A rebirth for the pharaoh: reflections on the classification of the new kingdom divine birth cycle as a ritual
The interpretation of rituals enacted, or represented, in the temples of Egypt is limited by the often sparse survival of evidence; most of our knowledge of the Egyptian temple cult comes from the temples of the Graeco-Roman period. This paper deals with an aspect of ancient Egyptian divine kingship, the divine birth cycle, and the question of its rituality. The focus is on the well-known but somewhat enigmatic event of engendering the divine child (i.e. the king), as depicted during the New Kingdom period. Following the various types of ritual classification, one might be tempted to interpret the divine birth cycle as a political ritual designed to legitimize the pharaoh's rule. At the same time, it coequals with various aspects of religious renewal, such as the annual re-creation, and rebirth of the pharaonic state through its socio-ideological self, represented by the king. In this respect, one might categorize divine birth as a festival or calendrical rite. The purpose of this paper is to explore various ways of interpreting the divine birth cycle as a ritual, or as a religious representation of a different type.
Luxor Temple and the Cult of the Royal Ka
high point of the religious life of Thebes was the Luxor [Opet] festival . . . [where] the connection between king and god experienced an impressive demonstration. Very often the king himself took part in the procession, and several kings were elected [by the god Amon-Re] during this occasion: among others Hatshepsut and Horemheb . . . [The] representation[s] of the festival procession . . . give a general idea of the festival's progress, [but] they reveal very little about its meaning.... [W]hat exactly took place in the temple of Luxor? The Egyptians remain silent. The attempted explanations of modern scholars may all be right in parts. It remains doubtful, however, whether any one of them has got to the bottom of the matter.'
Law in a law-governed union (Recht in einer Rechtsunion) : the Court of Justice of the European Union and the free law doctrine
The Court of Justice of the European Union characterizes the Union as a Rechtsunion: a law-governed union. The conception of “the law” in Article 19 paragraph 1 of the Treaty on European Union transcends the Treaties, according to the Vice-President of the Court of Justice, Koen Lenaerts. This thesis demonstrates with reference to the work of Georg Jellinek that the Union is a non-sovereign state and, with reference to the work of Eugen Ehrlich in particular, that the state-based perception of law is a misperception. Not all production of law is reserved to the state and not all law is state-recognized law. There is extra-state law. It has been alleged that the Court of Justice of the European Union has had “a free law attitude”. The author discusses the free law doctrine developed at the beginning of the twentieth century and has made literal translations of writings in German, French and Italian by the main representatives of the free law movement. The free law doctrine provides a descriptive framework for the case-law of courts. The author describes the creation by the Court of Justice of four constitutional principles of Union law through its case-law. He concludes that every court is, to quote Hermann Kantorowicz, praeter legem law-creatively active and has, in that sense, a free law attitude. The decisions of judges are often volitional decisions. How the law will be applied should be predictable but volitional decisions, because they are unpredictable, are inconsistent with the principle of legal certainty. In the Union and its member states the judiciary and not the statute or “the law” is pre-eminent. The author suggests how the concept of law should be defined in a material Rechtsunion. He argues that societal legal norms could be provided with an appropriate position consistent with the principle of legal certainty by making the validity of a societal legal norm contingent on its material lawfulness.