bluuebunny/crossref_metadata_2025 huggingface dataset:
Personhood and Righteousness in Communion with Christ
Authors: Grobien Gifford A.
Published: June 2019

This chapter explains personhood as including not only individual substance, but having grounding outside of oneself, in relation. The Christian finds his grounding in Christ through communion. A Lutheran perspective on theosis is presented positively. However, it is clarified and elaborated by an explanation of simul iustus et peccator and the two natures in the Christian. In union with Christ, some of Christ’s qualities begin to characterize and shape the Christian’s new, regenerate nature, while the sinful nature persists and hampers the Christian until death. A Christian is one person with two natures, the sinful and the regenerate, while the regenerate nature lives in union with Christ sharing in, acting with, and growing by some of Christ’s qualities.
Virtue, Community, and Instruction for Ethical Formation
Authors: Grobien Gifford A.
Published: June 2019

This chapter revisits the role of worship and instruction in the law in view of the previous chapters. The Church itself is characterized by preaching and the administration of the sacraments, by gathering for worship and prayer, and by suffering trials together. These practices strengthen and shape the virtues of faith, hope, and love, which lead a person into true Christian holiness. The Ten Commandments take concrete shape in instruction in the life of the Church. Both the convicting and instructive uses of the law remain without detracting from each other, as Christians continue to grow in awareness of areas in which they need to continue to repent, and of ways to develop good works.
The Experience of Dissent
Authors: Gribben Crawford
Published: June 2019

This chapter examines developments in John Owen’s thinking about church government, church membership, and the observation of the sacraments. It will outline his experiments in ecclesiology in the 1640s, when the Independent party emerged as a movement for reform within the national church. It will suggest reasons for his apparent lack of interest in ecclesiology in the 1650s: a period in which his principal writings make little reference to the benefits of church membership, and in which Owen’s own ecclesiastical affiliation cannot be traced. It will discuss the renewal of his interest in church life in the 1660s and beyond, particularly as his Restoration works on the principles of public worship, together with a very complete set of auditor’s notes covering almost twenty years of his preaching, offer new ways of understanding the challenge he faced in turning local church principles into local church practice.
Life After Bunyan
Authors: Davies Michael
Published: June 2019

This chapter explores the ‘church life’ of the Congregational meeting at Bedford during the two decades following the death in 1688 of its most famous pastor, John Bunyan, and the passing of the 1689 Toleration Act. It examines the difficult experience of pastoral transition facing the church under the early leadership of Bunyan’s successor, Ebenezer Chandler: the first pastor to be appointed from without the congregation since its establishment in the early 1650s, but about whom almost nothing has been written. This chapter addresses matters at the heart of the relationship between Dissenting pastors and their congregations in one of the most prominent and well-documented Congregational churches of the era, and during a key period in the transformation of English Dissent: from the seventeenth century to the eighteenth century, and from persecution to toleration, via the short-lived ‘Happy Union’ of Presbyterians and Congregationalists in the early 1690s.
Roger and Sallie
Authors: Grosjean François
Published: June 2019

The author starts by addressing the basic monolingualism of all his ancestors with one exception—the Franco-English painter, Henri Jean-Baptiste Victoire Fradelle. He then describes his French father’s knowledge of English, and how it was the language of communication with the author’s mother in England. The latter became bilingual after she moved to Paris in 1945 and then trilingual when she settled in Italy. This leads to a discussion of whether changing language in bilinguals triggers a change in personality. The reasons for why the author was not brought up as a simultaneous bilingual in French and English are also explained.
My early monolingual years
Authors: Grosjean François
Published: June 2019

The author’s parents separated when he was a little over one year old, and he and his sister were placed in foster homes. The author’s early years as a monolingual child in a small French village, Villiers-Adam, are described. When he was a bit more than seven and a half, his mother abducted him to Switzerland where he was reunited with his sister. His new life in a home d’enfants in a small village, Chesières, is then described. It is there that he was given English lessons to prepare him for his new school. The chapter ends with a description of his French when he was just over eight years old.
Becoming bilingual
Authors: Grosjean François
Published: June 2019

In 1954, the author entered Aiglon College, a small English school in Villars, Switzerland. He quickly acquired English in a friendly “submersion” environment. Since the boys were both English and American, the author slowly acculturated to their cultures. At the same time, because he no longer needed French, he started losing his first language which he illustrates with examples of his written French at the time. Since his mother lived in Italy, the author acquired Italian and very quickly became fairly fluent in it. But later, it too started to be lost since he no longer used it. Language attrition as a linguistic process is explained.
Culture shock
Authors: Grosjean François
Published: June 2019

At age 14, the author was sent to a public school in England. It was very different from his previous boarding school and boys from other countries were not made welcome. Life at a school of this type in the 60s is described, including how corporal punishment was used. The author’s English developed further, his pronunciation became British, but he continued losing his French (the special bilingualism of foreign language teachers is described at this point). He started resembling heritage language bilinguals. His final years there were easier and he shows how out-of-class activities prepared him for later academic life. He left after his A levels and headed back to France for his university studies.
Returning to my first culture
Authors: Grosjean François
Published: June 2019

