bluuebunny/crossref_metadata_2025 huggingface dataset:
Reality and Appearance in Justification Defences
Authors: TADROS VICTOR
Published: January 2010

In the area of justification defences, there are three positions that are commonly defended. Some people defend the view that a person is justified in what they did only if the facts warrant their conduct whether or not they were aware of those facts. Others defend the view that a person may be justified if the evidence would lead a reasonable person to do what the person did even if things turn out badly. Dual theorists think that the facts must warrant the defendant in doing what he did and the defendant must have been aware of, and motivated by, the relevant facts. In this chapter the second view is argued for.
6 South Africa: From Constitutional Promise to Social Transformation
Authors: Heinz Klug
Published: January 2010

South Africa's emergence as a constitutional democracy after four decades of apartheid and nearly three centuries of colonialism is rightly heralded as a miracle. With 243 sections and seven schedules, the constitution of South Africa also represents an attempt to constitutionalise all the hopes, fears, and conflicts of its democratic transition. This process is epitomised by the two-stage constitution-making process in which the conflicting parties first negotiated an ‘interim’ constitution and then, after democratic elections, empowered the new Parliament to sit as a constitutional assembly in order to produce a ‘final’ constitution. This chapter describes South Africa's constitution, the union and apartheid constitutions, democratic transition, constitutional principles, the 1993 interim constitution, regionalism and cooperative governance, rule of law and the Bill of Rights, amending procedures, Constitutional Court, sources of constitutional interpretation, constitution as statute, modes of interpretation, duty to develop the common law and customary law, internal directives for interpretation, problems of interpretation, certification and the problem of future constitutional amendments, and legal legacies and popular experience of the law.
Protected Interests
Authors: van Dam Cees
Published: January 2010

This chapter deals with protected interests in Europe, with emphasis on personality rights, particularly the protection of the right to privacy. Personality rights also include the right to family life, and the present chapter considers what role this right plays in cases which have become known as wrongful conception (wrongful birth) and prenatal harm (wrongful life). It also analyses the protection of property, and answers the question as to whether property interests represent only the value of a damaged object or also the value of using it. Finally, the protection of economic interests, which are less protected than either personal interests or property interests, is discussed. Particularly in England, it is feared that a general rule to compensate pure economic loss would lead to a cascade of claims and would make tort law unsustainable. In France, however, tort law has survived such a general rule.
Strict Liability
Authors: van Dam Cees
Published: January 2010

This chapter analyses the concept of strict liability in Europe. It shows that the difference between fault liability and strict liability is a gradual rather than a principle one. When finding rules, courts and legislators in all jurisdictions use different elements from both categories to achieve the best mix. However, what is considered to be the best mix differs throughout the legal systems. France prefers it with many elements of strict liability whereas England prefers it with a huge amount of negligence elements. Three variations on strict liability are considered: liability with an extra debtor, liability for a defective object, and liability with a limited defence.
Causation
Authors: van Dam Cees
Published: January 2010

This chapter explores causation as it relates to tort law in Europe and the European Union, with emphasis on whether a causal connection can be established between the tortfeasor’s conduct or the cause for which he is strictly liable on the one hand and the damage on the other. Particular problems arise if it is hard to establish who caused the damage or if there is more than one possible legal cause for the damage. In matters of causation of harm to health, it is pivotal and often decisive who has the burden of proof. A general difference in causation matters is that England and France approach this requirement in a rather practical way, whereas Germany has developed detailed theories in order to get to grips with the concept of causation.
Damage and Damages
Authors: van Dam Cees
Published: January 2010

This chapter discusses damage and damages, including contributory negligence, as they relate to tort law in Europe and the European Union. The rights to compensation of the victim for personal injury differ substantially from system to system, particularly in the area of non-pecuniary loss. Differences are also apparent if someone gets injured or dies as the consequence of an accident, in which case his relatives will also suffer harm: pecuniary harm for the loss of maintenance and non-pecuniary harm for the loss of a beloved one (damages for bereavement or for grief and sorrow). The chapter also analyses the rules applying to the victim’s contributory negligence. Whereas England and Germany are reluctant in attributing contributory negligence to children, the approach in France is remarkably less advantageous for children.
Liability for Movable Objects
Authors: van Dam Cees
Published: January 2010

