bluuebunny/crossref_metadata_2025 huggingface dataset:
Ius Commune
Authors: van Dam Cees
Published: January 2010

This chapter looks at the possibilities and impossibilities of an ius commune, a common European law, particularly in the area of tort law. There has been strong support for discussing the harmonisation of national private laws in Europe, including the national tort laws. The chapter discusses the thresholds for harmonising the national laws, for example the fact that they hold different approaches to tort law. In France, the main goal is compensation of the victim and distributive justice (featured by the major general strict liability rule for things), whereas in England tort law is mainly about regulating conduct and corrective justice (embodied in the tort of negligence). In Germany, the approach focuses formally on regulating conduct but this happens in a strict way which means that, in fact, distributive justice is the leading principle. The chapter looks at the rules on fault liability and stricter liability as well as common law and codified law.
9 Violation of a Statutory Rule
Authors: van Dam Cees
Published: January 2010

Liability cannot only be based on the violation of an unwritten rule but also on the violation of written, statutory, rule. This chapter shows the relationship between criminal and administrative law (public law) on the one hand and tort law on the other. If a nursery uses banned pesticides, or an engineer installs wires contrary to health and safety rules, or someone builds a house without proper licences, they violate statutory duties. In principle, such a violation gives rise to liability for the damage caused which means that, in all their variety, statutory rules are an important basis for establishing liability. However, the legal systems in Europe deal with this basis for liability in different ways. This chapter looks at how violation of a statutory rule is treated in the legal systems of France, England, and Germany; liability for breach of European Community law, and private right of action.
Association with Grammatical Categories
Authors: BHAT D.N.S.
Published: January 2010

Number marking involves primarily conjunction (with numbered entities being emphasized) in the case of personal pronouns, whereas in that of proforms it involves plurality (with numbered entities being suppressed). Similarly, in the case of personal pronouns, gender distinction is either not expressed, or expressed for denoting politeness, whereas in that of proforms it is used for referential identification. The association of case markers with personal pronouns also involves certain unique characteristics like sagittal marking and direct-inverse marking.
Other Related Puzzles
Authors: BHAT D.N.S.
Published: January 2010

The assumption put forth in Chapter 10, namely that constituent questions of languages in which there is affinity between interrogative and indefinite proforms do not contain any interrogative proforms but only indefinite proforms, helps to resolve certain other puzzles, such as (i) the derivation of specific and non-specific indefinites by adding disjunctive and conjunctive particles respectively to interrogatives; (ii) the occurrence of ‘indirect questions’ that do not involve any question (request for information) as such in most instances; and (iii) the affinity between interrogative and relative proforms, occurring in some languages.
Choral Forms in Aristophanic Comedy: Musical Mimesis and Dramatic Performance in Classical Athens
Authors: Calame Claude
Published: January 2010

This chapter is concerned with the ritual and cultic meaning of choral performances in the comedies of Aristophanes. Such choruses adapt traditional forms of melic poetry for the stage, mimic ritual addresses to the gods, and contribute indirectly to the celebration of Dionysus. But what of the authority of the choral voice? Unlike previous studies which have approached this question from the point of view of the comic parabasis, the chapter focuses on the exodoi, the final choral songs. These bring together poet, performers, and audience in a happy ending which anticipates the victory celebration in which all will participate. At the same time they also evoke the atmosphere of the Dionysiac cult in which the comic drama itself is one of the acts.
Themes, Perspectives, Questions
Authors: Hawkins Keith
Published: January 2010

What are the conditions under which the formalities of law in the courtroom come into play? A decision to prosecute is the combination of a series of decisions made about the desirability of dealing with an apparent breach of the law by criminal trial. This chapter suggests that such decision-making may be thought of as instrumental or as expressive. It shows the extent to which prosecution is a matter conveying enforcers' sense of reluctance to prosecute where rules are broken, becoming a rare event for them. The scope, methods, and types of data employed in the analysis are described.
Organizing Ideas
Authors: Hawkins Keith
Published: January 2010

This chapter outlines the theoretical perspective informing the empirical analysis in the book. It covers the naturalistic character of the inquiry, the view taken of the nature of decision-making in legal systems and legal bureaucracies, and ideas about enforcement practices in regulatory systems. It criticizes positivistic approaches to decision-making, particularly those influenced by ideas of rational choice, and outlines a holistic perspective. Perspectives on the enforcement of regulation preface a theory of legal decision-making around which the book is organized. The theory is based on a conception that legal decisions can only be understood by reference to their broad environment as well as their particular context: their ‘surround’, ‘fields’, and ‘frames’. Each of these ideas is analysed.
Pre-Trial Processes
Authors: Hawkins Keith
Published: January 2010