The author explains how his need for each of his two languages changed radically on his return to France, and uses this to introduce the Complementarity Principle. He also illustrates, using his own case, the difficulties some biculturals have identifying with both their cultures. He then describes his university studies at the Sorbonne and the work schedule he set himself to catch up in French literature and history. He introduces one of his professors, Antoine Culioli, who played an important role at the start of his career. Culioli agreed to let the author do a joint Master’s thesis with another student on French–English bilingualism. This work is described in detail.
Discovering sign language
Authors: Grosjean François
Published: June 2019

The author discovered American Sign Language (ASL) and the world of the deaf whilst in the United States. He helped set up a research program in the psycholinguistics of ASL and describes a few studies he did. He also edited, with Harlan Lane, a special issue of Langages on sign language, for French colleagues. The author then worked on the bilingualism and biculturalism of the deaf, and authored a text on the right of the deaf child to become bilingual. It has been translated into 30 different languages and is known the world over.
Reflections on the bilingual and the bicultural person
Authors: Grosjean François
Published: June 2019

The author used part of his sabbatical to write a much cited paper on bilingualism. In it he presented his “the bilingual is not two monolinguals in one person” view. He first argued how a monolingual view of bilingualism had impacted every aspect of bilingualism research up until then. He then described his holistic view and presented a number of concepts that accompany it such as language mode, the Complementarity Principle, language restructuring in bilinguals, etc. Another paper he worked on was on the bicultural person whom he depicted for the first time. He presented how behavior changes in a monocultural and a bicultural mode, and how biculturals come to grips with their identity.
Living and working in a fourth culture
Authors: Grosjean François
Published: June 2019

The author and his family went back to Europe for good, and had to acculturate to a new culture. His boys needed a bit of help during their first years but then things worked out well. The author set up his laboratory and started collaborating with firms involved in natural language processing (NLP). One of the main projects he worked on with his team was an English writing tool and grammar checker for French speakers. He also developed a long-term partnership with the Lausanne University Hospital (CHUV). The author explains how he helped students do experimental research in his laboratory. The chapter ends with some statistics showing how successful the laboratory was over a span of twenty years.
A life in danger
Authors: Grosjean François
Published: June 2019

In 2003 and 2004, the author developed an inflammatory disease and then had a heart attack. He reduced his workload and took some time off to find out about his parents’ life together in England in 1943–44. What he found is truly amazing: his father, Roger, worked for MI5 in the Double-Cross System. In addition, there is a lot of evidence that his mother, Sallie, was asked to surveil Roger by the same service. When Sallie became pregnant with the author, she wanted to have an abortion but was talked out of it by an American songwriter and composer, Jimmy Davis. The author recounts how he found all this out.
Myths of the Underworld in Contemporary Culture
Authors: Fletcher Judith
Published: June 2019

Stories of a visit to the realm of the dead and a return to the upper world are among the oldest narratives in European literature, beginning with Homer’s Odyssey and extending to contemporary culture. This volume examines a series of fictional works by twentieth- and twenty-first century authors, such Toni Morrison and Elena Ferrante, which deal in various ways with the descent to Hades. Myths of the Underworld in Contemporary Culture surveys a wide range of genres, including novels, short stories, comics, a cinematic adaptation, poetry, and juvenile fiction. It examines not only those texts that feature a literal catabasis, such as Neil Gaiman’s Sandman series, but also those where the descent to the underworld is evoked in more metaphorical ways as a kind of border crossing, for instance Salman Rushdie’s use of the Orpheus myth to signify the trauma of migration. The analyses examine how these retellings relate to earlier versions of the mythical theme, including their ancient precedents by Homer and Vergil, but also to post-classical receptions of underworld narratives by authors such as Dante, Ezra Pound, and Joseph Conrad. Arguing that the underworld has come to connote a cultural archive of narrative tradition, the book offers a series of case studies that examine the adaptation of underworld myths in contemporary culture in relation to the discourses of postmodernism, feminism, and postcolonialism.
Source Texts
Authors: Fletcher Judith
Published: June 2019

Chapter 1 provides an overview of ancient Greek and Roman descent tales, and a synthesis of themes that they share with each other and contemporary adaptations. The focus is on the Odyssean Nekyia; the history of the tradition of Heracles’ descent, reenacted by the god Dionysus in Aristophanes’ comedy Frogs (405 bce); the catabasis of Aeneas in book 6 of Vergil’s Aeneid; two versions (from Vergil’s Fourth Georgic and Ovid’s Metamorphoses) of Orpheus’ trip to Hades to retrieve Eurydice; and finally the myth of Persephone in the Homeric Hymn to Demeter. Spanning a period of roughly eight centuries, these ancient tales convey a sense of the underworld as a literary space or intertextual archive that can be accessed and adapted by successive generations of storytellers. The chapter ends with a list of elements shared by ancient and contemporary descent narratives.
The Wanderer’s Descent
Authors: Fletcher Judith
Published: June 2019

