16. On an Ornament of Unknown Use and a Quartzite Knife from Moreton Bay, Queensland.

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Criteria for a Theory About Law

In many areas of inquiry about social process today scholars are engaged in creating comprehensive and well-articulated frames of reference— general orientations or conceptual maps —designed to guide and assist in the conduct of studies. Different scholars in different areas seek of course to serve many different intellectual functions or purposes through this creation of new and more effective theory, but in a burgeoning literature, certain broad purposes appear with high frequency: the identification of the scholar or observer in relation to the events being observed, with specification of his standpoint and purposes; the delineation of relevant foci for inquiry, with location of the particular events being subjected to inquiry in the larger context of events with which they interact; the specification of a range of intellectual tasks pertinent to inquiry about any aspect of social process, including: clarification of goals, description of trends, analysis of conditions, projection of future developments, and invention and evaluation of alternatives; the development of dependable and economic procedures for performing the intellectual tasks regarded as relevant; and the postulation and explicit disclosure of the comprehensive goal values assumed in, or sought to be served by, inquiry

In Dedication to Dean Dillard: Man of Depth and Style

It is eminently fitting that an issue of the Virginia Law Review designed to make a serious contribution to legal education should be dedicated to Dean Hardy Dillard. For some forty years Dean Dillard has been a distinguished leader in the pioneering efforts in this country to create a more realistic and viable jurisprudence and to put that jurisprudence into effective application in improved legal education. It would be as impossible as unnecessary even to attempt here to describe the many different roles in which Dean Dillard has asserted leadership. Throughout his career he has been a powerful teacher, both in the classroom and in other associations, greatly affecting the more fundamental perspectives of all his audiences. His scholarly publications upon subjects of the greatest variety—international law, jurisprudence, contracts, torts, general philosophy, legal education, and so on—have since the early thirties poured forth in steady and, happily, increasing volume. For these several decades, first as an influential member of the faculty and more recently as dean, he has had a major hand in shaping the destinies of a great national law school. In a time of urgent national crisis he took the indispensable initiative in establishing an important, and enduring, center for training and inquiry in military law and government. He has represented and advised his government on matters of the highest importance both as a military officer and as a civilian. He has been active in the professional organizations of the bar, at both national and local levels, and has held high executive position in influential private associations, such as the American Society of International Law and the Association of American Law Schools. He has lectured in great universities abroad and served as consultant to large philanthropic foundations. Finally, as inimitable friend and mentor, he has stimulated many associates to enlarge their aspirations and capabilities and, hence, to make contributions which might otherwise have been beyond them. To the performance of all these different roles, it must be added, Dean Dillard has brought, in a manner quite distinctive to him, the deepest empathy for his fellowman, an abundance of wit and humor, and an extraordinary grace and felicity in style

Freedom from Discrimination in Choice of Language and International Human Rights

The conception of human dignity is fundamentally linked to the life of the mind which in tum is closely linked to language as a basic means of communication. Language is a rudiment of consciousness and close to the core of personality; deprivations in relation to language deeply affect identity. At this point we are concerned with the deprivations imposed upon an individual because he is a member of a group with a special language. Language is broadly understood to include all the means (signs and symbols), phonetic and phonemic, by which people communicate with each other. So conceived, language is a most important instrument of enlightenment and skill and also a significant base value for the performance of many different social roles. Further, language is commonly taken as a prime indicator of an individual\u27s group identifications. In the words of Dr. Joshua A. Fishman, [L]anguage is not merely a means of interpersonal communication and influence. It is not merely a carrier of content, whether latent or manifest. Language itself is content, a referent for loyalties and animosities, an indicator of social statuses and personal relationships, a marker of situations and topics as well as of the societal goals and the large-scale value-laden arenas of interaction that typify every speech community

Human Rights and World Public Order: A Framework for Policy-Oriented Inquiry

From the Universal Declaration of Human Rights in 1948, through the adoption of the International Covenants on Human Rights in 1966, and to the Proclamation of Teheran in 1968, the human rights program under the auspices of the United Nations has represented a tremendous collective effort and symbolized the common aspirations of mankind for increasing the protection of all basic human values. This program, as greatly agitated and accelerated by the process of postwar decolonization and the rapid emergence and multiplication of newly independent states, has burgeoned far beyond the contemplation of the founding fathers of the United Nations. Yet, few tasks confronting the world community today remain more vital to its future than the defense and fulfillment of the basic values of the individual human being. Despite recurrent syndromes of national and ethnic parochialism, the vast majority of the peoples of the world continue to demand for themselves, and to acknowledge for others, certain fundamental rights to the minimum conditions of a dignified human existence. Deprivations of human rights visited upon one individual or group are increasingly perceived to be a personal deprivation for any observer and a potential threat to all freedom. Indeed, the knowledge is now pervasive that no people can really be secure in basic rights unless all peoples are secure

The Right to Religious Freedom and World Public Order: The Emerging Norm of Nondiscrimination

Discrimination based upon religious beliefs and expressions forms the basis for some of the most serious deprivations of civil and political rights. The religious beliefs and expressions that are commonly the ground for discrimination include all of the traditional faiths and justifications from which norms of responsible conduct--that is, judgments about right and wrong--are derived. These beliefs may be theological in the sense that they refer to a personalized transempirical source of an unchallengeable message or metaphysical in the sense that they are grounded upon nonpersonalized transempirical conceptions; sometimes they are more empirical, based upon varying conceptions of science or fundamental humanity. Deprivations may be imposed upon an individual because he refuses to accept the established belief system, adheres to a belief system different from the established one, attempts to create a new set of beliefs, expresses doubt about existing belief systems, or explicitly challenges the validity of belief systems. The individual may be deprived of rights either through formal community decision-making processes or through less obvious workings of effective power

Non-Conforming Political Opinion and Human Rights: Transnational Protection Against Discrimination

In a world arena characterized by persisting expectations of violence and a concomitant trend toward politicization, there has been a deepening community concern for outlawing intolerance toward non-conformists. Expectations of violence and perception of crisis within a particular territorial community often lead to the mobilization of ,group defenses, with ruthless suppression of dissident views and discrimination against the holders of such views. The concern of the larger community both builds upon and expresses a more general norm of nondiscrimination which seeks to forbid all generic differentiations among human beings in the shaping and sharing of values for reasons irrelevant to individual capabilities and contribution. The particular norm against discrimination on the ground of nonconforming opinion finds expression in many authoritative communications, at both transnational and national levels, and, under appropriate conditions, could be made an important bulwark for the protection of political freedom