bluuebunny/crossref_metadata_2025 huggingface dataset:
Rationality of Contractual Behaviour
Authors: Collins Hugh
Published: January 2010

Contractual behaviour appears to be rife with actions that appear to run contrary to rational self-interested action. This chapter begins by explaining how this kind of behaviour can be interpreted as rational action. Following an analysis of the rationality of contractual behavior in terms of competition between communication systems, the chapter examines the significance of the phenomenon that participants in markets appear to attach little weight to formal contractual relations. The chapter concludes by considering the implications for legal regulation of the complicated picture of competing rational standards of contractual behaviour.
Government by Contract
Authors: Collins Hugh
Published: January 2010

This chapter considers the regulation of contracts used by governments for the delivery of public services. Although these contracts provoke many of the distributive issues already considered, such as relations of domination, unfairness, and poor quality, they also present particular difficulties for adequate self-regulation by parties. The chapter addresses the question of what kind of legal regulation can best assist governments in the use of markets to deliver services to the public.
Introduction: Alternatives to the Democratic Polis
Authors: BROCK ROGER , HODKINSON STEPHEN
Published: January 2010

This introductory chapter begins with a brief background of the organization of the Leeds–Manchester Greek History Research Seminar, which sought ‘to give the variety and plurality their due by examining alternatives (theoretical and actual) to the polis and/or to democracy in archaic, classical, and early hellenistic Greece’. In short, the goal was to provide a counterbalance to the then current democracy celebrations, to redirect attention to the range of political systems and communities beyond that of the democratic polis, and particularly Athenian dēmokratia, and to encourage a more rounded analysis of Greek political life. The chapter then discusses how Athens was unrepresentative of ancient Greek poleis, the range of constitutions found in classical Greece, and various kinds of communities in Greek antiquity of which the polis was only one form, and amphiktyonies and confederacies.
Theognis: An Alternative to Democracy
Authors: FOX ROBIN LANE
Published: January 2010

Many Greek alternatives to democracy have been discussed, from confederacy to monarchy, but none has considered trampling it underfoot. Trampling, however, is the recommended treatment for the ‘empty-headed dēmos’ in verses ascribed to the poet Theognis (847-50). Trample on them, poke them with a sharp goad, burden them with a heavy yoke, and in the Theognidean view, you will never find a ‘dēemos’ so fond of its master. This chapter addresses two questions: was the author of this poetry voicing an ‘alternative to democracy’ and, if not to democracy, to what? Secondly, did his poetry live on and contribute to such an alternative anywhere after his lifetime? The second question is one of reception, but there is a time and place in which there is evidence to make it worth asking.
Exchange and Stasis in Archaic Mytilene
Authors: SPENCER NIGEL
Published: January 2010

The papers presented in the Leeds–Manchester seminar series, which constitute the chapters of this volume, are an indication of the increasing debate in recent years concerning the plurality of constitutional forms in ancient Greece. Scholars have signalled a growing awareness that in certain regions developed social and political systems which might have fundamentally differed from one another, with the discussions trying to assess what these differences might have meant in terms of an area's settlement and society. This chapter also focuses upon this theme of variation in state-forms, but does so on a scale different from many other studies, comparing not simply states from different regions, but also neighbouring ones within the same region. In the same way that few people now would assume that a polis (or indeed an ethnos) in one region of Greece was necessarily like another elsewhere, it is proposed that no such assumption should be made simply because the geographical scale is smaller and one is dealing with independent polities which shared borders, in this case within a single island, Lesbos in the north-east Aegean. Using archaeology as well as historical sources, the chapter suggests that one polis in the island (Mytilene) actually seems to have differed fundamentally from the others, and goes on to suggest why this might have been the case.
Oligarchs in Athens
Authors: RHODES P. J.
Published: January 2010