Chapter 4 outlines how a descent to the underworld can symbolize experiences of diasporic populations, including refugees, enslaved peoples, exiles, and immigrants. An African-American man in Toni Morrison’s Song of Solomon experiences an Odyssean Nekyia, and connects with his family’s past. Amy Bloom’s Away makes parallels between the story of a Jewish refugee to America and the myth of Demeter and Persephone. Rushdie’s The Ground Beneath Her Feet features Orpheus as a rock star whose descent is structured as a passage from India to America. Ann Patchett’s State of Wonder refers to the Orpheus story to address issues of deracination, but also suggests deeper intertexts that invite a critique of corporate plundering of the Amazon. With deliberate citations of ancient texts, these authors exploit the dialectic between home and the underworld to explore issues of diaspora, immigration, exile, assimilation, and nostalgia.
Epilogue
Authors: Fletcher Judith
Published: June 2019

Gathering together common themes from works by Barth, Gaiman, Byatt, Selick, Ferrante, Morrison, Bloom, Rushdie, and Patchett, a brief Conclusion reflects on the ubiquity of the descent motif and its status as a literary space in the context of postmodernism’s critiques of the canon. Underworld mythology lends itself to postmodern interrogations of authenticity, history, and authorial proprietorship. Further uses of the underworld tradition include artist Anish Kapoor’s “Descent into Limbo,” Oliver Sacks’ memoir Awakenings, Andrew Sean Greer’s novel Less, and Louise Glück’s Averno. The Other Worlds imagined in catabatic fiction contribute to these themes with implied correspondences between dreams and ghosts.
Unity in Death?
Authors: Eastman David L.
Published: June 2019

The dominant Christian tradition claims that the apostles Peter and Paul both died in Rome, but beyond that the circumstances of these deaths differ in the various sources. This chapter examines the question of whether the apostles died separately or together. The earliest sources (Acts of Peter and Acts of Paul) focus on the apostles as individuals and thus highlight the uniqueness of each death. However, because the Roman church came to stake many of its authority claims on the notion of a joint apostolic martyrdom tradition, later authors altered the stories to emphasize a single martyrdom event in Rome for both Peter and Paul. They died together just as they had preached together, and thus these stories emphasize the concordia apostolorum.
Introduction
Authors: Dolman Han
Published: June 2019

This chapter discusses the fundamental aspects of biogeochemical cycles and their interactions with climate. It describes the context of the Earth system, from the geological cycles to the current climate. It also describes the organic and geological part of the global carbon cycle. Feedbacks are shown to comprise a key component of the Earth system, keeping it stable over geological time periods. Further examples of the interactions between biogeochemical cycles and climate include the rise of oxygen on the planet, the special position Earth takes in having water in liquid, gas and frozen forms, and the role of the greenhouse gas effect in maintaining this. The chapter also introduces the concepts of steady state and mean residence time and discusses non-linearity in the Earth system.
Methane Cycling and Climate
Authors: Dolman Han
Published: June 2019

The chapter describes the mechanisms by which methane is produced in anaerobic environments. Various methane sources and sinks, both natural (e.g. wetlands) and anthropogenic (e.g. landfills, agriculture, fires), are described. The decomposition of organic material in the soil is described as a continuum within the soil matrix, rather than a separation into labile and stable pools. The different pathways of methane production under anaerobic conditions—the acetate pathway and the hydrogen pathway—are described. The roles of wetlands, water bodies, permafrost and clathrate in storing and emitting methane are elucidated. At the geological scale, the chapter discusses the role of methane as a greenhouse gas in providing a habitable climate under a fainter sun (the faint sun paradox), in glacial–interglacial transitions and in the current anthropogenic perturbation. Future methane emissions, global warming potential and the sensitivity of the important methane stores to climate change are also discussed.
Genes, brain and emotions: Introduction
Authors: Miu Andrei C , Homberg Judith R , Lesch Klaus-Peter
Published: June 2019

Recent research has started to uncover genetic influences on emotion and intermediate neural phenotypes. This work has involved an extensive array of methods and developed at the intersection of psychology, genetics, and neuroscience. The aim of this volume is to offer a comprehensive account of current research on the genetics of emotion, including methods focused on multiple levels of analysis; cognitive and biological mechanisms involved in the pathways between genes and emotional experience; and clinical and translational research on the genetics of emotion dysregulation in neuropsychiatric disorders.
Emotional memory
Authors: Ehlers Mana R , Todd Rebecca M
Published: June 2019

