- See www.whitehouse.gov/infocus/developingnations.
- As above.
- See Foucault Michel The Will to Knowledge, The History of Sexuality: 1 Penguin Books London 1998.
- Arendt Hannah The Human Condition (2nd ed) University of Chicago Press Chicago 1998 p1.
- Spivak Gayatri Chakravorty ‘Translator's Preface’ in Derrida Jacques Of Grammatology (trans Gayatri Chakravorty Spivak) John Hopkins Press Baltimore 1976 p xiii.
- See Derrida Jacques Speech and Phenomena and Other Essays on Husserl's Theory of Signs (trans David Allison) Northwestern University Press Evanston 1973 p 141. See also Derrida Jacques On the Name Stanford University Press Stanford 1995; and Jacques Derrida Limited Inc (trans Samuel Weber) Northwestern University Press Evanston 1993 pp 152–53.
- Derrida Jacques Aporias (trans Thomas Dutoit) Stanford University Press Stanford 1993 p 61.
- McFarland Thomas Romanticism and the Forms of Ruin Princeton University Press Princeton 1981 p 31.
- www.whitehouse.gov/infocus/developingnations.
- Truman's Inaugural Address Washington DC January 20 1949.
- See Ad Hoc Open-Ended Working Group of the General Assembly on an Agenda For Development A/AC.250/1 (Parts I, II and III) 16 June 1997.
- The World Bank and the International Monetary Fund (IMF) were established at Bretton Woods in 1944 following decades of negotiations and planning on the part of the United States and Britain. The proposed International Trade Organisation was not, however, established. Instead, international trade was provisionally regulated by reference to a multilateral trade agreement, the General Agreement on Tariff and Trade (GATT). It was not until 1994 that the third limb to the Bretton Woods framework was given institutional form by the creation of the World Trade Organisation (WTO). The World Bank was created to aid post-war reconstruction in Europe and the IMF was designed to maintain the balance of payments between nations. Meanwhile, at Dumbarton Oaks, the United Nations was created to aid the political prosperity of a new world order.
- See the critical work of feminist international lawyers such as: Orford Anne ‘Locating the International: Military and Monetary Interventions after the Cold War’ (1997) 38 Harvard International Law Journal 443; Orford Anne ‘The Politics of Collective Security’ (1996) 17 Michigan Journal of International Law 373; Orford Anne Reading Humanitarian Intervention Cambridge University Press Cambridge 2002; Pahuja Sundhva ‘Technologies of Empire: IMF Conditionality and the Reinscription of the North/South Divide’ (2000) 13 Leiden Journal of International Law 749; and Beard Jennifer ‘Representations of the Liberal State in the Art of Development’ (2002) 10 Griffith Law Review 6.
- Escobar Arturo Encountering Development: The Making and Unmaking of the Third World Princeton University Press Princeton New Jersey 1995.
- www.whitehouse.gov/infocus/developingnations/newinitiative.html.
- Lisa Lowe defines the term ‘discourse’ as ‘a network that includes not only texts and cultural documents, but also social practices, formal and informal laws, policies of inclusion and exclusion, institutional forms of organisation, and so forth, all of which constitute and regulate knowledge…’. Lowe Lisa Immigrant Acts: On Asian American Cultural Politics Duke University Press Denham 1996 p 74–5.
- Grotius Hugo The Rights of War and Peace: Including the Law of Nature and of Nations (trans AC Campbell) Pontefract B Boothroyd 1814 Book II Ch XI(IV).
- Augustine Bishop of Hippo On Genesis: Two Books on Genesis against the Manichees; and On the Literal Interpretation of Genesis An Unfinished Book (trans Roland J Teske) Catholic University of America Press Washington DC 1990. Saint Augustine served as Bishop of Hippo from AD 396 until his death in AD 430.
- Augustine Bishop of Hippo Confessions (trans Albert C Outler) Westminster Press Philadelphia 1955 Book X. The Confessions, written in AD 397, is a single work in thirteen books in the form of a long prayer addressed directly to God. The first nine books contain autobiographical description telling of Augutine's conversion to Christianity; the last three books contain an allegorical explanation of the first chapter of Genesis. Book X contains a discussion on memory and Book XI a discussion of time.