This chapter looks for oligarchs, and more generally for opponents of democracy, in Athens; to see who they were, what opinions and objectives they held, and why. It begins with men better described as ur-oligarchs, those who were active before the concepts of democracy and oligarchy were formulated in the first half of the 5th century, but who were on the side of the upper class and were opposed to developments which would be detrimental to their power and position.
Life on the Waterfront
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter focuses on how the Customs House along with the Excise Office, the Bank of England, and the Stock Exchange Building lay at the heart of the state's fiscal success. The London Custom House was designed by Christopher Wren and built of brick and stone. It had two stout Tuscan wings designed by Thomas Ripley, while large ionic columns supported its upper storey and overwhelmed its surroundings. Beneath each side was the belly, consisting of large warehouses for the reception of goods, and entrances that led through into the narrow, damp, malodorous streets on the north side. The whole edifice extended 189 feet along the riverfront.
Drink and Food
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter shows that examining excise's practices and activities not only reveals what the pillar of public credit was actually built of, but also exposes the crucial role of the excise had in rectifying and sculpting the space of production for taxed goods.
Measurement, Instrumentation, and Alcohol Standards
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter argues that the economic implications and impact of the hydrometer can only be understood by examining the work that went into making it robust and trusted. The focus is on the impact of gauging by this instrument on the constitution and production of spirits. The story of the development and adoption of the hydrometer by the Board of Excise reveals that instruments designed for economic purposes are not unproblematic and need to be considered along with traditional factors such as the profundity of political debates, government policies, the actions of interest groups, and the pattern of social relations when accounting for social, economic, or technological change.
Revenue, Metrology, and Casks
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter examines issues relating to metrology and the state. A uniform system of taxation meant accounting for foreign and domestic customary variations in weights, measures, and containers. As a result, the state's revenue activities gradually impinged upon the diversity of British and colonial metrological practices and containers/packaging, as it tried to recast such things to aid its own activities. Measurement was not the primary issue, rather, it was the fact that it was a state-defined version — increasingly alienated from the object being gauged — being implemented over local versions that really rattled dispersed communities. The state, after all, was hardly the most trusted agglomeration of institutions. Everyday folk may have been suspicious of state approaches to quantification, but they themselves lived by their own version, dominated by a local notion of a ‘just measure’.
Revenue, ‘Old Corruption’, and Manufacturing Interests
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter shows that huge administrative expansion and the costs of the Napoleonic Wars had pumped the fiscal-military state to the point of bursting. The public was angry and no longer willing to shoulder the burden through taxation. This was coupled with the perception that much of the revenue was being squandered and that they were powerless to rectify the situation because they wielded no power. People from diverse backgrounds began expressing their concerns, which had far-reaching political, economic, and institutional implications.
Dormant Capabilities, Complex Organizations, and Renewal
Authors: Baden-Fuller Charles , Volberda Henk W.
Published: January 2010

This chapter uses case studies carried out over significant time periods to explore the process of competence building capable of supporting major change in large, complex, diversified organizations. Analysis of multiple units, multiple levels, and historic patterns within four firms showed that change and renewal in large corporations is possible and that managers often have considerable — though sometimes unrecognized — latitude for choice. This chapter introduces the concept of dormant capabilities that are available to business managers to regenerate old competences, to build new ones, and to overcome existing core rigidities. Temporally dormant capabilities are the result of organizational competences that were created previously but were rejected or ‘retired’ by the organization at some time in the past. The concept of organizationally separated capabilities that can be ‘imported’ (at least in part) from other units in a large firm is also considered. This chapter explains the concepts of core competences, core rigidities, and organizational change in complex organizations.
A Pragmatic Analysis of the Role of Management Systems in Organizational Learning
Authors: Lorino Philippe
Published: January 2010

This chapter presents a pragmatic analysis of the role of management and control systems in organizational learning based on the case of a French computer company. The analysis starts with two premises: the capacity of an organization to learn is somehow related to the learning capacity of the individuals who belong to it, and any organization produces many kinds of formal representations of its own organizational action (action processes, objectives, results, and resources) in the form of explicit and supposedly shared mental models. Those formal representations include management systems for financial and management accounting, budgeting and planning, performance scorecards, investment and project management, task definition and so on. In particular, this chapter illustrates the interaction between formal management systems and individual mental schemes, viewed from a management perspective of interpreting organizational action as value-creating action. A pragmatic, interpretive, and instrumental theory of organizational learning is described and Charles S. Peirce's theory of triadic interpretation is used to represent the collective learning process as a constant interaction between formal representations and individual interpretation processes.
Eupolis, Poet of Old Comedy
Authors: Storey Ian C.
Published: January 2010