This chapter presents an overview of current conceptualizations of the emotional enhancement of explicit and implicit memory. It postulates that these processes depend largely on arousal-mediated noradrenergic influences on the amygdala, a key hub in a brain network, conveying information about the (emotional) salience of stimuli and events. Selected genetic polymorphisms known to cause individual differences in neurotransmitter systems mediating emotional memory enhancement are described, as well as how these may be used as tools to investigate effects of neuromodulators and hormones on emotional memory and learning. The conclusion drawn is that studies involving candidate gene approaches should be conducted alongside genome-wide association studies (GWAS) in order to improve understanding of how genetic variations and gene clusters affect emotional memory at a molecular level. Combining earlier findings with novel work obtained from genetic studies will help understand how heritability and life experience mediate and aid generate individual differences in brain and behavior function related to emotional memory.
Genetics of decision-making
Authors: Gray Joshua C , Sanchez-Roige Sandra , Palmer Abraham A , de Wit Harriet , MacKillop James
Published: June 2019

Persistent maladaptive decision-making is central to several psychiatric conditions, particularly addiction. Decision-making measures may serve as promising intermediate phenotypes (i.e. intervening mechanisms that link genetic variation to clinical vulnerability) and thus elucidate biological mechanisms that increase risk for addiction and related psychiatric disorders. This chapter focuses on the heritability and specific genetic correlates of the three most widely studied experimental measures of decision-making: impulsivity, measured by delayed reward discounting; disadvantageous decision-making, measured by the Iowa Gambling Task; and risk sensitivity, measured by the Balloon Analogue Risk Task. Despite some evidence of heritability for all phenotypes, the candidate gene studies reveal inconsistent findings. The extant literature is limited by small sample sizes, and a focus on select candidate genes, primarily related to dopaminergic and serotonergic systems. To advance the science, research will need to aggregate studies, increase sample sizes, explore subpopulations, and utilize genome-wide association studies to expand the genomic scope.
Reading the Gospels with the Eusebian Canon Tables
Authors: Crawford Matthew R.
Published: June 2019

This chapter looks at the experience of reading a four-gospel codex equipped with the Canon Tables and argues that Eusebius’ paratext has a threefold effect: 1) it binds together four originally separate texts into a single corpus of literature, and by implication excludes all other texts from this category; 2) it encourages a kind of hypertextual reading, in which passages from one gospel are read alongside passages from one or more other gospels; and 3) within this hypertextual mode the Eusebian apparatus is decidedly underdetermined, expressing a Bakhtinian openness with respect to the resolution of tensions internal to the corpus. The chapter concludes with an analysis of six parallels created by Eusebius that demonstrate these three effects.
Scholarly Practices
Authors: Crawford Matthew R.
Published: June 2019

Despite the wide profusion of Canon Tables in Latin gospelbooks from the fourth century onwards, evidence of readers or exegetes making use of the apparatus in this period is almost non-existent. The one great exception is the early Irish exegetical tradition, which shows a remarkable scholarly interest in the Eusebian paratext, though much of the relevant primary literature remains little known, and some even unpublished. This chapter examines four representative texts. The poet Ailerán of Clonard explored the symbolic significance of the Canon Tables in poetry. Two anonymous school texts, known as Pauca de libris and The Irish Reference Bible, analysed the Eusebian parallels to classify kinds of similarity and difference that exist between parallel passages. Finally, the Carolingian scholar Sedulius Scottus commented extensively on the functioning and history of the Canon Tables.
Seeing the Salvation of God
Authors: Crawford Matthew R.
Published: June 2019

In eighth-century Armenia a new genre of literature emerged consisting of commentary on the artwork that usually accompanies the Eusebian paratext. This chapter examines what these sources reveal about the way these images functioned paratextually in relation to the fourfold gospel. It first surveys the artistic developments that occurred across the diverse cultural traditions that transmitted the Eusebian apparatus. It next introduces Step‘anos of Siwnik’ and Nerses Šnorhali, the authors of the two treatises under consideration, and gives an overview of their interpretative approach. The latter part of the chapter turns to explain the functioning of the method and purpose of these commentaries by comparison with the theorization of memory in the classical rhetorical tradition. It argues that the commentaries model the use of the artwork as a mnemotechnical program intended as a preparatory exercise instructing the reader in the proper theological context within which the fourfold gospel is situated.
Becoming a Police Community Support Officer and Being Institutionally Undermined
Authors: O'Neill Megan
Published: June 2019

This chapter considers the process of becoming a Police Community Support Officer (PCSO), from deciding to apply for the position to the initial training experiences and the first few months of shadowing experienced colleagues on foot patrol. The focus of this chapter is on the relationship between the individual PCSOs and the police institution. It considers the stages of initiation into community policing which PCSOs experienced and how the organization failed to fully equip these new recruits with the ‘tools’ needed. While work as a PCSO initially was attractive to these individuals, the reality upon entering the occupation was that many were left to learn for themselves how to do the work. The organization did not give consistent messages in this regard or adequate support in order for them to learn in a formal capacity how to do the job: this process will be called ‘institutional undermining’.
The Culture of Contemporary Community and Plural Policing
Authors: O'Neill Megan
Published: June 2019

