bluuebunny/crossref_metadata_2025 huggingface dataset:
Technological networks: Internet and WWW
Authors: Caldarelli Guido
Published: January 2010

This chapter studies the properties of two important technological networks, namely the Internet set of cable connections and the World Wide Web made of documents linked to each other.
Social and cognitive networks
Authors: Caldarelli Guido
Published: January 2010

This chapter studies the properties of social and cognitive networks, including collaborative and linguistic networks such as Wikipedia.
The Theory of Open Quantum Systems
Authors: Breuer Heinz-Peter , Petruccione Francesco
Published: January 2010

This book treats the central physical concepts and mathematical techniques used to investigate the dynamics of open quantum systems. To provide a self-contained presentation, the text begins with a survey of classical probability theory and with an introduction to the foundations of quantum mechanics, with particular emphasis on its statistical interpretation and on the formulation of generalized measurement theory through quantum operations and effects. The fundamentals of density matrix theory, quantum Markov processes, and completely positive dynamical semigroups are developed. The most important master equations used in quantum optics and condensed matter theory are derived and applied to the study of many examples. Special attention is paid to the Markovian and non-Markovian theory of environment induced decoherence, its role in the dynamical description of the measurement process, and to the experimental observation of decohering electromagnetic field states. The book includes the modern formulation of open quantum systems in terms of stochastic processes in Hilbert space. Stochastic wave function methods and Monte Carlo algorithms are designed and applied to important examples from quantum optics and atomic physics. The fundamentals of the treatment of non-Markovian quantum processes in open systems are developed on the basis of various mathematical techniques, such as projection superoperator methods and influence functional techniques. In addition, the book expounds the relativistic theory of quantum measurements and the density matrix theory of relativistic quantum electrodynamics.
Classical Probability Theory and Stochastic Processes
Authors: Breuer Heinz-Peter , Petruccione Francesco
Published: January 2010

This chapter contains a survey of classical probability theory and stochastic processes. It starts with a description of the fundamental concepts of probability space and Kolmogorov axioms. These concepts are then used to define random variables and stochastic processes. The mathematical formulation of the special class of Markov processes through classical master equations is given, including deterministic processes (Liouville equation), jump processes (Pauli master equation), and diffusion processes (Fokker–Planck equation). Special stochastic processes which play an important role in the developments of the following chapters, such as piecewise deterministic processes and Lévy processes, are described in detail together with their basic physical properties and various mathematical formulations in terms of master equations, path integral representation, and stochastic differential equations.
Decoherence
Authors: Breuer Heinz-Peter , Petruccione Francesco
Published: January 2010

This chapter deals with the important field of environment-induced decoherence and the transition to the classical behaviour of open quantum systems. A number of techniques is developed that allows the determination of decoherence time scales. The decoherence behaviour in several Markovian models is investigated in detail, such as vacuum and thermal decoherence, decoherence in quantum Brownian motion, and the destruction of coherence through internal degrees of freedom and through the scattering of environmental particles. Moreover, experiments on the decoherence of Schrödinger cat states of the electromagnetic field are discussed, as well as the non-Markovian destruction of quantum coherence in the Caldeira–Leggett model, and the environment-induced selection of a pointer basis in the quantum theory of measurement.
Probability Distributions on Hilbert Space
Authors: Breuer Heinz-Peter , Petruccione Francesco
Published: January 2010

This chapter characterizes the statistical properties of a quantum mechanical ensemble in terms of a density matrix. However, if selective measurements of one or several observables are carried out on the ensemble, it will split into a number of sub-ensembles, each sub-ensemble being conditioned on a particular outcome of the measurements. The mathematical description of the collection of sub-ensembles thus created leads to probability distributions on projective Hilbert space. The chapter develops an appropriate mathematical framework which enables the general formulation of such a distribution, and leads to the concepts of stochastic state vectors and stochastic density matrices. These concepts are required in later chapters to construct appropriate stochastic differential equations describing the continuous monitoring of open quantum systems.
The Stochastic Simulation Method
Authors: Breuer Heinz-Peter , Petruccione Francesco
Published: January 2010

The formulation of the dynamics of open quantum systems by means of stochastic processes in Hilbert space leads to efficient Monte–Carlo simulation techniques which are introduced and examined in this chapter. Depending on whether the stochastic process is a piecewise deterministic process or a diffusion process, the corresponding individual realizations consist of intervals of deterministic evolution periods interrupted by instantaneous quantum jumps, or of continuous, nowhere differentiable paths. Various Monte Carlo algorithms for both types of processes are described in detail, and their convergence behaviour and their numerical performance is investigated for a number of applications, such as the damped harmonic oscillator, the driven two-level system, and the damped driven Morse oscillator.
Projection Operator Techniques
Authors: Breuer Heinz-Peter , Petruccione Francesco
Published: January 2010