Eupolis (fl. 429–411 BC) was one of the best-attested of Aristophanes' rivals, and a major figure in the history of Athenian comedy. No complete work by this lost master has survived, but of his fourteen plays we have 500 fragments. These include 120 lines of his best-known comedy, Demoi (The Demes), which were discovered and published in 1911. Even in fragmentary form, Eupolis' plays shed interesting light on the whole range of issues — political, poetic, and dramatic — that make Aristophanes so perennially fascinating. This book provides a new annotated translation of all the remaining fragments, as well as a separate chapter on each lost play. It discusses Eupolis' career, redates the plays, examines how Eupolis was known in the ancient world, explores his relationship with Aristophanes (as both rival and collaborator), and delineates the distinct nature of the comedy that this prizewinning poet created.
The Comedies of Eupolis
Authors: Storey Ian C.
Published: January 2010

This chapter discusses several comedies created by Eupolis and provides necessary details about those comedies. It begins by examining the dates when Eupolis accomplished some of his literary works. It then discusses that a chorus of Goats is part of the familiar tradition of animal choruses in Old Comedy. It examines the structure and content of this chorus. It evaluates the possible similarities between Aiges and Clouds. It also discusses what Eupolis' plays are all about and tries to give dates when these literary works were created. It discusses that a fragment of Eupolis' work may be about an anti-war comedy. It gives a discussion of the Autolykos — another comedy of Eupolis — and its two versions. It argues that the word Baptai, found only in reference to the chorus and title of the play, was created by Eupolis for this play. It also provides discussions on what the play is all about and the date it was created. It examines several literary fragments and concludes that it belongs to Demoi. It provides a tentative reconstruction of Demoi. It notes that Heilotes was probably Eupolis' first comedy but presents an argument that this comedy may not be his.
8 Miscellaneous Contemporaries
Authors: Holford-Strevens Leofranc
Published: January 2010

This chapter reviews other persons who appear in Gellius's work. The first is Peregrinus Proteus, a Cynic philosopher who railed against Herodes and whom others regarded as a charlatan; Gellius offers no hint of either fact, but presents him as a preacher of sound morality. There are two anonymous poets (one of whom may be Apuleius) and two named: the learned Julius Paulus and the author of light verse Annianus. Gellius is shown a Vergilian manuscript, allegedly autograph, by the grammarian Fidus Optatus, and finds fault with another, Aelius Melissus; the bad-tempered Domitius Insanus rebukes Favorinus for asking him about a Latin word. In addition, Gellius indulges in some name-dropping of public persons so as to bask in reflected glory.
9 Scholarly Reading
Authors: Holford-Strevens Leofranc
Published: January 2010

Gellius is acquainted with Greek scholarship, particularly on Homer, but pays it far less attention than he does Latin. In particular, he makes considerable use of Marcus Terentius Varro and Nigidius Figulus, who both flourished in the mid-first century BC; he is rather less impressed with later grammarians, more than once rejecting the opinions of Verrius Flaccus, with the marked exception of Marcus Valerius Probus, whose written works he knew and whose opinions were reported to him by his elders; Gellius never disagrees with him (as he sometimes does even with Varro), though he may deny the authenticity of a report. He also makes use of Pliny the Elder (not without sometimes unfair disparagement) and Suetonius.
11 Roman Orators and Poets
Authors: Holford-Strevens Leofranc
Published: January 2010

This chapter considers Gellius as a critic of Latin literature. He reviews the ascription of comedies to Plautus, but gives more attention to comparative reading: Gaius Gracchus is found wanting beside Cicero and Cato the Elder; Roman imitations of Greek are judged rather as exercises in translation than as creative literature. However, not only Cato and Cicero but also Vergil are vigorously defended against criticism; but unlike rhetoricians, Gellius is less interested in Cicero's courtroom tactics than in his mastery of language, and, unlike Fronto, he takes little notice of the letters. Vergil apart, he ignores Imperial literature, but finds much to praise in Republican orators and poets, not least love-poets, though his critical vocabulary (when he offers reasons) is restricted. He insists that archaisms should be admitted only if comprehensible.
12 Greek: Language, Poets, Orators
Authors: Holford-Strevens Leofranc
Published: January 2010