Chapter 7 examines changes in neighbourhood and community policing since the research was conducted, the impact of this on Police Community Support Officers (PCSOs), and how the findings of this research have implications beyond England and Wales. Community policing specifically and pluralized policing more broadly are topics that have expression in a number of countries and contexts. It is important to recognize that while they are indeed separate arenas of research and practice, community policing is itself a pluralized method of policing in relation to its variability internationally and because it involves multiple actors. There is thus an unavoidable degree of overlap between the two concepts. This final chapter will therefore consider what this study of PCSOs can offer for current scholarship and discourse on both community and pluralized policing beyond the UK, and the necessity of considering occupational culture within these, using the framework developed in the previous chapters.
Conclusion
Authors: Caplan Richard
Published: June 2019

The concluding chapter returns to the question with which this book opened: can we know if the peace that has been established after a civil war is a stable peace? It reiterates the central finding of this volume: that more rigorous assessments of the quality of the peace can facilitate more effective external engagement in building peace after civil war. There is no single recommended approach to effective strategic assessment. As this volume has shown, it can take many different forms. Varied though the nature of strategic assessment may be, many of the principles that underpin these initiatives are shared principles. What all of them have in common is a recognition of the vital importance of contextual knowledge for the insights it affords into local conflict-relevant dynamics and their implications for devising appropriate strategies for the maintenance of peace.
The Emergence of the Lyric Canon
Authors: Hadjimichael Theodora A.
Published: June 2019

This book explores the process of canonization of Greek lyric, as well as the textual transmission, and preservation of the lyric poems from the archaic period through to their emergence from the Library at Alexandria as edited texts. It takes into account a broad range of primary material, and focuses on specific genres, authors, philosophical schools, and scholarly activities that played a critical role in the survival and canonization of lyric poetry: comedy, Plato, Aristotle’s Peripatos, and the Hellenistic scholars. It explores therefore the way in which fifth- and fourth-century sources received and interpreted lyric material, and the role they played both in the scholarly work of the Alexandrians and in the creation of what we conventionally call the Hellenistic Lyric Canon by considering the changing contexts within which lyric songs and texts operated. With the exception of Bacchylides, whose reception and Hellenistic reputation is analysed separately, it becomes clear that the canonization of the lyric poets follows a pattern of transmission and reception. The overall analysis demonstrates that the process of canonization was already at work in the fifth- and fourth-centuries BC and that the Lyric Canon remained stable and unchanged up to the Hellenistic era, when it was inherited by the Hellenistic scholars.
Towards a Written Text
Authors: Hadjimichael Theodora A.
Published: June 2019

Chapter 5 considers the materiality of lyric poems, and discusses the coexistence of lyric song with the availability and circulation of lyric texts both within and outside Athens. The analysis presents the fifth-century literary and archaeological evidence on the existence of various kinds of books in everyday life, and distinguishes between public availability of (lyric) texts in Athenian book markets and copies owned by individuals in private book collections. No reference is ever made to book-rolls with lyric poetry in the market in our sources, and it is difficult to argue that lyric texts circulated widely in Athens. It is, however, possible that they were part of Athenian private collections. The discussion also concentrates on the sociology of lyric reception and transmission in democratic Athens. Our sources suggest that canonical sixth- and fifth-century lyric remained a favourite of the ‘elite’ and intellectuals, who would have preserved these poems as both text and song.
Elastic Surfaces
Authors: Shinbrot Troy
Published: June 2019

In this chapter, the effects of elasticity are overviewed, the Young–Laplace equation is introduced, and the importance of nondimensionalization is emphasized. Topics covered include the Plateau–Rayleigh instability and dimensional analysis.
Pulsatile Flows
Authors: Shinbrot Troy
Published: June 2019

Flow solutions in the presence of pulsation (e.g. from the heart) are developed. Bessel functions are introduced as an aside. The concepts of shocks and solitary waves (solitons) are then discussed as examples of nonlinear effects. The strategy for dealing with intrinsic nonlinearity is described in terms of mode coupling and the Korteweg–de Vries (KdV) equation.
Entrances, Branches, and Bends
Authors: Shinbrot Troy
Published: June 2019

Effects of boundaries are described, including those associated with entrances, branches, and bends in tubes. Couette flow between rotating cylinders, modelling of volume-preserving flows, and chaotic flows are described. Model building is considered, and the effects of out of plane bending are discussed in the context of static mixers.
Shearing Flows around Cylinders and Spheres
Authors: Shinbrot Troy
Published: June 2019