Movable objects often play an important role when someone causes personal injury or property damage to someone else. For this category, France even holds a general strict liability rule. This chapter looks at liability for damage caused by animals, products, motor vehicles, and dangerous substances. Whereas liability for the first two categories shows a number of similarities in the various legal systems in Europe and the European Union, liability in the two latter categories deviates strongly. In England, for example, liability for motor vehicles is still based on fault, whereas France holds a system of almost absolute liability. The efforts of the European Commission to bring more harmony in liability for road traffic accidents and for damage caused to the environment have almost entirely failed. Even in the most harmonised area, that of liability for defective products, important differences remain throughout the legal systems.
Liability for Immovable Objects
Authors: van Dam Cees
Published: January 2010

This chapter examines liability for damage caused on premises, grounds, and roads. It discusses damage caused by, for example, falling roof-tiles and collapsing buildings, unsafe swimming pools and stadiums, and accidents caused by badly maintained roads. Stricter liability rules in this category apply to collapsing buildings, and in France the general strict liability rule for things also applies to immovable objects. In other circumstances liability has to be based on rules of fault liability, for example on safety duties in Germany or on the Occupier's Liability Acts in England. The national rules on negligence and liability for immovable objects in Europe are discussed, paying specific attention to liability of the highway authorities for road accidents in England, France, and Germany.
Liability for Other Persons
Authors: van Dam Cees
Published: January 2010

In addition to liability for damage caused by movable and immovable objects, someone can also be liable for damage caused by another person with whom he has a special relationship. The most obvious examples are the responsibility of parents for children and that of employers for employees. Liability of the employer for damage caused by the employee differs between the legal systems in Europe; England and France provide for strict liability while Germany provides for a liability for rebuttable negligence. The case law in Germany, however, has limited the employer's defences and has also provided ways around his liability which make the differences with English and French law negligible. Liability for children shows more differences, with France providing for the parents’ strict liability, Germany for a liability for rebuttable negligence, and England for a traditional fault liability regime. This chapter also considers liability for mentally disabled persons.
Pronouns
Authors: Bhat Darbhe Narayana Shankara
Published: January 2010

On the basis of a cross-linguistic study of about 350 languages, this book brings to light several fascinating characteristics of pronouns. It shows that the word ‘pronoun’ represents two kinds of words, called ‘personal pronouns’ and ‘proforms’, with distinct characteristics that derive from their having distinct functions. Personal pronouns denote speech roles (the speaker and the addressee) and have to function as shifters. Because of this, they need to be dissociated from their referents; they do not take any modifiers and complements whose function is to identify referents; their use involves ambiguity between different sets of speech roles, whose disambiguation needs special markers (logophors) for denoting non-coreference rather than coreference; and they take number markers for denoting conjunction rather than plurality, and gender markers for denoting social distinctions rather than the identity of referents. Proforms, on the other hand, have to function as general terms that belong to different categories like nouns, adjectives, adverbs or verbs, and therefore, they differ from personal pronouns on all these points. They also differ in having two constituent elements, namely a general term and a pronominal element. The book also points out that the notion of indefiniteness that is associated with proforms is quite different from the one that is associated with noun phrases. It shows how this differentiation is helpful in understanding the relation between indefinite and interrogative proforms.
Relation with the Referent
Authors: BHAT D.N.S.
Published: January 2010

This chapter discusses a conflict in the relationship between personal pronouns and their referents. In order to denote speech roles efficiently and to function as shifters, they need to be dissociated from their referents. However, the fact that they do have referents in any given use makes this dissociation less than perfect. The chapter points out how this conflict gives rise to different kinds of compromises in the association of personal pronouns with definiteness, gender, number, modifiers, and complements in different languages.
Constituent Elements of Proforms
Authors: BHAT D.N.S.
Published: January 2010

Languages differ in the kind of distinctions they show in either of the two elements that constitute proforms. In the case of the pronominal element that indicates their function, languages may show no distinction whatsoever, or may show several distinctions. In the case of the general term that denotes the scope of proforms also, there is variation among languages, which, however, is correlatable to a certain extent, with the part of speech distinctions that occur in them. There is also some overlap between pronominal elements and general terms in some languages.
The Cronus Complex Psychoanalytic Myths of the Future for Boys and Girls
Authors: Bowlby Rachel
Published: January 2010

This chapter examines how the Freudian theory of sexual differentiation is grounded in a reading of classical culture and myth. It is based, on the one hand, on a gendering of the linguistic constructions of the Latin and Greek languages, and on the other, on an attempt to use the metaphor of archaeology to understand the development of the self with reference to Greek myth and history. The classical past thus becomes for psychoanalysis a means of historicising and legitimating its clinical findings. This chapter looks at the ambiguities in Freud's theory of castration and the story of the god Cronus who ate his own children.
A Woman’s History of Warfare
Authors: O’Gorman Ellen
Published: January 2010