- Spence Sarah Texts and the Self in the Twelfth Century Cambridge University Press Cambridge 1996 p 24.
- As above at 24.
- Council of Trent 6th Session Chapter VI.
- Colish Marcia The Mirror of Language: A Study in the Medieval Theory of Knowledge Yale University Press New Haven 1968 p ix.
- Ephesians 5:25.
- Ephesians 1:23. See also The Acts 2:38.
- Further discussion of the significance of the Christian practice of naming to a genealogy of development is beyond the scope of this article. It is taken up in further detail in a manuscript on file with the author.
- Augustine Bishop of Hippo De Pecc Et Mer II p xxviii.
- Saint Augustine described the saeculum, the Earthly City, as an expression of the mind of God, a disclosure of His will; each living creature a distinct creation. The City of God, in contrast, exists in the realm of the spirit. The Church fathers in the 2nd, 3rd and 4th centuries used saeculum to refer to the world of time, in contrast to the eternal kingdom of God. Berman Harold J The Formation of the 'Western Legal Tradition Harvard University Press Cambridge 1983 pp 93–109. See also Saint Augustine above note 19 Book XI.
- Origen was born probably at Alexandria about 182 and died at Caesarea not later than 251. This quote from Origen is taken from Tellenbach Gerd Church State and Christian Society at the Time of the Investiture Contest Basil Blackwell Oxford 1940 p 3. On living in obedience according to the Word of God, see also Augustine above note 19 Book XIV Chapter 4.
- Balibar Etienne ‘Citizen Subject’ in Eduardo Cadava Peter Connor and Jean-Luc Nancy (eds) Who Comes After the Subject? Routledge New York 1991 p 33 at 41.
- Tellenbach above note 29 at 55.
- It is useful to note the Latin etymology of ‘transgression’, namely, transgressus, past participle of transgredi, to step beyond or across.
- The term ‘to repent’ used in the New Testament stems from the Greek term metanoia, meaning a change of mind.
- Clement of Alexandria Stromateis (trans John Ferguson) Catholic University of America Press Washington DC 1991 Book III Chapter 44.4 283.
- Foucault Michel ‘On the Government of Living’ in Carrette Jeremy R (ed) Religion and Culture: Michel Foucault Routledge New York 1999 p 154 at 154–155.
- Foucault Michel The Order of Things: An Archaeology of the Human Sciences Vintage Books New York 1994 p 42.
- Augustine Bishop of Hippo Soliloquies and Immortality of the Soul (trans Gerard Watson) Warminster Aris & Phillips 1990 Book II Chapter 1.
- Augustine above note 19 Book X Chapter 1.1. The phrase ‘spot or wrinkle’ is taken from Ephesians 5.27 and refers to the Church as a whole. The individual human soul is therefore referred to as part of the body of God the Church.
- O'Donnell James J Augustine: Confessions <http://ccat.sas.upenn.edu/jod/augustine.html> (on file with author).
- Root Jerry Space to Speke: The Confessional Subject in Medieval Literature Peter Lang Publishing New York 1997 p 28; Burke Kenneth The Rhetoric of Religion; Studies in Logology University of California Press Berkeley 1970.
- Saint Clement ‘The Epistle of St Clement to the Corinthians’ in Harmer J R (ed) The Apostolic Fathers: comprising the Epistles (genuine and spurious) of Clement of Rome, the Epistles of S. Ignatius, the Epistle of S. Poly carp, the Martyrdom of S. Polycarp, the Teaching of the Apostles, the Epistle of Barnabas, the Shepherd of Hernias, the Epistle to Diognetus, the Fragments of Papias [and] the Reliques of the Elders Preserved in Irenoeus (trans J B Lightfoot) Macmillan London 1893 49. 32.
- Colish above note 23 at 3.
- Foucault above note 36 at 40.
- Augustine above note 19 Book X Chapter 1.1.