Novel flows between rotating cylinders, of materials settling in tubes, and in roller bottles are described. Low speed flow around a sphere is derived, and paradoxical settling behaviors are mentioned, including the effects of red blood cells. Stokes drift and Magnus force on falling bodies near boundaries. A first example from scientific ethics is raised. The streamfunction and biharmonic equation are derived and applied to flow past a sphere.
Diffusion
Authors: Shinbrot Troy
Published: June 2019

The diffusion equation is derived and solved for simple geometries. Fourier series are described, and superposition is used to combine simple solutions into more complicated ones. Advection is combined with diffusion, and compartment models defining diffusion between contacting systems (e.g. a pill, the gut, the bloodstream and tissues) are described.
Self-Assembly and Beyond
Authors: Shinbrot Troy
Published: June 2019

Effects of combining reaction with diffusion are examined, and the resulting self-assembly of ordered patterns is overviewed. Turing patterns and limit cycle oscillations are shown to result from these considerations, and future avenues for research into these topics are briefly discussed. Additional topics include reaction-diffusion equations, and limit cycles wave solution, and the limit cycle.
Introduction to English Legal History
Authors: Baker John
Published: June 2019

This book provides a concise introduction to the history of the main institutions and doctrines of English law, from the earliest times to the present. It retains the structure of the fourth edition (2003) but has been heavily revised to take account of recent research and thinking on the topics addressed. Citations of the companion source-book, Baker and Milsom, have all been amended to refer to the enlarged second edition (2010). The concentration is on the common law rather than on the many statutory regimes and reforms of the last two centuries, but stories begun in earlier periods have been carried through in outline to the present.
The Ecclesiastical Courts
Authors: Baker John
Published: June 2019

This chapter outlines the history of the Church courts in England. In medieval times they were part of a transnational system with the pope at the summit, although the ‘ecclesia Anglicana’ was recognized as a distinct entity in Magna Carta and medieval English kings exercised some authority over Church matters. A dispute between Henry II and Archbishop Becket secured the ‘benefit of clergy’ but did not exempt the clergy from temporal justice in civil matters. The jurisdictional boundary thereafter was generally clear, and was controllable by the royal writ of prohibition. The break with Rome in 1534 had a minimal effect on the daily work of the ecclesiastical courts, which continued to deal with matrimonial questions, probate, and intestate succession to personalty, until Victorian times. New appellate courts were the High Commission (abolished in 1641) and the Court of Delegates, whose jurisdiction was transferred to the Privy Council in the 1830s.
The Legal Profession
Authors: Baker John
Published: June 2019

This chapter traces the history of the English legal profession, which begins around 1200. From the start there was a distinction between advocacy and attorneyship. The pleaders in the Court of Common Pleas became around 1300 the order of serjeants at law, from whom the superior judges were chosen. A law school for ‘apprentices of the Bench’ in the thirteenth century was remodelled in the next century as a collegiate system, the inns of court and chancery, with its own learning exercises and degrees (bencher and barrister). Barristers practised as advocates, but not in the Common Pleas. In Tudor times solicitors appeared, as general practitioners. Serjeants lost their primacy to the newer rank of king’s counsel, but survived into Victorian times. Accounts are given of the judiciary and its independence, of the Civilian practitioners in Doctors’ Commons, and of the transfer of legal education to the universities.
Law Making
Authors: Baker John
Published: June 2019

This chapter examines the history of case-law, legislation, and equity, with particular reference to legal change. The common law was evidenced by judicial precedent, but single decisions were not binding until the nineteenth century. It was also rooted in professional understanding, the ‘common learning’ acquired in the inns of court. It was based on ‘reason’, operating within a rigid procedural framework. Legal change could be effected by fictions, equity, and legislation, but (except during the Interregnum) there was little systematic reform before the nineteenth century. Legislation was external to the common law, but it had to be interpreted by common-law judges and so there was a symbiotic relationship between statute-law and case-law. Codification has sometimes been proposed, but with limited effect.
Real Property
Authors: Baker John
Published: June 2019

This chapter gives an account of uses, and is inserted here because it was their association with the avoidance of feudal revenues which resulted in the principal property legislation. Uses began as factual situations in which land was held for the benefit of another. They grew in popularity as enabling land to be left by will. The common law took no notice of such extra-feudal arrangements, but by the fifteenth century the Chancery had assumed jurisdiction over uses as a matter of conscience. A statute of 1484 attached legal consequences to the use, so that it became an estate in land. Uses incidentally enabled landowners to avoid feudal incidents, and this was tackled by the Statute of Uses 1536, which put an end to wills of land, and the Statute of Wills 1540, which revived them. These statutes are explained in the context of preserving the king’s feudal incidents.
Contract
Authors: Baker John
Published: June 2019