This chapter is devoted to the foundations and to the basic mathematical structure of the non-Markovian quantum dynamics of open systems. It gives a survey of the Nakajima–Zwanzig projection operator methods with the help of which one derives so-called generalized master equations for the reduced system dynamics. In the non-Markovian regime, these master equations involve a retarded memory kernel, i.e. a time-convolution integral taken over the history of the reduced system. The chapter also describes an alternative method of particular relevance in many applications, which is based on a time-local quantum master equation, and which is known as the time-convolutionless projection operator method. This method serves as a starting point for a systematic expansion in terms of ordered cumulants and forms the basis for a non-Markovian stochastic unravelling of the reduced system dynamics.
Non-Markovian Dynamics in Physical Systems
Authors: Breuer Heinz-Peter , Petruccione Francesco
Published: January 2010

This chapter applies the time-convolutionless projection operator technique to some typical systems featuring strong non-Markovian behaviour. The first example models the decay of a two-level system into a reservoir with arbitrary spectral density. For this problem the expansion of the master equation is carried out to all orders in the system-reservoir coupling. As specific cases the damped Jaynes–Cummings model and the spontaneous decay into a photonic band gap are studied. The model is used to exemplify the breakdown of the expansion in the strong coupling regime, and to illustrate the emergence of completely positive master equations which are not in Lindblad form and involve negative decay rates. The chapter also treats the non-Markovian dynamics in quantum Brownian motion and in the spin-boson model, and illustrates the stochastic unravelling of non-Markovian quantum processes.
Introduction: The Plain Man in Characters and Court Books
Authors: HAIGH CHRISTOPHER
Published: January 2010

This introductory chapter begins with a description of The Plain Man's Pathway to Heaven published in 1601 by Arthur Dent, which was an instant hit and became one of the biggest sellers of the early 17th century. This popularity suggests that it has something to tell us about the nature of English. It considers the subsequent books spawned by the The Plain Man and the similarities between them. The chapter then presents an overview of the themes and analyses in the book, which asks how ordinary people saw and practised their own religion, and what they thought about those who saw and practised religion differently.
The Preacher and his People
Authors: HAIGH CHRISTOPHER
Published: January 2010

This chapter focuses on preachers and sermons. Arthur Dent's Theologus believed that preaching and cathechising were the means to feed Christ's sheep and save souls. Effective preachers are those who expound a ‘doctrine’ and then discuss its ‘use’, its application to his own congregation: ‘others only inform but reform not, because they speak too generally and preach as if they meant other persons and not their present auditory’.
Theologus: Pastor of a Flock
Authors: HAIGH CHRISTOPHER
Published: January 2010

This chapter focuses on how parishioners viewed the clergy's responsibilities. It describes the particular characteristics that parishioners commended. Parishioners had strong ideas of what a minister of the Word should be like — what was fit, and what was not. They also expected dignified behaviour from their minister, and objected to drunkenness and sexual laxity.
Asunetus: Ignorance is Bliss
Authors: HAIGH CHRISTOPHER
Published: January 2010

This chapter analyzes people's ignorance of catechism. It considers cases of parishioners who were barred from communion due to their ignorance of catechism. By about 1600, cases of rejection for ignorance were less common, and after 1610 they were quite rare.
Asunetus: Why All the Fuss?
Authors: HAIGH CHRISTOPHER
Published: January 2010

This chapter focuses on the practice of religion. The law regulated churchgoing, and ministers and churchwardens were horrified that people might do as they pleased. But casual absence from services was very common.
Philagathus: The Godly and the Rest
Authors: HAIGH CHRISTOPHER
Published: January 2010

This chapter focuses on the relationship between the profane and the godly. Philagathus knew well that the profane hated the godly. Theologus knew it too — ‘many of them despise the word of God, and hate all the zealous professors of it’. As he told Antilegon the caviller, ‘if a man give himself to the word and prayer, reformeth his family and abstaineth from the gross sins of the world, you will by and by say he is an hypocrite’ . At the Kettering lecture, Robert Bolton warned that the unregenerate would despise the true professors — ‘You see these fellows, which make such a show of forwardness and purity, what they are? none so covetous, none so uncharitable, none so unmerciful and cruel in their dealings as they’.
Antilegon: Attitudes to Authority
Authors: HAIGH CHRISTOPHER
Published: January 2010

This chapter explores parishioners' attitudes to church authority. Good fellowship among the less-godly was bestial sin to the godly, and the ceremony of ‘good and faithful drunkards’ became notorious, featuring in Samuel Ward's 1622 sermon ‘Woe to Drunkards’ — where Ward claimed that the participants all ‘died thereof within a few weeks, some sooner, some later’. But men and women could not be kept out of the alehouse — even when they should have been at church. When in 1571 Thomas Harmer of Stonehouse, Gloucestershire, was rebuked by the minister for playing cards in the alehouse in service time, he gave him an earful of abuse and called him ‘knave’. John Gay of Childerditch, Essex, was presented in 1584 for keeping evil rule in his house on a Sunday, ‘in so much that the minister could not say service for the great noise of the people’.
Enemies of the Godly
Authors: HAIGH CHRISTOPHER
Published: January 2010