The feminist project with history has often been glossed as ‘writing women back into history’, in which case women's role in warfare would seem to be long overdue for revisionist treatment. But the problem is that military history appears to stand forth as the quintessentially patriarchal discourse. Feminist historiography attempts to counteract the effects of this discourse by configuring the project of writing women back into history as a transformation not only of women but also of history. This chapter questions the failure of feminism to engage in the project of narrating a history of warfare. It argues that the figure of Helen of Troy in ancient accounts of war offers a potential model for the feminist historian to rethink history's accounts of causality and accountability. It also compares different versions of ‘the Helen myth’ to redirect attention to previously unrecognised thematics.
‘Beyond glorious Ocean’: Feminism, Myth, and America
Authors: Staley Gregory
Published: January 2010

This chapter explores the role of myth in the construction of the nation and looks in particular at the experience of America. It argues that, for the founding fathers, the New World was no place for myth. However, Hélène Cixous's influential essay, ‘Laugh of the Medusa’, takes as its dominant metaphor a notion particularly relevant to America: that of woman as unknown land waiting to be discovered and explored. This trope of discovering new worlds is central to Cixous's account of woman's quest because America offered a model for how those on antiquity's margins could critique the centre, a model already followed by Sir Thomas More in his Utopia. Here, More associated the very idea of utopia with the new world. Cixous catalogues her mythic readings in a section of The Newly Born Woman titled ‘Sorties’, in which her mythic antiland has an ideology that sounds much like that of America.
Reclaiming the Muse
Authors: Murray Penny
Published: January 2010

The image of the Muse as loved object who inspires the male artist, whilst she herself remains silent, is deeply engrained in contemporary culture, despite the best efforts of feminist critics to expose the implications of such imagery: man creates, woman inspires; man is the maker, woman the vehicle of male fantasy, an object created by the male imagination, incapable of any kind of agency herself. In short, this image of the Muse denies woman's active participation in artistic creation and silences female creativity. This chapter examines the significance of the Muses' gender and the various ways their femininity has contributed to their reception, focusing on 18th-century London society when the Muse was a favourite theme in art. In Richard Samuel's 18th-century painting The Nine Living Muses of Great Britain, a model for reclaiming the image of the Muse as an emblem of female capability is identified. Contemporary women's poetry continues to rework classical myth.
Choral Prayer in Greek Tragedy: Euphemia or Aischrologia?
Authors: Stehle Eva
Published: January 2010

This chapter examines the relationship of the chorus in tragedy to ritual choreia. It argues that ritual modes of approaching the gods can be divided into two types: euphemic and aischrologic. The former, addressed to the gods in prayer or praise, is highly constrained, avoiding reference to anything which might offend the deity and infect the purity of the address; the latter is characterised by license and release from normal restraint, as in the case of comedy. The tragic chorus evokes euphemic ritual, but modifies, and sometimes even violates its conventions (for example, by staging a failed or perverted prayer), thus creating a distance between the two. But tragedy's portrayal of failed or perverted ritual as symptomatic of human disorder can also be seen as part of its license to speak the normally unspeakable, which connects it with aischrologia.
Catharsis: The Power of Music in Aristotle’sPolitics
Authors: Ford Andrew
Published: January 2010

This chapter focuses on book 8 of Aristotle's Politics and its discussion of mousike in education or paideia. It argues that in this context we should understand the term in the strict sense of music without words. Aristotle is concerned not so much with poetry and its place in society, but with the natural powers of music — of tunes, harmoniai, and rhythms — and how they affect ordinary people. According to this argument music is a leisure activity providing relaxation from labour and freedom from care, not a means of communicating deeper truths and values. Similarly, catharsis should be understood as a harmless release of the emotions (however that worked) rather than as an intellectual refinement which educated audiences in the proper use of the emotions.
Law as Last Resort
Authors: Hawkins Keith
Published: January 2010

This is a book about the life of the legal system. Its object is to illustrate a way of thinking about decision-making using the example of prosecution cases in a regulatory agency. The study focuses on the processes of the law, rather than occupational health and safety regulation per se, for the way in which prosecution is used in the enforcement of regulation reflects processes generally observable in the legal system. The book addresses the creation and shaping of legal cases and their attrition, and the processes involved in prosecuting. It develops and applies a theory of decision-making, connecting broad features in the environment of a legal bureaucracy with the details of decisions made in individual cases. What are the conditions under which legal officials elect the public and consequential course of prosecution? Using a naturalistic approach, a detailed, multilevel analysis is made of the ways in which regulatory officials respond to a range of events arising from activities in the workplace that have resulted in death or injury, and the ways in which these officials handle occupational risks. Such matters are not often the stuff of criminal trial. The book shows that the moral status of violations is central to the decision to prosecute, set in the context of the moral and political ambivalence within which regulatory agencies work. It argues that this ambivalence leads to a particular level of prosecution and determines the kinds of case that are selected for prosecution. The book is therefore a study in the use of discretion by legal actors.
The Symbolic Frame: The Social Construction of Blame
Authors: Hawkins Keith
Published: January 2010