Prosecution must be seen as the culmination of a series of screening determinations made about the fate of a case in a serial decision-making system in which decisions are not simply reactions to past matters, but are made in anticipation of possible future events. These pre-trial processes, provisional in character, shape decisions about whether and how to prosecute. This chapter discusses the role of the regulatory inspector in this decision-making, together with the centralized or decentralized organizational structures within which discretion is exercised and controlled. Attention is given to decisions about the number and choice of criminal charges, the choice of forum, the target of the prosecution, and the nature and extent of pre-trial bargaining. The relationship between civil action and criminal prosecution is also discussed.
Decision-Making Environments
Authors: Hawkins Keith
Published: January 2010

The surround is the environment of the agency and its inspectors, in which both predictable and unexpected events occur. It has political, economic, and social facets. There may be naturally occurring undesired events, but in their response to disaster, change in public or political attitudes, or to shifts in the economic climate, government and media also become features in a regulatory agency's surround. The surround may be remote, but it may also be local. This chapter illustrates the properties of the local surround by reference to features connected with the construction and chemicals industries, notably their prosperity, invisibility, instability, and transience. The character of features in the remote and local surround profoundly influences changes in enforcement policy and practice.
Symbols and Images
Authors: Hawkins Keith
Published: January 2010

Prosecution is a communicative device and regulatory bureaucracies are actors on the public stage. This chapter discusses the implications of prosecution as a public act. HSE has both general and special audiences for its activities: audiences that create expectations among inspectors and HSE about action in appropriate circumstances. Prosecution conveys messages to audiences about values of commensurability, consistency, and accountability. The public character of prosecution allows the manufacture of certain appearances to HSE's audiences, intended to present an outward impression of the general character of the regulatory organization, three of the most important being fairness, activity, and credibility. A concern for the symbolism and imagery implicated in prosecution is most prominent where egregious events are concerned. Finally, the chapter discusses how regulators respond to their vulnerability to criticism and complaint. Selective symbolic action maintains the legitimacy of the regulatory organization, while placating its opposition.
Enforcers’ Theories of Compliance and Punishment
Authors: Hawkins Keith
Published: January 2010

This chapter begins with an analysis of decision-makers' frames: how they make sense of the problems they encounter, what they define as relevant, and how they reason about them. Framing is a prerequisite to deciding whether, how, and why to act. There is discussion of enforcement officials' theorizing about why people comply with or violate the law. The ‘theories’ of rule breaking ‘explain’ non-compliance and suggest what form of enforcement or sanction may be appropriate. Enforcers believe compliance generally either to be principled, a matter of instrumental calculation, of self-interest, or the result of customary behaviour. Non-compliance is regarded as a result of self-interested calculation, organizational mismanagement, or occupational culture. In creating these theories, enforcers rely on a conception of business character influenced by firm size, type of business, enforcement history, or the character of the business contact.
Res Gestae Diυi Saporis: Greek and Sasanian Anti-Roman Propaganda
Authors: RUBIN ZEEV
Published: January 2010

The Res Gestae Diυi Saporis (RGDS) is an extraordinary inscriptional document, an account given by the Sasanian king Shāpūr I (240-271) of his empire, its extent and structure, of some of his exploits, mainly his wars against the Romans, and of some honours bestowed on distinguished members of the royal court, both living and dead. The name Res Gestae is therefore far from being an accurate description of the nature of this document, since it is appropriate only for one part of it, which by no means intends to cover the whole extent of the king’s exploits. The inscription was set up in three languages: Middle Persian (now much mutilated), Parthian, and Greek. This chapter examines who the Greek-reading destinees of Sasanian royal propaganda in the district of Stakhr were supposed to be and the implications of the use of the Greek language on a royal monument erected at a spot beyond the range of Greek civilisation.
Responding to Pressure at the Turn of the Fifteenth Century
Authors: Stone David
Published: January 2010

The profitability of direct cultivation at Wisbech was severely reduced in the late 14th and early 15th centuries as agricultural prices fell and wages rose. But unlike many other landlords, who increasingly turned to leasing at this time, the bishop of Ely kept this demesne in hand, largely, this chapter argues, because he could still rely on the services of highly skilled and capable reeves. These men were willing to experiment, not least with crop rotations, and managed the farm with impressive tightness, especially in terms of assessing which crops were best suited to the production of a marketable surplus and the effective integration of arable and pastoral husbandry. Farm management here became more proficient as the economy worsened. Concomitantly, inputs were reduced and productivity fell, a relationship that is particularly clear in sheep husbandry, where fleece weights declined because of the spread of contagious disease.
The Nature of Arguments about the Nature of Law
Authors: ALEXY ROBERT
Published: January 2010

