着”爱的语言——友好、友谊、慈善、关爱(第1页)。对于从事法律和人文学科交叉研究的学者,或者在任何批判法律传统中工作的学者来说,这并不完全令人惊讶。尽管法律声称具有自主性、公正性和客观性,但它借鉴、支持并有时与同源的规范和道德制度发生冲突。此外,法律案件植根于人类故事,代表了有需要、有感觉的生物试图被倾听和认可(关于艺术方法如何帮助使法律的这些层面变得可见的一些思考,见Cowan等人(2020))。就社会历史学家和某些阶层的法律研究人员而言,他们都关注法律的这些层面,因此他们可能有重叠的目标。然而,与其他规范和道德制度相比,法律有着独特的目标和特点,并理解法律与其他制度的“作用”
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Caritas: Neighbourly Love & the Early Modern Self
In her latest monograph, Caritas, leading historian of emotions Katie Barclay explores the ‘emotional ethic’ after which the book takes its name. As Barclay describes it, caritas was a form of grace – God’s working in the Christian – ‘designed to promote a particular type of community relation in early modern Europe’ (p. 3). Operating at the level of the individual and the collective, caritas simultaneously helped inculcate specific conceptions of self-hood and relationality, and encourage a corresponding set of normative expectations and behaviours. Though caritas has been described as an ‘other-worldly love’ that made the mundane appear as a ‘temporal shadow’ (Goodrich, 1996, p. 31), Barclay is interested in caritas’ earthly side. She is concerned with what goes on in the shadows. In keeping with this focus, Barclay examines how caritas was felt, embodied and enacted both inside and outside the home by ordinary eighteenth-century Scots. As an ethic of social relations, caritas might manifest in the reassuring touch of a parent (p. 37) or the act of sharing one’s bed with a guest (p. 153). As an embodied emotion, it might be experienced as ‘the tingling of the nerves and the tightening of the sinews’ (p. 13) or be read as a signifier of maturity, as with the capacity for romantic love that was presumed to accompany sexual desire (p. 78). These examples show that caritas, like grace more generally, involved the performance of ‘pleasurable exchange’ (Mac Carthy, 2020, p. 24) and that this might occur both when prescriptive norms were followed and when they were challenged. One quite moving example of the latter is the relationships that sprung up – partly through pragmatism, but also through affection – between itinerant and outcast individuals. ‘These were not shallow ties,’ Barclay tells us, ‘but they refused the co-dependency and subordination of the patriarchal household for autonomous selves’ (p. 170). As this quotation signals, the book is also committed to charting some of the ways that pursuing the divine/profane ethic of caritas often naturalised unequal distributions of power. One point about Caritas that is likely to be of immediate interest to legal scholars is that many of the book’s arguments are founded on legal records. When setting out her sources, Barclay explains that the papers attached to civil, criminal and church court proceedings are ‘strewn’ with ‘[t]he language of love – amity, friendship, charity, affection’ (p. 1). For scholars working at the intersections of law and the humanities, or within any of the critical legal traditions, this will not be altogether surprising. Despite claims to autonomy, impartiality and objectivity, law borrows from, props up and sometimes clashes with cognate normative and ethical regimes. Furthermore, legal cases are rooted in human stories and represent attempts by needy, feeling creatures to be heard and acknowledged (for some reflections on how artistic methods might help make these dimensions of law visible, see Cowan et al. (2020)). Insofar as social historians and legal researchers of certain stripes both home in on these dimensions of law, they might therefore have overlapping goals. Yet law has distinctive aims and characteristics vis-à-vis other normative and ethical regimes, and understanding what law ‘does’ with other
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来源期刊
CiteScore
1.60
自引率
12.50%
发文量
47
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