The desire to blame is central both to the ultimate decision to prosecute and to the original decision to create a potential prosecution case. Prosecution is generally reserved for ‘bad’ cases; what makes a case ‘bad’ and what conditions can mitigate or even eliminate blame are analysed in this chapter. Blameworthiness is established by law enforcers by reference to a number of familiar conditions: deliberation, evil motive, negligence, guilty knowledge, responsibility and denial, persistence in rule breaking, the character of the offender, and the character and vulnerability of the victim. Also discussed are dilemmas in enforcement in choosing between the undesired outcome, the risk of such an outcome, or the degree to which the law has been breached. Finally, a powerful justification for the decision to prosecute is the accident, which seems more culpable by virtue of what might have been: the ‘speculative tragedy’. Blame is a powerful sentiment in legal decision-making.
The Legal Frame: Can a Case be Made?
Authors: Hawkins Keith
Published: January 2010

Legal rules, and formalities of the legal process, assume particular significance when regulatory inspectors consider a case's legal strengths and weaknesses. Legal framing transforms a matter into something legally recognizable, where a matter defined in organizational terms is redefined as a legal case. The legal frame embodies its own distinctive and overpowering conception of reality. This chapter analyses how the legal frame is applied, how rules are chosen, and the implications of the form of legal rules. Inspectors search for cases that are easier to prosecute, can be prepared quickly, and are unlikely to be defended. Safety cases are prosecuted more frequently than cases involving threats to health, although many more deaths arise from occupational ill-health than accidents. Concern with the demands of proof, rather than policy, mean that a ‘good case’ in regulatory terms is by no means a ‘good case’ in legal terms.
Introduction
Authors: ADAMS J. N. , SWAIN SIMON
Published: January 2010

Language contact intruded into virtually every aspect of life in ancient societies, including high literature, law, medicine, magic, religion, provincial administration, army, and trade. This book focuses on sociolinguistic issues, such as the nature and motivation of code-switching. The languages which come up in this volume are numerous. Apart from Greek and Latin, there are Lycian, Phrygian, Gothic, Hebrew, Turkish, Old Persian, Middle Persian, Parthian, Arabic, Gaulish, Etrusean, Venetic, Middle English. Sumerian Eme-sal, Demotic and Coptic in Egypt, and Aramaic and its dialects, including Palmyrene and Syriac. This book examines the particular problems posed by the assessment of written texts as specimens of bilingual performance. Another important theme recurring in this volume is the relationship between language and cultural/political systems.
Approaching Bilingualism in Corpus Languages
Authors: LANGSLOW D. R.
Published: January 2010

This chapter examines a few of the more important themes, issues, and parameters in recent and current research on bilingualism. The focus is on corpus languages rather than ancient or classical languages because examples are drawn from, and apply to, medieval, early modern, and prehistoric as well as ancient languages, oriental as well as western, and substandard as well as standard — classical — varieties. The term ‘corpus language’ is preferred over ‘dead language’ because the latter need not arise through language death, and language death often yields not a dead language but no language at all. This chapter looks at bilingualism and diglossia, as well as bilingualism and biculturalism, language choice, interference, and bilingualism and language change.
Bilingualism at Delos
Authors: ADAMS J. N.
Published: January 2010

In the second century BC, a substantial number of Italian and Greek traders of comparable status came together on the island of Delos, setting up a potential competition between the two public languages on a roughly equal footing. This chapter deals with questions of linguistic identity, that is, the perception which the negotiatores had of themselves and the part played by bilingualism and language choice in the establishment of identities. Other issues, more technical or linguistic, are also considered, such as the distinction between interference, code-switching, and accommodation. Code-switching is a speaker’s switch from time to time into another’s language as an act of solidarity or politeness. There are inscriptions in which the adoption by a Greek of the Latin pattern of filiation may be seen as a form of accommodation.
The Last Phase of Direct Cultivation
Authors: Stone David
Published: January 2010