The preceding chapters used dialogues and other texts as tools towards an investigation of grass-roots religious attitudes in post-Reformation England. It has shown that the views expressed by literary characters replicated in the real world of English parishes, and the arguments and hostilities of the texts repeated in streets, shops, and alehouses — and in churches. This chapter argues that the authors of the texts were not anthropologists or sociologists, trying to describe the thoughts and habits of the people around them. They were evangelists and polemicists: they wrote at particular times, in particular contexts, and for particular purposes. The books have political contexts and objectives, as well as their more obvious religious purposes — and their characters were deliberately created to serve political ends.
Conclusion: Pathways to Heaven
Authors: HAIGH CHRISTOPHER
Published: January 2010

This chapter presents some concluding thoughts from the author. This book is about how Theologus, Asunetus, Philagathus, Antilegon, and the Papist saw their own and each other's religion, and how they got along together, in the seventy years or so before the war came. Usually they managed to rub along together, and sometimes they rowed together — and the rows between the professors and the profane could be just as disruptive as the rows between the Protestants and the papists, but normally life went on, and religious differences were facts of daily life.
Numbers
Authors: HARRISON DAVID
Published: January 2010

The situation on the west coast main road was typical of national highways in most of medieval England. There were also bridges on secondary roads where they crossed large and small rivers. Many of the main conclusions regarding the number of bridges in medieval England are based on a study of bridges across twenty-four English rivers in three periods — the early 16th century, the third quarter of the 18th century, and the early 19th century. The data are summarised in tables, which show the number of bridges standing circa 1540; those recorded on the first large-scale county maps, most of which were published in the third quarter of the 18th century; and those on the first edition of the Ordnance Survey maps of the first half of the 19th century. The information for the 18th and 19th centuries is based on relatively accurate surveys made for mapping.
Stability: Bridges and the Road System After 1250
Authors: HARRISON DAVID
Published: January 2010

After more than 500 years of change, when the major river crossings were bridged and a new road system established, there followed almost 500 years of stability. The stock of bridges changed little. The dense pattern of bridges which existed in the 18th century would have been recognisable to Englishmen five centuries earlier. Similarly, the routes established by the time of the Gough Map survived almost unchanged. One of the principal characteristics of the English road system in this period is clear: travellers on major roads could be sure of dry and safe river crossings, provided that the bridges had been kept in repair. It is no exaggeration to say that where a national highway met a river there was invariably a bridge. On secondary roads, bridges were also the norm, except on the downstream sections of rivers, where ferries were common. On minor roads, while bridges across major rivers were unusual, there were numerous bridges over streams and small water courses, as well as countless fords and ferries.
Challenges, Options, Sources
Authors: HARRISON DAVID
Published: January 2010

This chapter looks at the challenges involved in maintaining bridges in medieval England, as well as options and sources for their design and construction. Floods often destroyed bridges during this period, and the devastation has continued into the 20th century. The main reason why bridges collapse during floods is the scouring of the river bed. Structures suitable for these varying conditions could be built in several ways. All involved the use of timber or stone, and occasionally brick, or a combination of them. Many medieval bridges have been demolished, but a large number of them are known from illustrations, descriptions, observations made when bridges were taken down or repaired, and a few modern archaeological investigations. In addition, more than 200 bridges built before 1600 were able to survive.
The Golden Age of Stone Bridges: From the Late Middle Ages to the Nineteenth Century
Authors: HARRISON DAVID
Published: January 2010

This chapter looks at the golden age of stone bridges from the late middle ages to the 19th century. In the early 16th century, the most striking characteristic of major bridges was that most were vaulted and constructed of stone. A large minority were of timber trestle construction. The remaining structures were either brick bridges, or bridges with stone piers and a timber deck. Brick bridges, like most brick buildings, were confined to the south and east of the limestone belt and, in particular, to the east-coast counties. The effects of centuries of constructing bridges with stone vaults can readily be seen by looking at the situation on the River Nene, which rises in the Northamptonshire hills where there is access to good building stone. Masons in pre-industrial England built bridges which, within their technical competence, met the needs of the site. The crucial test of all of these types of bridges is how effectively they performed their function.
Costs
Authors: HARRISON DAVID
Published: January 2010