- Trained reading was a master skill, which yielded meaning to the texts. Representations of the master and student reading together is a common subject of medieval art. Grafton Anthony April Shelford and Nancy Siraisi New Worlds Ancients Texts: The Power of Tradition and the Shock of Discovery The Belknap Press Cambridge 1992 p 26. Indeed, until the 12th century, reading was usually done out loud. Rosemann writes of this art of reading: ‘…the author is therefore less a controlling, mastering “subject” than a being “subjected” to the text that lectio divina has inscribed in his mind and body…. For the text is the Word of God, and the texture of reality; it cannot be manipulated at will. The monk attempts to copy the book of scripture, first in his own body and soul, and then in the books that he himself eventually produces’: Rosemann Philip W Understanding Scholastic Thought with Foucault St Martin's Press New York 1999 p 97.
- Southern Richard W Scholastic Humanism and the Unification of Europe Oxford Blackwell 1995 vol I pp 4–5.
- Foucault Michel ‘A Preface to Transgression’ in Jeremy R Carrette (ed) Religion and Culture Routledge New York 1999.
- Balibar above note 30 at 40.
- Root above note 40 at 29.
- Root above note 40 at 28.
- Lea Henry Charles A History of Auricular Confession and Indulgences in the Latin Church Lea Brothers & Co Philadelphia 1896 p 10.
- Episcopal courts developed in each diocese to determine the cases between sinner and the congregation. These were in no sense courts of spiritual conscience. Their jurisdiction was solely in the forum externum; any influence that they might exert over the forum internum, over their relations to God, was indirect and incidental. The Church could grant the penitents peace and reconciliation but it did not pretend to absolve them, and by reconciliation they only gained the opportunity of being judged by God—not so much a second baptism, so to speak, but a resuscitation: see as above.
- Lea refers to a number of Church Fathers to support this view: 'Towards the end of the First Century, St Clement of Rome assumes that repentance and prayer to God for pardon suffice without any need for priestly mediation, although he also recommends intercessory prayer for those who have fallen into sin; St Ignatius speaks only of repentance as a requisite for reconciliation to God; and, around the middle of the Second Century, the Shepherd of Hermas seems to know of no other remission. Towards the close of the Fourth Century St Epiphanius repeats what St Cyprian had already admitted, namely, his ignorance as to what lay in store for the penitent sinner in the afterlife': see as above at 31.
- Foucault above note 36 at 41. Paden William E ‘Theaters of Humility and Suspicion’ in Martin Luther H Huck Gutman and Patrick H Hutton (eds) Technologies of the Self: A Seminar with Michel Foucault University of Massachusetts Press Amherst 1988 p 64 at 65.
- Tertullian De paenitentia (trans William P Le Saint) Newman Press New York 1959 p 9.
- Saint Cyprian ‘The Epistles’ in A Library of the Fathers of the Holy Catholic Church Parker Oxford 1844 vol 75.4.
- In their work, Anti-Oedipus: Capitalism and Schizophrenia, Gilles Deleuze and Felix Guattari describe the evolution of humanity in three overlapping stages. Each of these stages has its own way of inscribing itself on the body of the subject. Capitalism is the ultimate stage, which mobilises existing coded flows for its own exploitative uses. Deleuze Gilles and Felix Guattari Anti-Oedipus: Capitalism and Schizophrenia (trans Richard Hurley Mark Seem and Helen Lane) University of Minnesota Press Minneapolis 1983.
- As above at 191.
- See Lea above note 51.
- See as above.
- Augustine ‘On the Creed: A Sermon to the Catechumens’ (trans C L Cornish) (www.ccel.org/fathers2/NPNFl-03/npnfl-03–30.htm paras 15 and 16 (on file with author).
- Deleuze and Guattari above note 58 at 190 referring to Nietzsche Friedrich On the Genealogy of Morals (trans Walter Kaufmann and RJ Hollingdale) Vintage Books New York 1989.
- As above.
- Tertullian De Bapt xvi. The term ‘washing of blood’ is used by Tertullian to describe this substitute for baptism by water: ‘We have a second washing, which is one and the same, namely the washing of blood.’
- Matthew 10:39. It is not possible here to discuss further the continuing significance of martyrdom to Western identity.
- I am thinking here of the inscription process discussed in the work of Deleuze and Guattari above note 58.
