In 1983 and 1984, archaeologists excavated at the ruins of Khara-khoto, Inner Mongolia, about 3,000 fragments of handwritten and printed texts from the Yuan period (1271–1368). The texts were chiefly written in Chinese and Tangut but also included a handful of other languages. Among a small group of texts in Mongolian were fragments of a woodblock-printed book with illustrations, using the Uyghur script. The content of the text, as well as the presence of a few interlinear Chinese characters, made it clear that this was a translation of a Chinese work, probably of Daoist content. Because the folios were incomplete, the narrative framework of the text could only be reconstructed partially, which is also why the source text has not been identified so far. This article locates Chinese versions of the story and identifies one of them as the closest to that used by the translator. This, in turn, helps to improve our interpretation of the Mongolian fragments and provide background information for understanding the context of the text's circulation in the Khara-khoto region. My primary aim here is to engage with the original Chinese story, rather than the translation and its place in Mongolian literature.

To provide protection against harm caused by defective, unsafe products and to promote product safety, the law of product liability has developed as a specialized area of the law of delict (tort). The vexing question is, who should bear such liability? This contribution interrogates the notorious EU development risk defence, which exonerates manufacturers that meet certain stringent requirements for undiscoverable development risks in products that consequently inflict harm on consumers. In particular, it considers the election by South Africa, which recently adopted a “strict” product liability regime with the introduction of the Consumer Protection Act 2008, not to adopt such a defence. The purpose of this contribution is to consider the nature and scope of the development risk defence as contained in article 7(e) of the European Union (EU) Product Liability Directive and to determine whether it was prudent for South Africa to steer clear of incorporating a similar defence in its new statutory product liability regime.

Certainty is a cornerstone of every criminal justice system. In instances where controversy arises as to the application of any law, it is essential for it to be addressed promptly. Contrary to this need for certainty, there is judicial ambiguity regarding the mens rea for the offence of attempted murder in Botswana. There are cases which hold that the mens rea required is a specific intention to kill, and that nothing else suffices. However, some cases hold that an intention to cause grievous harm and recklessness are also sufficient. Unfortunately, the Court of Appeal, the apex court in Botswana, has made decisions that support each of these divergent positions. This article addresses the controversy of the mens rea for attempted murder in Botswana and argues that the Court of Appeal should resolve the issue by specifically overruling some of its previous decisions.

The year 2022 marked 30 years since Tanzania re-adopted multiparty democracy in 1992. The number of women parliamentarians has increased from 16 per cent after the multiparty elections in 1995 to 37.4 per cent after the 2020 elections. However, a significant share of women parliamentarians emanates from the special seats system, while only a small share of women hold directly elected seats. For example, in 2023, while women account for 37.4 per cent of the Parliament, only 9.8 per cent were elected from constituencies. This article studies the legal challenges facing women's access to directly elected parliamentary seats in light of 30 years of multiparty democracy in Tanzania. It finds that the legal gaps related to candidacy age, political affiliation, the applicable electoral system, governance of political parties, violence against women in political and public life, campaign financing and challenges related to the implementation of the special seats system hinder women's access to elected parliamentary seats.

In the late 1970s and early 1980s, the terrain of the diplomatic and security landscape of Southern Africa shifted dramatically. South Africa declared various Bantustans “independent,” but they were not recognized by other countries. Small regional states like Lesotho increasingly took more combative diplomatic stances, aided by Cold War connections and, in this case, a local border dispute. This article examines a proposed ski resort that South Africa wanted to build in the QwaQwa Bantustan on Lesotho's border starting in 1975. Because of Lesotho's diplomatic and military escalation, the Khoptjoane resort was never built, but the lengthy dispute contributed to the sidelining of the apartheid regime's diplomats in favor of its securocrats. Thus, we argue the failed ski resort contributed to the atmosphere in which Pretoria greenlit the Maseru Massacre of 1982, presaging the apartheid regime's increased 1980s willingness to use its military superiority against township residents and Southern African neighbors alike.