The building, rebuilding, repair, and maintenance of the network of bridges in medieval England was a huge task. Aside from large labour forces, enormous quantities of stone, timber, lime, chalk, iron, and lead were used in construction, and very large sums of money spent. Ten thousand piles were found in the river bed at Rochester when the medieval bridge was demolished in the mid-19th century. The largest bridges were among the most expensive projects of their age. Once a bridge was built, spending did not end. Expenditure on their maintenance was probably greater than on any other type of building. Timber bridges required constant attention. Even stone bridges had to be regularly repaired and maintained. A few required very heavy, continuous expenditure, and more when major repairs had to be carried out. This was the same as the annual income of some members of the lay peerage.
Women, Social Leadership, and the Second World War
Authors: Hinton James
Published: January 2010

The associational life of middle-class women in 20th-century England has been largely ignored by historians. During the Second World War women's clubs, guilds, and institutes provided a basis for the mobilization of up to a million women, mainly housewives, into unpaid part-time work. Women's Voluntary Services (WVS) — which was set up by the government in 1938 to organize this work — generated a rich archive of reports and correspondence which provide the social historian with a unique window into the female public sphere. Questioning the view that world war two served to democratize English society, the book shows how the mobilization enabled middle-class social leaders to reinforce their claims to authority. Displaying ‘character’ through their voluntary work, the leisured women at the centre of this study made themselves indispensable to the war effort. The book delineates these ‘continuities of class’, reconstructing intimate portraits of local female social leadership in contrasting settings across provincial England, tracing complex and often acerbic rivalries within the voluntary sector, and uncovering gulfs of mutual distrust and incomprehension dividing publicly active women along gendered frontiers of class and party. Britain's wartime mobilization relied on an uneasy balance between voluntarism and the expanding power of the state, calling on a Victorian ethos of public service to cope with the profoundly un-Victorian problems of total war. It was not until the 1950s and 1960s that these female social leaders finally found themselves marginalized by bureaucracy and professionalization.
Introduction
Authors: Hinton James
Published: January 2010

This introductory chapter focuses on the voluntary work of middle-aged, middle-class women and serves to challenge ‘optimistic’ accounts of the impact of war on class and gender inequalities. It critiques anti-socialist narratives of middle-class decline; discusses the extent of wartime voluntary work; explains the book's strategy of placing the history of the WVS in the wider context of female associational life in provincial England; and sets out some theoretical propositions on the relationships between class, gender, politics, and voluntary work.
Lady Reading and Women's Voluntary Services
Authors: Hinton James
Published: January 2010

To a degree unusual among social institutions, WVS was the creation of a single individual — Lady Reading. For this reason, this chapter explores her belief in the importance of ‘character’, the highly-charged, mystical language with which she inspired her followers, and her autocratic and hierarchical style of leadership. It also deals with her dismissive attitude to the claims of domesticity on women's time — ‘put nation before husband!’ — and contemporary discussion of the relationship between the supply of domestic servants and volunteering by middle-class women.
Colonizing the Urban Public Sphere
Authors: Hinton James
Published: January 2010

This chapter describes the shape and nature of the female public sphere as it existed in the late 1930s, arguing that the women's organizations which burgeoned in the inter-war years did much to sustain middle-class social leadership in urban Britain. As WVS colonised this world, it took on many of its middle-class contours, in particular by seeking to build the new organization around the prestige of established female social leaders. Organizations discussed include Townswomen's Guilds, Business and Professional Women's Clubs, Soroptimists and the National Council of Women, all of which contributed to WVS' local leadership, as did the Conservative Party whose activists migrated wholesale into WVS when their local branches largely ceased to function due to the wartime electoral truce.
Coalfield
Authors: Hinton James
Published: January 2010

In the pit villages of County Durham, the WVS became a site of open class struggle as Labour women used it to challenge the paternalistic hold traditionally exercised by middle-class social leaders over the associational life of the miners' wives. This chapter provides a detailed account of one such conflict, centred on the mining district of Easington, where the WVS was for a time formally disowned by the national leadership after being captured by Labour activists from the middle-class (and mainly Conservative) women whose voluntary work among the miners' wives had previously provided a social counterweight to the political dominance of Labour and the miners' union in the county.
Rural England
Authors: Hinton James
Published: January 2010

In the shire counties as in the towns, the WVS built on existing women's networks, notably the Women's Institutes which, despite their formally democratic structures, usually served to uphold middle and upper-class social leadership in rural England. In the absence of any rural equivalent to the challenge represented by the urban labour movement, the WVS hierarchy had little need to intervene in established structures of authority. The major rural trauma of wartime and the invasion of evacuees from the towns tended to reinforce existing assumptions, shared across class boundaries, about the distinctness of rural life. In handling the problems thrown up by evacuation, established social leaders reaffirmed their right to speak on behalf of country folk as a whole. The need to defend the rural community against the depredations threatened by the urban invasion provided, in the traumatic autumns of 1939 and 1940, powerful new cement for the old social order.
Home Helps
Authors: Hinton James
Published: January 2010