This chapter explores some lines of development in contract law after 1600. First there were questions flowing from the decision in Slade’s Case – the pleading formulae known as the ‘common counts’ in indebitatus assumpsit were quickly settled and the perjury problems after the disuse of wager of law were dealt with in the Statute of Frauds 1677. Attempts to rationalize consideration in the eighteenth century were unsuccessful save that it became distinct from the requirement of an intention to be bound. The chapter traces the history of privity of contract and of the various attempts to give remedies to third-party beneficiaries. It then discusses the implication of terms into contracts, the difference between conditions and warranties, exclusion clauses, and the problems occasioned by standard-form contracts.
Property in Chattels Personal
Authors: Baker John
Published: June 2019

This chapter considers the history of the law governing movable chattels, which was different from the law of real property and of chattels real (such as leases of land). The basic principles changed little over time. The chapter explores the ways in which property in movables could originate, the modes of transfer, the ways in which property could cease, and how far future interests could be created in chattels. The remainder of the chapter deals with the remedies to protect chattels, beginning with detinue and its defects. Actions on the case lay from the fourteenth century for damaging goods. The action on the case called trover and conversion, which rested on a fictitious loss and finding, came from the sixteenth century to be the usual action for misappropriating goods. Though in form an action in tort, it gradually became a proprietary action.
Negligence
Authors: Baker John
Published: June 2019

This chapter traces the history of negligence in tort. The role of fault in the action of trespass vi et armis is somewhat speculative, since the relevant facts were hidden from courts by the plea of Not Guilty. But the concept of inevitable accident seems to be predicated on negligence. Negligence is more visible in actions on the case, though the earliest examples were contractual in essence. The first signs of a distinct tort of negligence, where there was no contract or custom imposing liability, appear in the seventeenth century, and in the next century there emerges a general principle that everyone must take reasonable care not to injure his neighbour. The duty of care was gradually enlarged between the eighteenth century and the present, especially with the removal of obstacles connected with the principle volenti non fit injuria and with the old notion that trespass would not lie for words.
Defamation
Authors: Baker John
Published: June 2019

This chapter addresses the history of the tort of defamation. Although early slander actions are found in manorial courts, the common law at first regarded defamation as beyond its purview and as more appropriate for ecclesiastical courts. But ecclesiastical courts could not deal with accusations of temporal crime or award damages. Soon after 1500 actions on the case were brought for damages caused by injury to reputation, not only by accusations of crime but also by accusations affecting a profession or calling. After some qualms, they could also be brought for spiritual matters, such as unchastity, provided temporal damage was shown. The actions proved embarrassingly popular, and the courts devised ways of deterring plaintiffs, in particular the artificial construction of words in the mildest possible sense (in mitiori sensu). The distinction between libel and slander is explained. Finally, there are observations on libel in printed publications.
Economic Torts and Interests
Authors: Baker John
Published: June 2019

This chapter is concerned with the history of a miscellany of wrongs best described as economic torts, and with related concepts. These involve various forms of interference (other than defamation) with a person’s trade or employment or with his other personal and contractual relationships. The areas focused on are monopolies, including patents for inventions, copyright, and the development of intellectual property, deceptive competition, inducing a breach of contract, interference with domestic relations (including per quod servicium amisit and criminal conversation), and interference with labour relations by means of intimidation and conspiracy. A recurrent theme is the extent to which motive, such as furthering an economic interest, may justify injuring another’s economic position, a matter which came to a head with the Trade Disputes Act 1906.
Persons
Authors: Baker John
Published: June 2019

This chapter is devoted to the history of the law of marriage. The formation of marriage was for many centuries a matter for the Church and its law. In medieval times marriage was held to be a sacrament and indissoluble. Divorce a vinculo matrimonii meant a decree of nullity, not dissolution. Divorce a mensa et thoro, or judicial separation, was available on grounds of misconduct, but the parties were not free to remarry. Bastardy, the status of children born outside marriage, was also for the canon law. The second part of the chapter goes into the common law of coverture, the status of married women, and the slow progress towards giving wives the right to own property and make contracts. It ends with the piecemeal reforms of divorce law, following the establishment of a secular divorce court in 1857.
Pleas of the Crown
Authors: Baker John
Published: June 2019

This chapter examines how principles of substantive criminal law emerged, given that the mechanisms which brought about the development of civil law were absent in criminal cases until modern times. Lectures in the inns of court were significant, supplemented from Tudor times by treatise writers and by occasional discussions among the judges in Serjeants’ Inn. Some general principles of liability evolved from medieval times in relation to mens rea, particularly the capacity of infants and the insane, the liability of accessories, and the position of those involved as principals in common enterprises. The second part traces in outline the history of treason, murder, chance medley, manslaughter, burglary and larceny.
Conclusion
Authors: Schouten Gina
Published: June 2019