Law is a highly complex entity. This is the reason why, as Joseph Raz puts it, the list of the essential properties of law is indefinite. This chapter identifies the main problems concerning the nature of law and then concentrates on certain aspects of these problems. Three problems that define the problem of the nature of law can be identified. The first problem addresses the question: In what kind of entities does the law consist, and how are these entities connected such that they form the overarching entity we call ‘law’? The second problem concerns the social reality of law, that is, the real or factual dimension of law. The third problem concerns the correctness or legitimacy of law. Here the main question is the relationship between law and morality. The problem of the relationship between law and coercion or force is also discussed, along with argument from coercion, correctness, and extreme injustice.
Stronger Reasons
Authors: BITTNER RÜDIGER
Published: January 2010

It is commonly believed that reasons are normative, which seems to entail: ‘What you have reason to do, you ought to do’. This may be amended to: ‘What you have strongest reason to do, you ought to do’. The emphasis is on strongest reason, not the strongest reason. One may have the strongest reason (among all the reasons available) for doing one thing, but he or she has strongest reason to do another. The idea is that in this case, one ought to take the latter course of action. However, it is not clear what the sentence ‘What you have strongest reason to do, you ought to do’ means. This chapter discusses Joseph Raz's explication of this and argues that it is not satisfactory. It then offers a better one and discusses its implications for the supposed normativity of reasons. Harry Frankfurt's ideas about caring are also considered, along with issues of conflict and incommensurability with respect to reasons.
Liberal Theories of Multiculturalism
Authors: KYMLICKA WILL
Published: January 2010

The last ten years have seen a remarkable upsurge in interest amongst political philosophers in the rights of ethnocultural groups within Western democracies. Joseph Raz's writings, particularly his article on ‘Multiculturalism: A Liberal Perspective’, have played an important role in this debate. This chapter presents an overview of the philosophical debate so far, and suggests how Raz's theory fits into the larger debate. There are three broad positions in the debate over multiculturalism or minority rights. The first position viewed multiculturalism as a form of, or application of, communitarianism. The second stage of the debate is related to the question: what is the possible scope for minority rights within liberal theory? The third stage views minority rights as a response to nation-building. This chapter also discusses the effect of nation-building on national minorities and immigrants as well as Raz's views on nationalism and nation-building.
Prologue: Antioquia and its People
Authors: Londoño-Vega Patricia
Published: January 2010

This chapter begins by discussing the topography of Antioquia and its divisions. It then talks about the historical demography of the people of Antioquia. It explains that the Indian and the Negroes were some of first settlers of Antioquia. It adds that Englishmen, North Americans, Germans, Spaniards, and Frenchmen, were the most numerous. It narrates that foreigners were hired for the mines of the region. This chapter also examines the occupations and ways of life of the people of Antioquia. It explains that occupation became an identifying factor of the social status in the region. It also analyses the crimes that have occurred in Antioquia.
The Original ToBi System and the Evolution of the ToBi Framework
Authors: Beckman Mary E. , Hirschberg Julia , Shattuck-Hufnagel Stefanie
Published: January 2010

This chapter presents an overview of the original ToBI system. It reviews the design of the original ToBI system and its foundations in basic and applied research. It describes the inter-disciplinary community of users and uses for which the system was intended, and it outlines how the consensus model of American English intonation and inter-word juncture was achieved by finding points of useful intersection among the research interests and knowledge embodied in this community. It thus identifies the practical principles for designing prosodic annotation conventions that emerged in the course of developing, testing, and using this particular system. The chapter also describes how the original ToBI conventions have been evolved to be the general annotation conventions for several other English varieties and for a number of other languages.
Intonational Analysis and Prosodic Annotation of Greek Spoken Corpora
Authors: Arvaniti Amalia , Baltazani Mary
Published: January 2010

This chapter provides an analysis of the prosodic and intonational structure of Greek within the autosegmental/metrical framework of intonational phonology, and presents Greek ToBI (GRToBI), a system for the annotation of Greek spoken corpora based on this analysis. Both the analysis and the annotation system have largely been developed on the basis of a corpus of spoken Greek. The analysis posits five pitch accents (H*, L*, H*+L, L*+H, L+H*), and two levels of phrasing, the intermediate phrase (ip) and the intonational phrase (IP), which are tonally demarcated by three types of phrase accent (H-, L-, !H-) and three types of boundary tone (H%, L%, !H %) respectively. Unlike the original ToBI, GRToBI has five tiers: the Tone Tier, the Words Tier, the Break Index Tier, the Miscellaneous Tier, and the Prosodic Words Tier (a phonetic transcription of prosodic words).
An Autosegmental-Metrical Analysis and Prosodic Annotation Conventions for Cantonese
Authors: Wong Wai Yi P. , Chan Marjorie K. M. , Beckman Mary E.
Published: January 2010