- Harpham Geoffrey The Ascetic Imperative in Culture and Criticism The University of Chicago Press Chicago 1987 p 24.
- Connolly Hugh The Irish Penitentials and their Significance for the Sacrament of Penance Today Four Courts Press Dublin 1995 p 14. See the discussion of the works of John Cassian in Griffiths Bede ‘John Cassian’ in Walsh James (ed) Spirituality through the Centuries Kenedy & Sons New York 1964 p 25.
- Foucault above note 36 at 45.
- As above.
- As above.
- The Rules of Saint Benedict were written between 530 and 560. They rely on the rules and traditions of Christian monasticism that existed from the fourth century to the time of its writing such as those of St Pachomius (4th century Egypt), St Basil (4th century Asia Minor), St Augustine (4th and 5th century North Africa), Cassian (5th century southern Gaul) and most evidently, the Rule of the Master, an anonymous rule written two or three decades before Benedict's Rule.
- Saint Benedict's Rule for Monasteries (trans Leonard J Doyle) St John's Abbey Press Collegeville Michigan 1948 P 27.
- Coleman Janet Ancient and Medieval Memories Cambridge University Press Cambridge 1992 pp 135–36.
- Foucault above note 36 at 45.
- Warren M.L. ‘Griselda's “Unnatural Restraint” as a Technology of the Self’ ORB Online Encyclopedia at <http://orb.rhodes.edu/encvclop/culture/lit/griselda.html> (on file with author).
- The Pennitential of Cummean, for example, a Celtic manual written in or around 650, is divided into two parts. The first comprises a prologue in the form of a homily on the remission of sins. Reference is made here to the healing power of penance as a remedy for the salvation of souls. This is followed by eight chapters in which penance is set out according to the eight capital sins of gluttony, fornication, avarice, anger, dejection, languor, vainglory and pride. Part two then deals with lesser offences, the misdemeanour of boys and questions concerning the sacred host. See Meens Rob ‘The Frequency and Nature of Early Medieval Penance’ in Biller Peter and AJ Minnis (eds) Handling Sin: Confession in the Middle Ages York Medieval Press The University of York 1998 p 35 at 47.
- Recent work disputes the Celtic origins of private practice and argues instead that Frankish aristocrats supported the Celtic practice only because it had already been accepted practice on the continent during the 6th century. Doolev K ‘From Penance to Confession: the Celtic Contribution’ (1982) xiiii Bijdragen: Tijdschrift voor Filosofie en Teologie 390; and Wood I ‘The Vita Columbani and Merovingian Hagiography’ (1982) 1 Peritia 63 at 72–4.
- The bishop still performed the functions of public penance on Holy Thursday, but it was becoming an insignificant means by which the church dealt with sinners. This led to public penance being assigned to the commission of public sins and non-public penance for sins that had remained secret. This new orthodoxy found in the capitularies of various bishops was incorporated into official Carolingian legislation by the reform councils of 813. In practice the two forms of penance remained mixed depending on the knowledge of the priests and their access to texts (Meens above note 77 at 35). For a history of the displacement of public penance by private auricular confession see Lea above note 51 at 191 and Tender Thomas N Sin and Confession on the Eve of the Reformation Princeton University Press Princeton 1977.
- McNeil John T Medieval Handbooks of Penance Columbia University Press New York 1938 p 46.
- Indulgences were a remission of the temporal punishment by the Church in exchange for payment.
- Southern Richard W Saint Anselm and His Biographer: A Study of Monastic Life and Thought 1059–1130 Cambridge University Press Cambridge 1963 p 113.
- Paden above note 54 at 76.
- Augustine above note 37 Book I Chapter 7.
- Paden above note 54 at 64.
- Asad Talal ‘Notes on Body Pain and Truth in Medieval Christian Ritual’ (1983) 12:3 Economy and Society 287 306. See also Asad Talal Genealogies of Religion: Discipline and Reasons of Power in Christianity and Islam John Hopkins University Press Baltimore 1993.
- Montaigne ‘Of Repentance’ in Donald M Frame (trans) Complete Essays Stanford University Press Stanford 1958 Book III Essay 2 pp 610, 611.
- Grafton et al above note 45 at 32.
- Berman above note 28 at 172.