Gellius freely admits Greek words, phrases, and quotations to his text, but generally in relation to Latin. He has much to say about translation from Greek into Latin, and the limits to its possibility; he also sometimes employs unacknowledged calques of Greek words. A survey of his reading demonstrates the expected knowledge of Homer, and direct acquaintance with Aristophanes' Frogs, Menander's Plocion, Aeschines' In Timarchum, and Demosthenes' De corona; he is also the first author to quote any of the Anacreontea. Knowledge of other poems and speeches may be second-hand. The chapter compares Gellius's Greek reading and interests with those of Fronto, Marcus Aurelius, and Apuleius.
13 History
Authors: Holford-Strevens Leofranc
Published: January 2010

This chapter finds Antonine Latin culture uninterested in serious history, preferring piquant or improving anecdotes. Gellius follows suit, but has a love of facts; an interest in historiography is harder to substantiate. He knows certain passages of Herodotus, who was in fashion, and once quotes Thucydides; amongst Roman historians the most frequently cited is Claudius Quadrigarius, followed by Cato the Elder and Sallust. The basis of valuation is style; in accordance with Antonine taste, neither Livy nor any subsequent historian is ever mentioned. Gellius takes an interest in chronology, presenting a list of Graeco-Roman synchronisms down to the Second Punic War. Writing apolitically about politics, he admires great men for their words and deeds, but has no concern for their principles.
15 Other Sciences: Rhetoric, Law, Medicine
Authors: Holford-Strevens Leofranc
Published: January 2010

Gellius takes an interest in real and potential controversiae, and in the fallacies exploited by rhetors; he cites Cicero's mature works on rhetoric, but neither his nor any other author's handbook. Despite being a judge, he is less concerned with the law of his own day than with that of the past; he names only one living jurist (Sextus Caecilius Africanus, not the most eminent) and most frequently cites the long-dead Masurius Sabinus. Writing at a time of heightened attention to health, Gellius offers some medical precepts, has read books on medicine, and takes an interest in physiology; several chapters have a sick-visit for their setting.
Freedom of Expression as a Human Right
Authors: ALEXANDER LARRY
Published: January 2010

This chapter discusses views regarding freedom of expression. It determines the scope of freedom of expression, and discusses freedom of expression on Track Two. It explains that the Track Two analysis is a violation of the First Amendment. The chapter also discusses the regulator's purpose in regulating conduct, including within freedom of expression all conduct that is restricted for the purpose of affecting the messages that audiences receive. It investigates the ways in which the messages in content regulations directly cause harm. It provides a brief discussion of Track Three: the government speech and subsidies of approved expression. It presents a footnote on private regulation of speech and freedom of expression, and examines the philosophical foundations of freedom of expression that are liberalism, epistemic abstention, and rule-consequentialism. The chapter adds a topic regarding the governmental fallibility, democracy, and the right to speak the truth.
Human Rights, the Rule of Law, and American Constitutionalism
Authors: WEST ROBIN
Published: January 2010

This chapter presents a different understanding of the rule of law, one which is also well within the traditions of liberalism and American constitutionalism, but which is considerably less hostile to the broad understanding of positive rights at the heart of international human rights discourse. It examines the role of law in Thomas Hobbes's Leviathan. It discusses that Paine argued for a vision of law and constitutionalism that would enhance, rather than limit, both the democratic underpinning and the reach of political states. It concludes that neither liberal theory itself, nor the idea of American constitutionalism, at least as articulated by one of the fathers of liberalism and one of the most important American patriots, lend support to the view of the rule of law and of rights that constitute it, which has alienated the American community from the expansive conception of rights at the heart of public international law.
The HIPE Theory of Function
Authors: BARSALOU LAWRENCE , SLOMAN STEVEN , CHAIGNEAU SERGIO
Published: January 2010

This chapter proposes that function is a complex relational concept that draws on many conceptual domains for its content. According to the HIPE theory, these domains include History, Intentional perspective, the Physical environment, and Event sequences. The function of a particular entity does not have a single sense. Instead many different senses can be constructed that depend on the conceptualizer's current goal, setting, and personal history. On a given occasion, relevant knowledge is assembled across conceptual domains to construct a relevant sense, represented as a mental simulation and structured by a causal chain.
Is it in or is it on? The Influence of Geometry and Location Control on Children’s Descriptions of Containment and Support Events
Authors: RICHARDS LYNN , COVENTRY KENNY
Published: January 2010