This chapter introduces the C-ToBI (Cantonese Tones and Break Indices) conventions for modern Cantonese. These conventions are designed for use in annotating tone and juncture phenomena in spoken Cantonese corpora. Tone and juncture phenomena of special interest for prosodic typology include: the rather strict monosyllabicity of Cantonese word forms; the absence of contrast between ‘stressed’ and reduced (‘neutral tone’) syllables; and the extremely dense syntagmatic tonal specification, including non-segmental boundary tones. All three characteristics set Cantonese apart from Mandarin Chinese. Another phenomenon of interest is that, despite the existence of syllable fusion in Cantonese, there seems to be no reliable categorical markings of intermediate levels of prosodic grouping between the syllable and the intonational phrase. The C-ToBI conventions proposed here are intended to facilitate the development of the large prosodically-annotated speech corpora that are needed to address these issues and the many questions concerning the prosodic structure of modern Cantonese.
Intonational Phonology of Chickasaw
Authors: Gordon Matthew K.
Published: January 2010

This chapter describes and analyses the intonational phonology of Chickasaw, an endangered Muskogean language spoken in Oklahoma. Topics covered include prosodic constituency, degree of disjuncture between adjacent words, boundary tones associated with various utterance types, and nuclear pitch accent placement. Some of the principal findings are as follows. Chickasaw utterances may be broken down into successively smaller constituents, defined in terms of tonal, durational, and accentual properties. Statements end in a rise in fundamental frequency, phonologically a H% boundary tone; whereas both yes/no and wh-questions end in a fall in fundamental frequency, reflecting a L% boundary tones. Each Intonational Phrase has a nuclear pitch accent that falls on the last syllable in statements, but typically falls on a syllable to the left of the final one in questions. In addition, phonologically predictable nuclear pitch accents are suppressed when adjacent to the morpholexical pitch accent found in certain words.
Person–Thing and Person–Person Relations
Authors: HARRIS J. W.
Published: January 2010

Rules and juristic superstructures on property yield relations between persons and presupposes relations between persons and things. This chapter considers how this false contrast — person-thing relations versus person-person relations — came about. It also examines the varieties of scepticism about ownership.
Natural Property Rights and Labour
Authors: HARRIS J. W.
Published: January 2010

This chapter considers whether there are moral property rights to ownership falling within the sixth of the seven categories of property rights set out in section (ii) of Chapter 10 — that is, moral standing to claim that a person or group ought to be vested with an ownership interest over some specific resource. Topics discussed include natural property rights, self-ownership, creation-without-wrong, desert and justice, and desert and property.
5 Changing the Power Grid: Industrial Reorganization at EDF
Authors: HANCKÉ BOB
Published: January 2010

The second case study examines a large state-owned utility, Electricité de France.
Efficiency, utility and wealth maximization
Authors: Coleman Jules L.
Published: January 2010

This chapter argues that two states of affairs, S' and S, can be Kaldor-Hicks efficient to each other (the Scitovsky paradox), whereas S' and S cannot each contain more utility than the other. So from the fact that S' is Kaldor-Hicks efficient to S, it cannot be inferred that S' increases utility over S. This leads to the contradictory conclusion that S and S' increase utility with respect to each other. Based on the fact that a social state, S, is Pareto optimal, no inference about whether the move to it from a previous social state increases utility can be warranted — at least not without a standard of interpersonal comparability. The chapter goes on to show that only Pareto superiority bears the desired relationship to utilitarianism; that is, if S' is Pareto superior to S, then S' increases utility with respect to S. The rest of the chapter discusses at length various lines of defense for normative economic analysis.
Law and markets
Authors: Coleman Jules L.
Published: January 2010

This chapter addresses concerns regarding the extent to which the argument for market justifies an economic approach to law. It begins by working through Calabresi's insight that tort law occupies a middle ground between contract and crimes. It then turns the argument around to determine if what was said about contracts and torts suggests a particular account of the criminal law, which in fact, it does.
Efficiency and market failure
Authors: Coleman Jules L.
Published: January 2010

This chapter argues that the relevant notion of market failure is not well understood or analyzed. There are important conceptual and normative differences between the practice of rectifying market failures and promoting efficient outcomes. Strictly defined, promoting efficiency as such cannot be defended within any rational choice framework. Individual rational choice theory sanctions only moves to the northeast in utility space, whereas not every efficient point will be to the northeast of the point of no agreement for all agents. Understanding legal rules facilitating markets rather than producing efficient outcomes helps avoid this problem. Moreover, markets are defensible in liberal political theory in a way in which efficiency strictly construed may not be.
Safeguarding
Authors: Coleman Jules L.
Published: January 2010