Although two major innovations were introduced at Wisbech Barton in the 1410s, namely an increase in the acreage under wheat and the expansion of dairy farming, the bishop of Ely's desire to cultivate this demesne directly had waned by the 1420s. This chapter analyses in detail for the first time the build up to the process of leasing and explores the explanations for it. While the decision was partly a simple matter of economics, for the profitability of agriculture was reduced at this time, underlying it was a subtle but nonetheless significant deterioration in the managerial efficiency of reeves that widened the gap between actual and potential financial returns. In particular, cropping strategies became less sophisticated, labour resources were misallocated, and livestock managed insensitively. It is argued that the poor performance of farm officials at this time played a significant part in bringing direct cultivation at Wisbech to an end.
Group Rights
Authors: GRIFFIN JAMES
Published: January 2010

Political theorists sometimes speak of different generations of rights. One such generation, the rights of our time, of the last twenty years or so, are ‘solidarity’ rights, including most prominently group rights. A people, a nation, a race, an ethnic or cultural or linguistic or religious group are now often said to have rights. Group rights are supposed not to be reducible to the individual rights of their members. They are supposed to be rights that groups have as groups. The appearance of group rights is part of a widespread modern movement to make the discourse of rights do most of the important work in ethics, which it was neither designed to do nor should now be made to do. This chapter also discusses the concept of group goods, human rights, Joseph Raz's views on group rights, the case for group rights based on considerations of justice, and exclusion and reduction of group rights.
Communal Groups and Cultural Conflict
Authors: PETERS BENHARD
Published: January 2010

In certain ways, Joseph Raz's distinct version of a liberal moral and political theory seems to be particularly congenial to political conceptions of multiculturalism, understood as political support for a variety of cultural communities. For Raz, notions like personal well-being, freedom or autonomy, leading a successful life are the central elements of normative political theory. Freedom and the chances of leading a successful life are crucially dependent on certain cultural and social conditions. Freedom requires the availability of meaningful options, and such options are provided by group membership, the participation in group cultures or in collective ways of life, and the immersion in ‘social forms’. Another important condition is the fact of pluralism, and more specifically of value pluralism. This chapter discusses the goals or claims of communal groups and cultural conflicts, conflicts arising from cultural differences, special support for cultural groups, and identity politics.
The Philosophy of Hierocles
Authors: Schibli Hermann S.
Published: January 2010

In the Proem to the Commentary on the Golden Verses of the Pythagoreans, Hierocles defines philosophy as ‘a purification and perfection of human life: a purification from our irrational, material nature and the mortal form of the body, a perfection by the recovery of our proper happiness, leading to a likeness with the divine’. For our purification and perfection we require both virtue and truth. These basic ideas are then incorporated in Hierocles’ division of philosophy, along Aristotelian lines, into the practical and the contemplative. Later in the Commentary he subdivides practical philosophy into the more specific categories of the civic and the telestic. The civic branch of practical philosophy calls upon the exercise of the moral virtues, whereas the telestic category has to with the rituals of purification applied to the luminous body of the soul.
Religion, Society, and Culture in Colombia
Authors: Londoño-Vega Patricia
Published: January 2010

This book provides the first detailed scholarly study of culture and sociability in Colombia during the period c.1850 and 1930. It gives a vivid picture of some of the factors that reduced social distances in the province of Antioquia during this period of relative harmony and prosperity. It examines hundreds of groups and voluntary associations that flourished at this time and that brought a growing number of Antioqueños of different social backgrounds together around religious practices and societies, the exercising of charity, a concern for education, and the pursuit of cultural progress. It describes the crucial role played by religion and the Catholic Church, which underwent considerable growth after the turbulent period of mid-19th century liberal reforms until the end of the conservative era in 1930, and traces the progress of parishes, devotional associations, religious communities, private and public religiosity, and numerous philanthropic societies, all of which brought about the bonds between the classes. The book examines achievements in education and the emergence of a thriving gamut of literary groups, public libraries, social clubs, and other associations created to promote public instruction, pedagogy, manners, temperance, ‘cultivated’ music, and moral improvement. The description of social and cultural dynamism, set against the background of growing religiosity, challenges the seldom-discussed assumption that religion slowed down social and cultural modernisation. Primary evidence, drawn from extensive research in proceedings and reports by groups, associations, periodical publications, statistics, diaries and memoirs, travellers’ accounts, books of etiquette, genre literature and other contemporary publications, as well as visual images, particularly photographs, document important topics that have in the past attracted little attention from scholars.
Introduction
Authors: Londoño-Vega Patricia
Published: January 2010