This chapter addresses a worry about the version of political liberalism that the book defends as consistent with gender egalitarianism: the worry that this political liberalism appears to give up a lot of what political liberals have taken themselves to be after. The conclusion defends my gloss on political liberalism, arguing that it preserves what political liberals should be most committed to preserving: the possibility of justificatory community as a way of expressing mutual civic respect in a profoundly, but reasonably, ideologically divided society. I conclude, finally, by confessing my own most persistent reservation about the argument I defend: that although the argument for gender egalitarian interventions that I give is consistent with the criterion or reciprocity, it might be too complicated to actually be offered in public political deliberation.
Introduction
Authors: Schouten Gina
Published: June 2019

This chapter introduces the tension between liberalism and feminism. I begin by explaining how the ideal of gender equal sharing of caregiving and paid labor remains elusive. I then introduce the concept of liberal legitimacy, the ideal of mutual respect that it aspires to realize, and the neutrality constraint that systematizes that aspiration. One goal of the Introduction is to help readers begin to feel the pull of the guiding question: How can controversial progressive exercises of political power that aim to further a controversial progressive ideal of gender justice be made consistent with the liberal ideal of mutual respect? A second goal is to set the stage for the answer I will try to defend. I provide a brief outline of the rest of the book, define key terms, and explain my use of Rawls’s theory of political liberalism.
The Goths and Gothic
Authors: Miller D. Gary
Published: June 2019

Despite many defenses of the traditional account, there is no secure evidence for a Scandinavian origin of the Goths, no runic evidence, and linguistic parallels between Gothic and Old Norse are inconclusive. In their continual encounters with the Romans, the Goths experienced considerable language contact. Not only are there many borrowings from Latin, but many Greek words in Gothic have their Latin form and there are layers of borrowings from Greek as well. The entire Gothic corpus contains a little over 70,000 words preserved in some fifteen documents. Many mysteries surround the Gothic translation of the Bible, traditionally ascribed to Wulfila. Evidence for multiple translators is presented from lexical, morphological, and syntactic localization, as well as the range from fully idiomatic to marginally acceptable to ungrammatical constructions.
Alphabet and phonology
Authors: Miller D. Gary
Published: June 2019

It is generally accepted that Wulfila invented the Gothic alphabet, but there is no agreement on the details. The most explanatory derivation is from Greek with input from Latin and runic. The consonant system has 20 phonemes (one marginal) and five or six allophones. Apart from final obstruent-resonant strings, clusters canonically obey the Sonority Hierarchy. The vowel system has twelve phonemes (seven long, five short), less the diphthongs; some speakers may have had /y/. The main changes that left reflexes in Gothic are discussed. These include Verner’s Law, Thurneysen’s Law, breaking, Sievers’ Law, duple timing and (Verschärfung). Evidence from spelling variation suggests a vowel shift in progress. All but one of the original diphthongs may have been monophthongized. New diphthongs were created.
The nominal system
Authors: Miller D. Gary
Published: June 2019

Nouns are inflected for gender (masculine, feminine, neuter), number (singular and plural), and case: nominative, accusative, genitive, dative. Except in -u- stems, the vocative has the form of the accusative and/or is syncretized with the nominative. Demonstratives and pronominals have a residual instrumental, e.g. þe (by this), and ablative, e.g. jáinþro (from there). Adjectives are similarly inflected but also have strong and weak forms. Comparatives and nonpast participles are weak. The precise syntactic status of D-words (demonstratives, determiners, and articles) is impossible to test. Personal pronouns of the first and second person are inflected for singular, plural, and dual, and have no gender distinction. The third person pronoun has all three genders but only singular and plural number. Interrogative and indefinite pronouns are morphologically identical. Gothic has a rich negative polarity system. Numerals are partly inflected and partly indeclinable. Deictic adverbs belong to an old local case system.
P-Words
Authors: Miller D. Gary
Published: June 2019

P-words encompass prepositions, particles, and prefixes. The cases associated with each preposition (P) are determined partly lexically and partly syntactically. Because of the dative-instrumental-ablative-locative syncretism, most Ps in Gothic are accompanied by the dative. Prefixation is the primary means of altering the meaning or (lexical) aspect of Gothic verbs and deriving new verbs. Most verbs can take prefixes of some sort. Strings of preverbs in the unmarked case are ordered source > goal > place. In main clauses, verbs allow particle stranding of the outermost of two particles, but in subordinate clauses and infinitives, all verbal particles must undergo adjunction. Preposition incorporation is frequent but productive only with miþ (with). Potential instances of preverb gapping are not unequivocal.
Gothic texts
Authors: Miller D. Gary
Published: June 2019

A brief discussion with notes and relevant vocabulary is provided for twelve text selections. The four passages from Matthew include the Lord’s Prayer, which is artistically arranged in recitation groups by manuscript punctuation. Parts of the Parable of the Sower and the Seed are presented from Mark for the discussion of constituent structure in Ch. 11. Important for their non-Biblical content are the landsale deed from Arezzo and the debt-settlement deed from Naples. A short segment from Skeireins illustrates yet another kind of text. Finally, the excerpts from the Bologna fragment are important for their free composition (non-translated) portions.