This chapter shows that rational contractors seek to create mutually advantageous, enforcable agreements. Doing so requires that they satisfy three independent rationality conditions: joint, concession, and individual rationality. A process of rational bargaining can satisfy these conditions but still fail to reach fruition because of uncertainty deriving from incomplete or imperfect information, or from potential defection. Creating safeguards requires parties to incur three distinct kinds of cost corresponding to the phases in contracting: search costs (pre-phase), decision costs (negotiation phase), and monitoring costs (post-phase). The ways in which the social environment can be altered to reduce uncertainty thereby increasing the possibility of rational cooperation, are discussed.
Reciprocity of risk
Authors: Coleman Jules L.
Published: January 2010

This chapter considers the ways in which the fault requirement can be downplayed by exploring the sense in which it expresses a more fundamental, general principle of liability and recovery: the principle of liability for nonreciprocal risk taking. This is the view generally associated with George Fletcher.
Causation, responsibility, and strict liability
Authors: Coleman Jules L.
Published: January 2010

This chapter discusses the theory of strict liability as a way of eliminating tort's reliance on the fault principle. The theory holds that (1) liability and recovery are matters of justice for all and only losses result from the invasion of rights; (2) compensation can never be a matter of justice in the absence of a right; and (3) compensation in torts is always for action contrary to rights.
Product liability
Authors: Coleman Jules L.
Published: January 2010

This chapter departs from the structure of the preceding chapters. Instead of trying to unpack product liability law in search of its underlying commitments, it seeks to provide a strategy of reform consistent with the arguments presented in Parts II and III of the book. It argues that tort allows for significant departures from its corrective justice core, and, more importantly, in doing so is defensible. Tort law is a mixture of markets and morals.
Limits to Religious Freedom
Authors: AHDAR REX , LEIGH IAN
Published: January 2010

This chapter considers the approach to limits to religious liberty, together with the questions of clashes between religious liberty and other constitutional or human rights and the application of religious liberty between private parties. There are various ways that religious freedom can be restricted to more ‘manageable’ proportions. There are at least five such limiting strategies, four of which involve making a distinction between the realm that is unhampered by the law and the restricted realm by focusing on the type of belief or the consequences of the action involved. These are the belief-action distinction; distinction between other-regarding and self-regarding acts; distinction between religiously compelled and religiously motivated acts; and distinction between core and peripheral beliefs. After explaining and critiquing each one, a fifth strategy, reasonable limitation, is discussed along with the reasons why this strategy is preferable over the others.
Education
Authors: AHDAR REX , LEIGH IAN
Published: January 2010

This chapter discusses the protection of religious freedom in both private and state schools. As an important aspect of human societies, religious education obviously features in the educational curriculum. More contentious, however, is the question of whether schools should themselves foster or permit opportunities for religious practice. Less obviously, but no less contentious, are issues concerning the content of the ‘secular’ curriculum in areas such as science or sex education. The material taught may sometimes conflict with the religious beliefs of a pupil or his/her parents. The chapter looks at an issue that is fundamental to understanding the ongoing controversies surrounding all these questions: the conflict between liberalism and Christianity about the very purpose of education.
Religious Group Autonomy
Authors: AHDAR REX , LEIGH IAN
Published: January 2010

This chapter examines religious group autonomy which comprises the right of religious communities to determine and administer their own internal religious affairs without interference from the state. The importance of religious group autonomy (or church autonomy, to use the traditional label) to any overall scheme of religious liberty has rightly been described as ‘critical’ and ‘exceptionally high’. This chapter begins with a brief survey of the law’s recognition of religious group autonomy and religious freedom, then contrasts a liberal understanding of religious autonomy with that of the religious communities themselves. Three illustrative matters of concern in this area are considered: the right of religious groups to select their own religious leaders and ministers, the right of groups to assemble for worship in buildings and locations of their choosing, and the right of religious communities to determine for themselves who they will marry within the rites of their communities.
Pedestrian Fatalities: The Prosaics of Death in Herodotus
Authors: Boedeker Deborah
Published: January 2010

Many warriors die in both Herodotus' Histories and the Iliad, but their deaths are treated very differently, even when the mode of death is the same (as with Ilioneus in Il. 14.489-502 and Masistios in Hist. 9.22, both killed by a spear to the eye). Homeric epic typically highlights the pathetic and subjective experience of an individual's death, and thus the fragility of human life, whereas Herodotus' narrative is more interested in the strategy behind the killing and an external, civic-oriented evaluation of the dead. These narrative differences point to a contrast between the more monologic perspective in the Iliad, with its commitment to heroic honor, and the profound heteroglossia, or multiplicity of voices that characterizes the Histories. In Mikhail Bakhtin's terms, this contrast results from an ideological distinction between ‘poetic’ or ‘closed’ vs. ‘prosaic’ or ‘open-ended’ texts.
The Oldest ‘New’ Military Historians: Herodotos, W. G. Forrest, and the Historiography of War
Authors: Kiesling Eugenia C.
Published: January 2010