This chapter looks closely at one example of the marginalisation of philanthropic forms of authority as social work became increasingly professionalized in the welfare state. The establishment of local authority home help services was pioneered in the 1940s by the organizer of the Oxford WVS. While this could be understood within a Whiggish narrative of voluntary work operating as an advance guard of an expanding welfare state, the chapter argues that this would be to underestimate the degree to which WVS leaders sought to resist the professionalisation of the service and experienced its eventual take-over by trained social workers, not as a vindication of the pioneering role of voluntarism, but as a defeat for their attempt to uphold the social leadership of leisured women as an integral part of the welfare state.
Women's Voluntary Services and the Voluntary Sector
Authors: Hinton James
Published: January 2010

This chapter returns to the antagonism between the WVS and other women's organizations, a relationship further embittered by an ill-conceived government attempt to force an amalgamation of WVS with the National Council of Social Services. The WVS survived because largely Lady Reading succeeded in convincing Whitehall that it could provide effective auxiliary services for the statutory authorities. Its hierarchical structure, which so offended leaders of established voluntary organizations, was crucial to its effectiveness as a handmaiden of the planning state: ‘an organized service with a proper chain of command’ as Labour's Home Secretary put it.
Conclusion
Authors: Hinton James
Published: January 2010

Lady Reading believed her creation had found the key to reconciling voluntary work and state expansion. In fact the WVS did not provide a model for the future. The welfare state certainly enabled middle-class people to sustain their dominance, but as trained professionals rather than amateur volunteers. This was especially true for the middle-aged and often rather poorly educated women who had found so much fulfilment in the WVS during the war. By the 1960s, when renewed growth took the voluntary sector in new and more radical directions, the continuing selfless work of middle-aged women delivering meals-on-wheels or serving in hospital canteens embodied only an echo of the WVS during its Second World War prime.
The Mechanics and Regulation of Market Abuse
Authors: Avgouleas Emilios E.
Published: January 2010

Economic theory implies that financial markets play a prominent role in the efficient allocation of resources in the modern world. Financial markets can fulfil this role if they enjoy the confidence of investors and are free of abuse. The financial frauds associated with the collapse of Enron and the major crises in world leading corporations such as WorldCom, Adelphia, Tyco, and the ‘Wall Street financial scandals’ have shown that fraud, manipulation, and insider dealing retain a catastrophic presence in modern financial markets. Proper deterrence of market abuse is necessary not only for the effective operation of modern financial markets, but also for regaining investor confidence. This book analyses the mechanics and regulation of two of the most harmful market practices in the modern financial world: insider dealing and market manipulation, which together comprise the offence of market abuse. This book examines the United Kingdom and European Union regimes from an interdisciplinary perspective, also making extensive and critical use of United States case law. It emphasises the economic analysis of anti-fraud manipulation regulations and their effects upon market welfare and explores the possible deterrent benefits of civil law remedies.
Modern Financial Markets and Finance Theory
Authors: AVGOULEAS EMILIOS
Published: January 2010

This chapter analyses modern financial markets as well as modern and ‘post-modern’ finance theory. The discussion sheds light on the economic theories and assumptions used in this book for the exploration of the function of market manipulation and insider dealing as forms of economic behaviour, and especially of their mechanics: techniques, devices, and tools used to perpetrate them. A sound understanding of modern financial markets and of economic theory concepts used to explain them is indispensable in the study of market abuse. It also underpins the analysis of the economic efficiency rationales that support its regulation. The chapter draws extensively on the relevant works of eminent economists such as Modigliani, Akerlof, Scholes, and Stiglitz, and from leading finance textbooks.
Deconstructing and Reconceptualizing Market Abuse
Authors: AVGOULEAS EMILIOS
Published: January 2010

The identification of the link between insider dealing and market manipulation and the exploration of their conceptual and causal relationship with ‘bubbles’ and corporate governance failures should be seen as an inextricable part of any analysis of the two practices. This chapter discusses the mechanics of insider dealing as a form of economic behaviour. It attempts to chart the effect of insider dealing on market efficiency and aims to deconstruct the almost metaphysical dimensions that the discussion of the practice has taken, especially regarding its impact on market efficiency. The link between failures in corporate governance systems and the occurrence of market abuse, the relationship between insider dealing and market manipulation, and the extent to which bubbles foster and facilitate the perpetration of manipulations are also explored. In addition, a very large number of conceptual loans from what is considered as the legal analysis of market abuse are utilised in this chapter.
The Mechanics of Market Manipulation
Authors: AVGOULEAS EMILIOS
Published: January 2010