- This interpretation of the sacrament of penance was posited in the canon by means of their Latin translations, which were used by medieval scholastics as the authoritative representations of the original. Humanist scholars of the late Middle Ages and early Renaissance later challenged these errant translations. Erasmus, for example, in his translation of the New Testament into Greek, Hebrew and Latin pointed out that the sacrament of penance underpinning the entire framework of confession and absolution, the incarnation and the practice of indulgences were all based on the false interpretation, ‘to do penance’ (poenitentiam agite). Erasmus argued, in contrast, that the text had commanded Christians to ‘repent’ (metanoeite), that is, to come back internally to their true senses. Grafton et al above note 45 at 32.
- Haraway Donna ‘Deanimations: Maps and Portraits of Life Itself’ in Brah Avtar and Annie E Coombes (eds) Hybridity and its Discontents: Politics Science Culture Routledge London 2000 p 111 at 114.
- Lacan Jacques ‘The Seminar Book I: Freud's Papers on Technique (1953–54)’ (trans John Forrester) in Miller Jacques-Alain (ed) The Seminar of Jacques Lacan Cambridge University Press Cambridge 1988 p 299.
- See Walker RBJ ‘Foreword’ in Edkins Jenny Nalini Persram and Veronique Pin-Fat (eds) Sovereignty and Subjectivity Lynne Rienner Publishers London 1999 p ix.
- Anselm of Canterbury ‘Why God Became Man’ The Major Works Oxford University Press Oxford 1998 p 260. Southern above note 82 at 91. See also McIntvre John St Anselm and his Critics: A Reinterpretation of the Cur Deus Homo Edinburgh 1954.
- Southern Richard W The Making of the Middle Ages Hutchinson's University Library London 1954 pp 234–235.
- Romans 6:1–22.
- Anselm above note 94 Chapter 1.3.
- This was subsequently supported by the Church though the amendment to the Nicene Creed by the proclamation that the Holy Spirit 'proceeds not only from the Father but also from the Son (filio que). God the Father, representing the whole of creation, the cosmic order, is incarnate in God the Son, who represents mankind. God, the Holy Spirit was said not only to have his source in the First Person but also in the Second person of the Trinity—not only in creation but also in incarnation and redemption': Berman above note 28 at 178.
- Anselm above note 94 Book II Chapter 19.
- As above Book 1 Chapter 24.
- Berman above note 28 at 181.
- Anselm above note 94 Book 1 Chapter 12.
- Colish above note 23 at 80.
- Anselm of Canterbury ‘On Truth’ in The Major Works Oxford University Press Oxford 1998 Chapter 2.
- Hopkins Jasper A New Interpretive Translation of St Anselm's Monologion and Proslogion The Arthur J Banning Press Minneapolis 1986 p 49.
- Berman above note 28 p 175 fn 22.
- See Colish above note 23 at 59. See also Evans Gillian R Anselm and Talking About God Oxford University Press Oxford 1980.
- Berman above note 28 at 177. The symbolism of the Eucharistic ceremony again provides an example of this shift in belief. See Jungmann Joseph A Francis A Brunner and Charles K Riepe The Mass of the Roman Rite: Its Origins and Development Benziger Brothers Inc New York 1959 pp 62–63 and 129–130.
- See Foucault Michel Madness and Civilization; A History of Insanity in the Age of Reason (trans Richard Howard) Vintage Books New York 1973 pp iii and iv.
- Anselm above note 104 Chapter 5.
- Derrida Jacques Of Grammatology (trans Gayatri Chakravorty Spivak) John Hopkins Press Baltimore 1976 p 248.
- Derrida Jacques Speech and Phenomena (trans David B Allison) Evanston 1973) p 150.
- See Derrida Jacques Speech and Phenomena and Other Essays on Husserl's Theory of Signs (trans David Allison) Northwestern University Press Evanston 1973 p 141. See also Derrida Jacques On the Name Stanford University. Press Stanford 1995; and Jacques Derrida Limited Inc (trans Samuel Weber) Northwestern University Press Evanston 1993 pp 152–53.
Australian Feminist Law Journal
Volume 18, 2003 - Issue 1
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