Although neither Herodotus nor George W. G. Forrest is a military historian, both offer valuable models for that discipline. This chapter surveys key moments in the historiography of war, explaining why early military historians tended to misuse Herodotus and later ones to ignore him. Three trends in late 20th-century military history — the ‘new military history’, John Keegan's battle history, and the Thucydides revival in professional military education — would have benefited from consideration of Herodotus' work. On reflection, Herodotus turns out to have been a better military historian than generally acknowledged, while Thucydides, as Forrest himself pointed out in a little-known paper, has been overrated. Both were ahead of their peers in humanizing military history, and it is no accident that so many ancient military historians were students of Forrest.
‘Prophecy in reverse’? Herodotus and the Origins of History
Authors: Harrison Thomas
Published: January 2010

This chapter does not aim to not to review (still less to seek to replace) earlier treatments of the ‘origins of history’. Rather, it suggests a different — broader — approach to such a question, and to offer another, complementary answer. In particular, the hypothesis will be advanced that the origins of history writing were (to a significant degree) theological. It argues that Herodotus' beliefs, convictions, and attitudes concerning the divine — far from consisting in a series of isolated and discrete passages — inform his Histories much more broadly. Herodotus' principles of selection, his organisation of his narrative, his presentation of causation, and finally (what we might term) his ‘aims and objectives’: all these can be seen to be underpinned by theological assumptions.
Environmental Directing Principles versus Free Trade
Authors: DE SADELEER NICOLAS
Published: January 2010

This chapter considers in great detail the potential importance of directing principles in weighing differing interests. It focuses on the conflict between environmental principles and free trade within the World Trade Organisation (WTO) and the EC. It explains that the said conflict illustrates the role that these principles can play in modifying a debate with major legal as well as societal implications. It stresses the odd twists and tangled hierarchies characteristic of post-modern law which may be encountered in disputes involving trade and the environment. It demonstrates how the polluter-pays, preventive, and precautionary principles help construct and ideal of rationality in a chaotic legal universe.
Following Standards
Authors: Brunsson Nils , Jocobsson Bengt
Published: January 2010

This chapter discusses what it means to follow a standard and why individual actors do so. A typical standard consists of a statement about the generally desired qualities of product, an activity, or a document, for example. The standardizer seeks to regulate the design of these objects or processes. Following a standard means establishing some degree of consistency between the standard and what one does. Such a consistency can be achieved in two ways: either by changing practice to fit the standard, or by changing the presentation of practice in accordance with the standard. When practice is changed, the standard is said to be implemented or practised, while the follower performs a translation.
The Pros and Cons of Standardization — An Epilogue
Authors: Brunsson Nils , Jacobsson Bengt
Published: January 2010

There is no lack of standardizers in the world, and there are plenty of people who know what is best for everyone else by invoking their expertise. Some arguments used to support standards are that they represent an effective means of information dissemination, they result in better coordination of activities, lead to simplification, and bring advantages in the form of large-scale production. Many of the objections to standards and standardization are similar to those raised against rules and regulations in general. One criticism is that standards are an unwelcome, unnecessary, and harmful intrusion into a world of free, distinct individuals and organizations who are wise enough to decide for themselves, or into the world of civil society or free markets.
1 Introduction
Authors: WINDOLF PAUL
Published: January 2010

Theories explaining the meaning of corporate networks can be divided into two categories: functionalist theories explain networks by way of the economic and social functions they fulfill, while power or control theories view networks as instruments used to monopolize markets or to exclude potential competitors from these markets. Examples of functionalist theories are transaction cost theory, information theories, and resource dependency. This book offers a comprehensive analysis of corporate networks between major firms in the United States and five countries in Europe: Germany, Great Britain, France, Switzerland, and the Netherlands. In this introductory chapter, market regulation in the United States is discussed, along with cartels in Germany, network theories, institutional and cultural contingency, dependent and independent variables of corporate networks, and networks as institutions. The opportunities created by interlocking directorates and capital networks among large firms are also considered.
6 Education and Career of Multiple-Directors
Authors: WINDOLF PAUL
Published: January 2010