This chapter deals with the economic analysis of market manipulation and explains its mechanics, that is, the most common methods, devices, and techniques used by manipulators to perpetrate their abusive schemes, and the economic results of the various species of market manipulation. The most common definitions of market manipulation are considered to present a new, synthetic, and workable definition of market manipulation. This definition strives to reflect the realities of modern financial markets. It incorporates, in a conceptual mode, the findings of modern finance theory, in order to facilitate the gathering and interpretation of evidence that affirms the perpetration of market manipulation. The chapter also offers a systematic classification of the various forms of market manipulation, making constant reference to the definitions and illustrations of market manipulation contained in the Market Abuse Directive and in sections 397(1), (2) (misleading statements and practices), 397(3) (misleading conduct) and 118 (market abuse) of the UK’s Financial Services and Markets Act 2000.
The Emerging EU Regime for the Regulation of Market Abuse
Authors: AVGOULEAS EMILIOS
Published: January 2010

This chapter examines the emerging European Commission (EC) regulatory framework dealing with market abuse. The EC market abuse regime comprises a coherent body of rules offered in the Market Abuse Directive and its Level 2 Implementing Measures, and a disparate collection of provisions that may be found in the new Public Offers and Admissions Prospectus Directive, the Directive on Transparency Obligations of Traded Companies, and the far-reaching Directive on Markets in Financial Instruments. These provisions aim both to protect investors and to maintain the integrity of European financial markets. This chapter also considers the new EU regime for the production and dissemination of investment recommendations and the disclosure of conflicts of interests in the same context, as well as the provisions of the Commission Regulation on the conduct of share buy-backs and stabilisations in the EU.
Market Abuse Deterrence Under a Civil Liability Regime
Authors: AVGOULEAS EMILIOS
Published: January 2010

This chapter discusses the deterrent force of private enforcement in cases of insider dealing and market manipulation. Private enforcement in the present context means actions in damages by investors who have incurred losses as a result of the perpetration of an abusive scheme involving insider dealing and/or market manipulation. The main focus of the relevant discussion is on the economic analysis of criminal, regulatory, and private means of enforcement in the case of market abuse and the evaluation of their effectiveness in providing investor compensation, administering retribution (offenders’ punishment), and enhancing deterrence. The chapter argues that the accent of any protective regime in the case of insider dealing and market manipulation should be on deterrence, and the objectives of investor compensation and malfeasant’s punishment should primarily serve this purpose. It proposes the introduction of a civil right of action for the offences of insider dealing and market manipulation, as prescribed in Article 1(2) and Articles 2 to 4 of the Market Abuse Directive.
Concluding Remarks and Proposals for Action
Authors: AVGOULEAS EMILIOS
Published: January 2010

This book offers a modern, analytical, and systematic study of market abuse that incorporates into the relevant discussion recent advancements in economic theory and legal and market developments. In this respect, the mechanics of insider dealing and market manipulation as forms of economic behaviour, their impact on market welfare, and the rationales of their regulation are examined. Undertaking this study meant exploring the most important theoretical approaches to the regulation of these practices/offences. The corporate frauds of Enron, WorldCom, and others, and the mechanics of the ‘stock market bubble’ of the 1990s and of older bubbles were extensively analysed in order to draw conclusions about the causes of market abuse, the linkages between its different forms, and the relationship of interdependence that may be observed between bubbles and market manipulation. This book also explores the emerging EC market abuse regime, along with the ever-fluctuating UK legal and regulatory framework dealing with market abuse.
Sterne, the Moderns, and the Novel
Authors: Keymer Thomas
Published: January 2010

The author of Tristram Shandy (1759-67) is often seen as an anachronism — either a belated exponent of learned-wit satire whose kinship is with Montaigne, or a proto-modernist whose narrative pyrotechnics anticipate Joyce. Yet to many contemporaries Sterne's writing was emphatically of its immediate time, a voguish compound of all things modern that seemed to typify, if not indeed constitute, a ‘Shandy-Age’. This book demonstrates the self-conscious imbrication of Tristram Shandy in the diverse literary culture of its extended moment. Not only absorbing but also updating Swift's Tale of a Tub, Sterne's text turns the satirical resources of Scriblerian writing on the post-Scriblerian literary marketplace, and above all on that quintessentially modern genre, the novel itself. For all its anticipation of later trends, Sterne's play on narrative representation, linguistic indeterminacy, the unruliness of reading, and the materiality of text turns out to be firmly grounded in the conventions and tropes of mid-18th-century fiction. Through the mechanisms of improvisatory serialization and literary intertextuality, he could also engage with other new texts and trends as they continued to emerge, including ‘Nonsense Club’ satire, the Ossianic vogue, and debates about the Seven Years War.
Novels, Print, and Meaning
Authors: Keymer Thomas
Published: January 2010