This introductory chapter illustrates for Antioquia to what extent men and women of varying social groups intermingled in their daily routines, as well as the ties, frictions, prejudices, hierarchies, and distinctions that stood between them. It evaluates the factors that narrowed or widened social distances, and the customs, ideas, values, beliefs, and attitudes that mediated between the rich and the poor. In order to explore these topics, the book draws a picture of the entities, groups, and voluntary associations that flourished in those years, congregating a growing number of Antioqueños of all conditions for devotional, philanthropic, educational, and cultural purposes. It also investigates the activities developed by voluntary associations and religious communities using a great variety of sources.
German Intonation in Autosegmental-Metrical Phonology
Authors: Grice Martine , Baumann Stefan , Benzmüller Ralf
Published: January 2010

This chapter proposes a consensus system for the annotation of Standard German intonation within the framework of autosegmental-metrical phonology: GToBI. First, it provides a survey of existing studies of German intonation, including traditional auditory approaches as well as more recent phonological studies and instrumental analyses. It then gives a detailed exposition of GToBI, showing how the intonation contours considered to be distinctive in the surveyed works can be captured, and compares GToBI to three earlier autosegmental-metrical approaches to German intonation. Finally, it discusses a number of theoretical issues, such as whether pitch accents need to be represented with leading tones or not, how many levels of phrasing are required, and the status and distribution of phrase accents.
Strategies for Intonation Labelling across Varieties of Italian
Authors: Grice Martine , D’Imperio Mariapaola , Savino Michelina , Avesani Cinzia
Published: January 2010

This chapter examines the intonation of a number of varieties of Italian (those spoken in Naples, Bari, Palermo, and Florence) with the goal of establishing a common framework for annotating the prosodic phenomena that have been studied so far. In particular, it describes the pitch accent inventory for each variety, showing a number of common traits, such as the use of a specific nuclear pitch accent type used to mark contrastive narrow focus as opposed to broad focus in declaratives. It also discusses the evidence for two levels of phrasing and provides a non-positional definition for the nuclear pitch accent, which is marked with a special flag since it can be followed by further pitch accents and phrase accents. Finally, it discusses the issues of downstep and the partial realization, or truncation, of phrase-final pitch contours.
Building upon the Minimal Structure
Authors: HARRIS J. W.
Published: January 2010

This chapter examines modern property institutions, considering common law systems in general and English law in particular, as examples. It suggests that the basic features of the property superstructures of modern systems will differ in terminology and detail rather than in kind. Intellectual property, features of property institutions resulting from the separation of wealth from use, and non-ownership proprietary interests are discussed. It is argued that an item comes within the scope of a property institution if either it is the subject to specific trespassory protection or if it is separately transmissible as part of a person's private wealth.
Ownership as an Organizing Idea
Authors: HARRIS J. W.
Published: January 2010

This chapter shows how ownership fits into the working of property institutions. Lawyers share the background assumptions about ownership interests which are prevalent in their societies and they build upon them when they construct other features of property institutions. The chapter demonstrates that trespassory rules evolve or are enacted in parallel with these assumptions, so that conceptions of ownership interests are not reducible to the trespassory rules which protect them. Juristic construction makes bricks out of the straw of shared ownership assumptions. This process is examined in the special common law contexts of estates in land the division between law and equity, since learning in these fields has produced much of the fuel for ownership-scepticism. The plurality and mobility of ownership interests are emphasized, and the sense in which ownership conceptions may be ‘contested’ is examined.
Alleged Dominating Principles
Authors: HARRIS J. W.
Published: January 2010

This chapter considers two other candidates for dominating principles: equality of resources and social convention. The advocate of equality of resources asks us to lift the totality of resources over which a property institution reigns out of its historical setting and to regard it as a cake sliceable into arithmetically equal divisions. The advocate of social convention, in contrast, recommends us to defer the property conventions by which people actually live. Either principle would yield moral property rights within the sixth of the seven categories of property rights.
7 The Argument Extended: Industrial Restructuring in France
Authors: HANCKÉ BOB
Published: January 2010

This chapter extends the argument by comparing different companies in the same sector, and maps their adjustment paths, paying particular attention to the shifts in ownership, industrial and work reorganization, and product market strategies. Industries examined are: automotive, utilities, household appliances, steel, food, and computers.
8 Conclusion: Large Firms, Institutions, and Industrial Renewal
Authors: HANCKÉ BOB
Published: January 2010

This chapter attempts to use the perspective developed on the French political economy to make sense of other advanced capitalist nations (especially Germany), in practically all respects a type of capitalism that is very different from the French one which made up the core of the book. It then goes on to draw out conclusions of a more theoretical nature on the relationship between actors and institutions in processes of industrial readjustment.
Markets, Morals, and the Law
Authors: Coleman Jules L.
Published: January 2010