This chapter looks at the career paths of multiple-directors in Germany and Great Britain: their education, their fields of study, the course of the careers, and the speed with which they climbed the career ladder. It examines whether these big linkers were ‘entrepreneurs’ at any time during their life course, or whether they started their careers right from the beginning as ‘bureaucrats’ in the large corporations. To expand the comparison, data on the professional career of managers in France and the United States are also analyzed, including their recruitment and promotion. It is shown that the central position of individual managers in the elite network can be explained by the following variables: the manager's age, the company's prestige, and the membership in lobby and interest organizations. It is not the individual manager, but the group of interrelated directors, who fulfill the entrepreneurial function within the corporate economy. The concepts of standardization and professionalization and the meaning of elite integration and homogenization are also considered.
7 Corporate Networks in Eastern Germany
Authors: WINDOLF PAUL
Published: January 2010

This chapter deals with corporate networks in East Germany. Corporate networks and the reconstitution of traditions are of particular importance for the transformation process in East Germany. The existence of networks offers a substitute to open market competition, transforming the economic conditions into a system of ‘controlled competition’. Experience shows that successful countries have not built their institutions along a neoliberal model of competition but have reconstituted their own respective traditions and integrated new business enterprises into a complex system of networks which provide effective protection to specialized companies. This sort of mutually protective networks is lacking in East Germany; instead, the East German network is dominated by corporations from West Germany. This chapter also looks at growth paradigms, political exchange in social networks, capital networks, and interlocking directorates in East Germany.
8 Privatization and Corporate Networks in Eastern Europe
Authors: WINDOLF PAUL
Published: January 2010

This chapter looks at corporate networks and privatization in Poland and Hungary to determine which type of capitalism is developing in Eastern Europe. In particular, the chapter examines whether the emerging structures more closely resemble the model of German corporatism or that of Anglo-Saxon market liberalism. First, the economic elites adopted a new ideology to legitimize the emerging unequal distribution of ownership and control in post-socialist societies. The chapter argues that the work of Hayek and Polanyi has structured a controversy between the proselytes of a liberal market order and those who have criticized the excesses of ‘wild east’ capitalism. Second, the privatization process created a new social structure characterized by an unequal distribution of ownership and control of the former state-owned enterprises. The different privatization methods are analyzed to show how they influenced the distribution of economic power and the process of class formation. Third, most East European countries have enacted a new corporate law that defines the governance structure of the privatized firms. This chapter examines the extent to which these laws restrict property rights and whether employee ownership may be a substitute for codetermination.
9 From Corporatism to Shareholder Value
Authors: WINDOLF PAUL
Published: January 2010

The market structures prevailing in Germany, France, or Japan since World War II have developed in one way or another along corporatist or statist lines. In Germany and France, financial laws have been revised and economic institutions have undergone substantial restructuring. Corporatist regulations on the labor and financial markets are being dismantled and replaced by a regime of market regulation. The social sciences have developed a string of theories to explain institutional changes that were observed in the economic system in recent decades, particularly the transition from corporatism to shareholder value capitalism. Among these are the transaction cost theories (lock-in effects) and theories on cultural evolution. These concepts are summarized in the present chapter, and a number of examples are considered to demonstrate the changes which corporate networks, the ownership patterns of large enterprises, and financial markets have undergone in Germany and France over the past decade.
From Guilds to Companies
Authors: Barron Caroline M.
Published: January 2010

This chapter charts the evolution of groups of craftsmen living in the same areas and occasionally co-operating together to achieve short-term objectives into the chartered city companies to be found at the end of the period. The roles played by religious fraternities within the crafts and the charitable activities of the companies are also examined. The ways in which the craft organisations, sometimes seen as hostile to organised civic government, were firmly incorporated within the structures of civic government by 1500, is fully discussed.
Reversal of Status
Authors: NEWBURY COLIN
Published: January 2010

From 1858, Company action in Bengal transformed, over the following half century, a maritime agency into a land power on the sub continent. The Presidencies of Calcutta, Madras, and Bombay interacted with neighbouring states in ways that resulted in the subordination of their Muslim or Hindu rulers or uneasy co operation. Such relationships were never static, as treaties defining commercial privilege, payment for troops, debt recovery, were made and broken. Assignments of territory by states re-shaped internal boundaries and demarcated territories under Company control and influence. From the mid-18th century, India was imperially partitioned by using clientage to build up a network of Hindu officials and manage land revenue and tribute, and to extend by force and by alliance Company power along the upper Ganges. The symbol of this reversal of roles was the Mughal Emperor's transfer of state finances and external relations to a governor-general of ‘British India’.
Introduction
Authors: NEWBURY COLIN
Published: January 2010