The coexistence with Sterne's noisy displays of learned-wit of his quiet but no less pervasive engagement with the novel genre takes several forms, and marks not only the novelistic-sentimental final volumes of Tristram Shandy but also its satirical-Scriblerian opening. Tristram Shandy absorbs and resumes the most vexed topics of experimentation and debate in novels such as Clarissa and Tom Jones, notably the mimetic efficacy or otherwise of narrative language, the dynamics of communication between narrator and reader, and the openness of narrative meaning to plural construction. Sterne also adopts the episodic repertoire and formal reflexiveness of now largely forgotten experimental novels of the 1750s, ostentatiously trumping their prior deployment of both with elaborate displays of narrative involution and excess, especially through visual devices that dramatize representational impasse. He digests and reworks the most innovative feature these novels share, which is their tendency to push a literary self-consciousness inherited from Fielding into a more directly practical self-consciousness about the mechanisms and institutions of print culture: specifically, about the relationship between authorial production and its materialization as a printed object, and about the overdetermination of both by the forces of literary commodification, consumer fashion, and regulatory reviewing.
Serializing a Self
Authors: Keymer Thomas
Published: January 2010

Illusions of proleptic parody in Sterne always derive, on inspection, from his conscious parody of existing texts or trends, and so it is with his anticipation of the hazards and pitfalls of Victorian serial fiction. Though relatively unexplored, and varyingly widely in its conventions and procedures from the Victorian norm, serial publication was a vital part of mid-18th-century print culture. Its resources were also creative used — by many writers of journalism, encyclopedias, history, autobiography, and fiction — to amplify and generate meaning, one such resource being the serial's capacity to perform narratives of developing or fluctuating selfhood, or the different stages and outcomes of disease. This broad context, from Addison's Spectator through Rapin's History to Smollett's Sir Launcelot Greaves, enables a fresh approach to Wayne Booth's famous question: ‘Did Sterne Complete Tristram Shandy?’ Dramatized in the continuous present of serialization, the novel's unfolding tale of failing health not only gives Tristram's losing battle with narrative language its peculiar urgency and weight; it also supplies in advance an internal, fictionalized reason for the premature close of his work.
Tristram Shandy and the Freshest Moderns
Authors: Keymer Thomas
Published: January 2010

By re-emerging at irregular intervals on the literary culture of the 1760s, absorbing or addressing its new products, Sterne could make available to himself an inexhaustible repertoire of intertextual possibilities on which to play, and so subject his own fashionability to perpetual refreshment and renewal. Sometimes there is an adversarial edge to the process, an appearance of satirical challenge, but it is also clear that new writing could have a positive, enabling effect as Sterne worked to develop his largest emphases and themes. In particular, the poetic intertexts analysed in this chapter played a key role in unlocking and developing, in the middle and later instalments of Tristram Shandy, the melancholy possibilities always inherent in the work's fixation on incommunicable and irremediable pasts. The chapter explores the process in relation to James Macpherson's immensely popular Ossianic prose poems of the early 1760s, focused as they are on plangent evocations of loss, and to the contemporaneous ‘Nonsense Club’ satire of Charles Churchill and his imitators, in which Ossian is agressively debunked.
The Literature of Whiggism and the Politics of War
Authors: Keymer Thomas
Published: January 2010

This chapter resumes the relationship between Tristram Shandy and specific poetic intertexts which had vogues of their own during the period of serialization, and which retain an ambient presence in the resulting text. Here the focus is on the intricate relationship between the Toby ‘under-plot’ and the Civil War poetry of Andrew Marvell (specifically Marvell's great poem about gardens and war, Upon Appleton House), which was enjoying a major revival in Whig political circles to which Sterne seems to have gained entry, including those of the republican ideologue Thomas Hollis. This last example also opens up an important sense in which Tristram Shandy engages, albeit with wry obliquness, in urgent topical concerns arising from the Seven Years War. In Sterne's ingenious reworking of Marvell's distinctive topos, literary intertext and political context converge on the vexed debate surrounding (in a formulation Sterne uses in a sermon) the ‘devastation, bloodshed, and expense’ of global war.
Legislative Sovereignty and the Rule of Law
Authors: Goldsworthy Jeffrey
Published: January 2010

This chapter challenges the assumption that legislative sovereignty is incompatible with the rule of law. The rule of law is first and foremost a political principle, an ideal or aspiration that may or may not be guaranteed by law. Most, if not all, common law jurisdictions treat the rule of law as a principle of common law, which unquestionably governs the decisions and actions of the executive and judicial branches of government. In addition, it is sometimes expressly mentioned in written constitutions, or regarded as implicit in them. Whether it is common law, constitutional, or both, the principle is sometimes said to govern the legislature as well as the other branches of government, and to be capable of overriding legislation. Even if legislative sovereignty is inconsistent with the rule of law, it might nevertheless be justified on the ground that in this case the rule of law is outweighed by the principle of democracy. This chapter also refutes the argument that bills of rights are required by the rule of law.
The Unbalanced Constitution
Authors: Ewing K. D.
Published: January 2010