This book shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science. The discussion is divided into four sections. The first offers a new version of legal positivism and an original theory of legal rights. The second critically evaluates the economic approach to law, while the third considers the relationship of justice to liability for unintentional harms and to the practice of settling disputes rather than fully litigating them. Finally, the book explores formal social choice in democratic theory, the relationship between market behaviour and voting, and the view that morality itself, like law, is a solution of the problem of market failure.
The foundations of constitutional economics
Authors: Coleman Jules L.
Published: January 2010

This chapter discusses the differences between James Buchanan's ‘constitutional economics’ and traditional efficiency analysis. Because a Pareto improvement makes no one worse off and at least one person better off, one could argue that everyone would consent to making Pareto improvements. Thus, Paretianism can be defended on consensual grounds. In an effort to avoid the pitfalls of the utilitarian defense of Paretianism, lawyer economists have turned to this sort of consent-based defense of efficiency. Buchanan stands this argument on its head. What makes a state of affairs efficient, he claims, is that everyone agrees or consents to it, S is efficient because it is consented to, rather than the other way round. Both lines of argument seek to provide a foundational connection between efficiency and autonomy. In traditional Paretianism, the link is justificatory; in Buchanan's work it is analytic.
Introduction
Authors: Coleman Jules L.
Published: January 2010

This introductory chapter begins with a brief discussion of liberalism. It then describes the central themes explored in the book and the book's methodology. An overview of the three parts of the book is presented.
The rational agreement
Authors: Coleman Jules L.
Published: January 2010

This chapter pursues a top-down approach to contract law. Markets involve large numbers of discrete transactions. Some of these occur among individuals who come together only for the purpose of exchange. Other transactions are embedded in long-term relationships, both contractual and other. It is suggested that a discrete transaction be viewed as an attempt to forge a contract, as a scheme of ‘local cooperation for mutual advantage’.
Religious Freedom in the Liberal State
Authors: Ahdar Rex , Leigh Ian
Published: January 2010

There is a growing recognition of the challenge that religions pose for pluralist, multicultural democracies. ‘Fundamentalist’ beliefs and practices test the limits of religious freedom, and seem to contradict the very basis on which liberal states protect religious liberty. Religions, moreover, are often associated with intolerance and persecution, yet insist upon religious liberty for themselves. This book inverts these stereotypes by presenting a sustained critique of how religious liberty ought to be understood in liberal legal systems and develops an alternative, Christian response. The prevailing liberal approach to religious freedom is compared with historic and contemporary understandings developed by Christian theorists, and an alternative principled basis for religious liberty, from a distinctively Christian position, is developed. The variety of stances the liberal state may take towards organised religions are analysed, and the nature of the guarantees for religious freedom in domestic and international law is explained. The difficult question of precisely when and how far religious liberty should be limited is also considered. This book also deals with concrete contemporary controversies involving the recognition and protection of religious beliefs and conduct, looking at issues such as family and parenting, medical treatment, education, employment, religious group autonomy, and freedom of expression and protest. Extensive reference is made throughout the analysis to UK law and the European Convention on Human Rights, as well as the laws of other jurisdictions such as the US, Canada, South Africa, Australia, and New Zealand.
Christian Perspectives
Authors: AHDAR REX , LEIGH IAN
Published: January 2010

This chapter examines various theological, specifically Christian, justifications for religious freedom. The contemporary acceptance of religious freedom owes comparatively little to Christian theology. A series of overlapping convictions comprise the contemporary Christian case for freedom of religion, and these can be summarised in the form of eight principles: the principle of voluntariness; the Christological injunction; the persecution injunction; the fallibility principle; the eschatological or providential confidence; the ecumenical or universal principle; the principle of the unrestricted conscience; and the dual authority principle which maintains that the state’s delegated authority stops short of directing citizens’ souls.
Liberal Perspectives
Authors: AHDAR REX , LEIGH IAN
Published: January 2010

This chapter examines how liberalism approaches questions of religion and the implications of those approaches for religious liberty. The nature and contours of liberalism are discussed based on the premise that liberalism is the principal philosophical foundation for law in modern liberal democracy. Contemporary notions of religious freedom then are ones that have been indubitably shaped by liberal attitudes to religion, faith communities, and the call of conscience. The discussion then shifts to the building blocks of liberal theory — personal autonomy, equality, a public-private divide, neutrality, and John Rawls’ concept of ‘public reason’ — and their implications in this context. Although widely (and intuitively) appealed to in political discourse, each of those concepts is problematic and their application to religious liberty is equally contestable. Liberal concepts of neutrality plainly underlie two of the justifications for religious liberty discussed — those of advancing civil peace and (in relation to autonomy) the equal treatment of different religions.
Legal Protection of Religious Freedom
Authors: AHDAR REX , LEIGH IAN
Published: January 2010