This introductory chapter examines the terminology of subordination including ‘paramountcy’, ‘protection’, ‘subsidiary alliance’, ‘indirect rule’, and ‘collaboration’, drawn mainly from British experience in India and Africa. The advantages of adopting a patron-client model derived from anthropological work on clientage in segmentary societies and patrimonial states are contrasted with older terms in imperial history. Semantic debate aside, it became clear by the 1980s that a bridge between administrative history and the dynamics of political clientage was already available in the case of Indian history to explain the transformation of the Indian Mughal empire and its successor states under pressure from Europeans. Indian historiography has moved between two images of empire — British and Indian — towards a greater synthesis with less on justification and administrative categories and more on the exercise of power at lower levels. That example can be applied elsewhere in Asia, Africa, and the Pacific.
The Meaning of Contract
Authors: Collins Hugh
Published: January 2010

This chapter attempts to clarify the common threads in contractual practices. It argues that they involve a distinctive set of meanings attributed to various types of human association. Topics discussed include association, contractualization of social life, the meaning of contractual relations, and embeddedness.
The Construction of Markets
Authors: Collins Hugh
Published: January 2010

This chapter examines the part played by legal regulation in the construction of trust and sanctions, which together are the indispensable foundations of markets. Topics discussed include markets without a state, the construction of trust, the construction of non-legal sanctions, and the significance of legal sanctions.
Dispute Settlement
Authors: Collins Hugh
Published: January 2010

This chapter considers the problem of dispute settlement as a task for regulating contracts that raises distributive issues. It argues that the dominant goal in regulating contractual disputes should be one of promoting contractual settlements of disputes. This goal diminishes the conventional importance attached to the vindication of contractual rights and access to justice in ordinary courts. Instead, the regulatory objective of settlement suggests that the law should aim to support and steer mechanisms that possess the capacity to produce or facilitate a fair resolution of disputes by agreement.
The ‘Kings’ of Lycia in the Achaemenid Period
Authors: KEEN ANTONY G.
Published: January 2010

This chapter examines the political structures in Lycia. It shows that the dynamic in Lycia in many ways parallel to that of the ‘non-polis’ communities in Greece. Lycia seems to have been confronting many of the same questions of the relationship between the city and larger regional political bodies. The Lycians certainly arrived at the same solution — the ultimate emergence in the hellenistic period of a representative confederacy — one that persisted into the Roman period, as the best means of reconciling traditional Lycian nationhood with their new identity as citizens of poleis.
The Pre-polis Polis
Authors: FORREST †W. G
Published: January 2010

This chapter considers what was going on in ancient Greece three hundred years before there was any democracy. It shows that just as you could succeed without monarchy, so you could get on without groups of basileia congregating at out-of-the-way cult places. The model of the polis did not always win the tug-of-war — the continuing role of ethnē in many parts of Greece is tribute to the continuing attractions of keeping in with your neighbours, but the pre-polis polis had had its day.
Land-use, Ethnicity, and Federalism in West Crete
Authors: SEKUNDA N. V.
Published: January 2010

Two groups of evidence survive concerning federalism in west Crete: first, a number of references to the ‘Polichnitai’; second is evidence concerning a League of the Oreioi, the inhabitants of the White Mountains in south-west Crete. This chapter attempts to identify the centripetal and centrifugal forces leading to the establishment and collapse of these alliance systems.
The Introduction of the Excise
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter discusses the introduction and implementation of the excise tax. The excise duties were formally announced to the Long Parliament on 16 May 1643. An ordinance was subsequently passed on 22 July stipulating that duties were to be renewed on a monthly basis. Treasurers in London had to provide warrants for the allocation of excise revenue, while parliament had auditors to keep track of and retain control of the flow of funds.
Pilfering, Customs Fees, and Remuneration
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter begins with a discussion of pilfering and perquisites, which were part of an alternative economy that was vast and absorbed much of the working poor. This common economy created prospects for linking hatred of the state and radical politics, but it also offered the opportunities poor man or woman agency as he or she sought chances to line their pockets. The chapter then discusses custom fees and remuneration.
Smuggling
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter discusses the problem of smuggling. The authorities recognized that punishment and the use of arms needed to be accompanied by a more constructive policy. Not only were new and old domestic Industries protected, but they also had to be as good as foreign equivalents to help stem smuggling. Excise stipulations were an important tool in nurturing quality improvements within Britain's backward industries.
The Limits of Taxation and the Politics of Representation
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter begins with a discussion of the protests unleashed by the decision of the Earl of Bute, and the Chancellor of the Exchequer, Sir Francis Dashwood, to seek revenue via an Act designed to raise the excise duty payable upon cider and perry. It then discusses tax and the Colonies, focusing on the issue of ‘no taxation without representation’.
Introduction
Authors: Storey Ian C.
Published: January 2010

This chapter describes Eupolis as a forgotten master of Old Comedy, ranked with Kratinos and Aristophanes. It attempts to discover Eupolis' profile and compares him with other well-known poets. It investigates his reputation as a poet of Old Comedy and evaluates some of his recovered literary fragments. It also provides a translation of the collection of those fragments.