An attempt has been made by corporate interests in the United Kingdom to capture the Human Rights Act 1998, whose importance for commercial practice was quickly identified by city solicitors representing business clients. We find a commitment to social rights and the principle of solidarity by the architects of the new European constitution. But does it matter that there is no such reference in the British constitution or that the incorporation of the principles of the European Convention on Human Rights into domestic law is not balanced by the incorporation of social rights? This chapter shows that it does and argues that by dividing the indivisible there is a danger paradoxically of both undermining and diminishing the human rights of the many, at the expense of the human rights of the few. There was no priority in the British constitution for civil and political rights over social and economic rights. Priority was accorded to legislation at the expense of the common law.
Rights versus Devolution
Authors: Himsworth Chris
Published: January 2010

In his book Charter versus Federalism (1992), Alan Cairns develops an inquiry into the impact of the Charter of Rights on Canadian federalism. This chapter uses Cairns's ideas as a basis for testing similar propositions in relation to the devolutionary settlement established by the Scotland Act 1998. If the effect of the Charter of Rights in Canada is to suppress Canadian provincial diversity, then the effect of the United Kingdom's human rights project may be to suppress the diversity, the opportunity for difference, that the creation of the Scottish Parliament was intended to create. The parallel between the two cases can be traced only at quite a general level because there are many obvious differences. This chapter provides an overview of the relevant provisions of the Human Rights Act 1998, the Scotland Act 1998, and the relationship between the two. A brief account of Scottish human rights litigation in 1999-2000 and other developments is also presented.
Criminal Justice, Judicial Interpretation, Legal Right: On Being Sceptical about the Human Rights Act 1998
Authors: Norrie Alan
Published: January 2010

This chapter discusses the Human Rights Act 1998 of the United Kingdom and its implications for criminal justice, and expresses scepticism about the Act based on the view that both the context of legal interpretation and the form of legal right are conducive to its being a disappointment. First, the progress of human rights jurisprudence in the European Court of Justice and as it is emerging in the House of Lords is considered. There are questions about whether the language of the Act would not in any case dovetail with a minimalist approach to systemic problems. The issue here relates to the nature of the liberal legal subject as an abstract persona with both expressive and repressive aspects. This chapter examines due process and its relationship to repression and guilty plea, along with the impact of the Act on the process of sentence bargaining.
The South African Experience of Judicial Rights Discourse: A Critical Appraisal
Authors: Jagwanth Saras
Published: January 2010

This chapter examines the extent to which the transformative goals in the constitution of South Africa have been capable of being meaningfully realised through enforcement by the judiciary since the shift from parliamentary sovereignty to constitutional supremacy, together with the establishment of the Constitutional Court, in 1994. Although the South African experience is often cited as support for the proposition that a constitution with an entrenched and justiciable Bill of Rights can play a major role in egalitarian social transformation, there are many limitations to the extent to which this can be realised through judicial rights discourse. Because of its explicit transformation objectives, it is primarily in the context of the role that the South African constitution in general and the Bill of Rights in particular has played in achieving a transformative social justice in South Africa that the South African experience is most usefully analysed. In particular, this chapter ascertains the extent to which the judiciary (and in particular the Constitutional Court), now the avowed guardian of the Constitution, has contributed to the meaningful change that democracy in South Africa has promised. This chapter also discusses the principles of constitutional interpretation, equality, and socioeconomic rights.
The Canadian Charter of Rights: Recognition, Redistribution, and the Imperialism of the Courts
Authors: Fudge Judy
Published: January 2010

This chapter assesses the impact of the Canadian Charter of Rights on respect for human rights, democratic practices, and political discourses in Canada to see what broader lessons, if any, can be distilled for the United Kingdom. The discussion begins by placing the rights debate within the Canadian context, paying particular attention to how its terms shifted. The different types of rights claim that are being asserted by progressive social movements are discussed, along with what the Supreme Court has done with such claims and the political response to these decisions, the meaning that the Supreme Court has attributed to the freedom of expression, and the salient features of the dominant rights discourse articulated by Canadian courts. The chapter concludes by considering whether there are other mechanisms that may have better success in enhancing human rights and fostering democracy than a justiciable bill of rights.
Scepticism about Judicial Review: A Perspective from the United States
Authors: Tushnet Mark
Published: January 2010

One might think that a United States perspective on entrenchment of human rights would be particularly valuable for states like the United Kingdom beginning to develop institutions for entrenchment. The US experience with the institution of judicial review of legislation for compatibility with some norms expressed in the constitution, dates at least to Marbury v. Madison, decided in 1803. Two hundred years' experience might provide a useful perspective on new institutions entrenching human rights. This chapter discusses several reasons why one might be sceptical about what precisely the US experience can contribute to a general understanding of entrenchment. The most fundamental sources of scepticism about the usefulness of a US perspective — the manner in which the judges who exercised the power of judicial review are chosen in the country, and the conception they have of their role — are discussed.