In 1975, the Ugandan state established an Economic Crimes Tribunal to investigate and penalize smuggling, hoarding, overcharging, and other commercial malfeasance. In the coming years, innumerable Ugandans were arrested and charged with contravening the state's economic regulations. Prior observers have seen this as another instance of a capricious state, but in this article, I demonstrate the popular investment in economic regulation. Ugandans demanded better stewardship of money and things because they were aghast at the ungovernable world of commodities. For one thing, the inaccessibility of so-called “essential commodities” — sugar and salt, preeminently — impeded ethical expectations surrounding social reproduction, hospitality, and masculine respectability. More troubling, essential commodities were not completely unavailable; rather, they were available on exclusionary and confusing terms. Relative deprivation was more upsetting than absolute scarcity because it offended a sense of consumptive entitlement. As a result, it was not only the state that accused citizens of economic crimes. There were widespread accusations in which allegation and denunciation circulated among neighbors, families, and bureaucrats in an urgent effort to discipline commodities and people.

This article explores the unmined textual history of one of Tibet's most influential historiographies, the Pillar Testament (bKa’-chems-ka-khol-ma), usually dated to the eleventh or the twelfth century. Drawing on previously known and unknown witnesses, the article compares a variety of narratives across most extant redactions. In doing so, it finds that the redaction chiefly consulted by scholars to date is an expanded and contaminated version that is notably later than previously assumed. Instead, another and heretofore largely neglected witness emerges as the most archaic extant redaction. The textual comparisons spotlight a wide range of alterations in the work's narratives and thus demonstrate how perceptions of early Tibetan historical episodes shifted over time. Such changes affected remembrance of Sino-Tibetan imperial relations, the origins of Buddhism and writing in Tibet and the genealogy of its emperors, among other things. The article concludes by critically discussing the witnesses’ dating and the hope we may place in the hunt for the work's illustrious but elusive original.

During the Second World War, a number of manuscript fragments in Iranian languages from the Berlin Turfan collections were lost. Photographs of these fragments preserved in the Nachlass of Walter B. Henning bring to light their contents and fill gaps in the record of Turfan texts. These photographs are published here for the first time, together with a description of the fragments and their contents.

Several scholars noted that the pronunciations of 天 “sky” tiān and 風 “wind” fēng in Bai appear to be akin to the western variants of the words attested in the paronomastic gloss dictionary Shìmíng 釋名. I will demonstrate in the current study that there are additional commonalities shared by both Bai and the ancient western dialect, termed Old Western Chinese (OWC) in this study. In both languages, one can identify words with zy- in Middle Chinese (MC) that are pronounced j-. Bai and Old Western Chinese use the same word (椹 shèn) for “fungus”. Furthermore, Old Chinese (OC) cluster *-p/t-s yields -t in both languages in lieu of yielding -j as observed in Middle Chinese. Last but not least, it appears that in both languages, words with *lˤ- (whence MC d-) and -ʔ (whence MC rising tone) are distinct from other words with d- in Middle Chinese. Hence, this paper puts the claim that Bai is akin to Old Western Chinese on a stronger footing. As a side note, judging from the fact that 四 “four” sì contains -t in Old Western Chinese and early Bai, its Old Chinese form most likely ends in *-[t]-s.

This article collects and analyses passages about male and female domestic slaves in the Persian Rivāyats. The Rivāyats consist of correspondence between Iranian and Indian Zoroastrians (Parsis) from the late fifteenth to the eighteenth centuries ce. In these letters, Parsis sought the opinions of Iranian Zoroastrians on various doctrinal and ritual issues. The passages in question cover a range of subjects, including the issue of converting household slaves to Zoroastrianism, their participation in domestic religious ceremonies, the exposure of their dead bodies in the towers of silence, and marrying female slaves. These references to slaves challenge the conventional narrative that pre-modern Zoroastrians were oppressed, marginalized, and poor communities. This narrative has overshadowed these pieces of evidence and has caused them not to be studied seriously. This paper seeks to go beyond this traditional reconstruction by examining these texts based on their context. The passages reflect the actual socio-religious issues of Zoroastrians, especially Parsis, and demonstrate their participation in the slave-owning milieu of late medieval and early modern Gujarat and Iran rather than mere anachronistic elements or rhetorical tools reflecting a scholastic treatment of a defunct legal question.