In liberal democracies, one is unlikely to hear a principled case for religious intolerance, disabilities, and persecution. However, state and societal practices in many contemporary Islamic states are a reminder that religious liberty in the most fundamental sense cannot be taken for granted as the birthright of modern societies — even those which have entered international legal commitments affirming freedom of religion. This chapter first considers the broad nature of religious freedom and briefly outlines the various constitutional laws that confer protection for religious liberty in different nations such as the United States, the United Kingdom, and Canada, as well as the guarantees in international law for religious rights. The chapter concludes by exploring the difficult question of how ‘religion’ is defined based on three approaches: the subjective-functional approach, the substantive-content approach, and the Strasbourg approach.
Medical Treatment
Authors: AHDAR REX , LEIGH IAN
Published: January 2010

This chapter examines some of the many difficult issues arising in the medico-legal area insofar as they have a religious dimension or implicate the religious liberty of the persons seeking or refusing treatment. The law concerning medical treatment is discussed and the position of adults, adolescents or teenagers, and infants is examined. The chapter also looks at the underlying assumptions represented in the disputes between the law and certain religionists who spurn conventional medical treatment in favour of exclusive reliance upon prayer or other spiritual cures. A recent trilogy of cases involving the tragic deaths of children whose parents rejected conventional medicine for, in one case, alternative medicine, and, in the other two decisions, religious healing, is presented. The second example concerns the rights of parents to circumcise their male children, a traditional religious practice that is increasingly disfavoured by the medical profession. The discussion concludes with some observations on the extent to which a liberal state accommodates the wishes of believers when they seek to determine their own or their children’s health.
Herodotos (and others) on Pelasgians: Some Perceptions of Ethnicity
Authors: Sourvinou-Inwood Christiane
Published: January 2010

This chapter explores the Greek construction of the Pelasgians. It focuses on the perceptions of the Pelasgians, not their historical reality, if any. In the past some scholars tried to reconstruct the Pelasgians' history, sometimes separating the ‘real Pelasgians’ from the theoretical Pelasgians. But such attempts are methodologically flawed, for what we have about the Pelasgians is myths; and even when material reflecting historical reality did go into the making of myths, it was radically reshaped and restructured, again and again, to serve the changing and multiform needs of the mythological discourses. If we knew whether the Pelasgians had existed, and what their history had been, we could have compared those realities to the Greek representations, and seen how the two related. But as we do not, speculating about possibilities simply produces circular arguments and invites by default the free deployment of modern culturally determined assumptions and judgements — instead of an attempt to block them as much as possible, and confine them to the irreducible minimum that should be our methodological ideal. For the only Pelasgians accessible to us are those in the mythological discourse; the Pelasgians are the constructions of the Pelasgians in the Greek (and eventually some Italic) imaginaire over many centuries. These constructions are closely connected with the definition of Greek ethnic identity. The chapter illustrates this connection by quoting a modern view on Herodotus' representation of the Athenians.
‘Tradition’ in Herodotus: The Foundation of Cyrene
Authors: Malkin Irad
Published: January 2010

This chapter examines Herodotus' treatment of Cyrene. It considers the following questions: How much trust can we place in what Herodotus tells us about Cyrene's foundation? How useful is the very concept of ‘tradition’ when applied to his reports? It argues that major historical outline becomes part of the collective memory, applicable to various genres of social and religious behavior. Its framework-elements are not flexible and fluid. It is not useful to stuff too much in the porous basket of ‘tradition’, which is not an undifferentiated concept. Nor is it helpful to regard tradition as completely fluctuating with changing political circumstances, such as a ‘pro- or anti-Battiad mood’ in Cyrene at any given time. ‘The last person’ speaking to Herodotus was probably constrained by a collective memory that depends on constants outside the frame of oral narrative. An approach which sees no difference between narrative patterns of telling history and the framework constants around which and within which such patterns evolve throws out the proverbial baby with the bath water. It remains to judge, in each individual case, what is to be included in these framework constants and what chance these had of surviving. A more nuanced approach to the concept of tradition in Herodotus is presented.
(Hdt. 6. 108. 1)
Authors: Matthaiou Angelos P.
Published: January 2010

This chapter re-examines the location of the Herakleion of Marathon on the basis of the find spot of two inscriptions related to the sanctuary, i.e., the regulations for the administration of the Herakleia contests (IG I3 3) and a dedication to Herakles (IG I3 1015bis). The nature of the monument bearing the epigrams of the Persian Wars (IG I3 503/4) and the original location of its erection are also discussed. The topography of the battle of Marathon is examined on the basis of the above mentioned epigraphical evidence.