Spatial language comprehension and production is affected not only by where objects are positioned in space but also by what those objects are and how they are interacting with each other over time. This chapter examines children's production of spatial expressions to describe scenes involving containment and support events which manipulate both the relative positions of objects in those scenes and the dynamics in the scenes. The latter manipulation was a test of whether children's production spatial expressions is influenced by what has been termed location control. The chapter shows that even the youngest age group of children (from 3–4) modified the spatial expressions they produced in response to the presence or absence of location control in the scenes described.
Attention in Spatial Language: Bridging Geometry and Function
Authors: TERRY REGIER , LAURA CARLSON , BRYCE CORRIGAN
Published: January 2010

This chapter argues that spatial language is determined in part by attentional deployment over objects. This attentional deployment may be driven by both geometry and habitual object function. Thus, geometric and functional influences in spatial language, while separate in origin, may act through the same psychological mechanism: attention. This argument is made concrete through a computational model of projective spatial terms — the Attentional Vector Sum (AVS) model. The chapter begins by reviewing the success of this model in accounting for some purely geometric aspects of spatial language, in terms of attention. It then presents a natural extension to the model, one that allows an influence of object function on attentional deployment, and thus on predicted spatial language use. It shows that this extended version of the model can account for data that indicate an influence of object function on spatial language. These results suggest that attention may serve as a unifying level of description in spatial language, bridging geometry and function.
Infants’ Attention to and Use of Functional Properties in Categorization
Authors: MADOLE KELLY , OAKES LISA
Published: January 2010

This chapter explores the development of infants' attention to object function and how function is used by infants in categorizing objects. It proposes a developmental progression wherein infants attend first to the structural properties of objects, then to both structural and functional properties, and finally to the correlation between structural and functional properties. Data is presented showing that infants are capable of categorizing objects based on structural properties prior to categorizing based on functional properties, and that infants treat functional properties of objects as more central to category membership than structural properties. Finally, the chapter reviews findings that infants' attention to structure-function correlations is initially ‘atheoretical’ and only later conforms to the kinds correlations found in the real world. The ages at which any changes are observed will depend on how categorization is assessed and the kinds of objects that infants are categorizing.
Developmental Constraints on the Representation of Spatial Relation Information: Evidence from Preverbal Infants
Authors: QUINN PAUL C.
Published: January 2010

This chapter reviews evidence that infants can form category representations for spatial relations such as Above, Below, and Between. It discusses two developmental changes. First, category representations for different spatial relations may emerge at different points during development. Second, category representations for spatial relations may initially be limited to the objects depicting relations, but later become more abstract so that various object can be presented in the same relation and the equivalence of the relation is maintained despite this variation. The results are discussed in terms of what versus where processing systems, and the role of language in binding together object and spatial relation information.
3 Scrupulousness without Scruples: a Critique of Lon Fuller and his Defenders
Authors: KRAMER MATTHEW H.
Published: January 2010

Although this chapter endorses Lon Fuller’s eight principles of legality as an illuminating exposition of the nature of the rule of law, it sustainedly contests his claims that those principles constitute the inner morality of law. It shows that Fuller ran together distinct types of autonomy, and he overlooked the existence of weighty prudential reasons for tyrannical regimes to adhere to rule-of-law requirements with quite a high degree of regularity.
Ethnosyntax:Introduction
Authors: ENFIELD N. J.
Published: January 2010

This chapter identifies the range of ethnolinguistic phenomena treated in various contributions to this book, and discusses a number of methodological and theoretical issues of importance to research on the grammar–culture interface. The chapter is organized as follows. Section 1.2 discusses a range of phenomena which come under the rubric of ‘ethnosyntax’. Section 1.3 discusses fundamental questions of theory and methodology that arise when one attempts to demonstrate the links between grammar and culture. Section 1.4 provides an overview of the subsequent chapters, while Section 1.5 concludes.
Using He and She for Inanimate Referents in English: Questions of Grammar and World View
Authors: PAWLEY ANDREW
Published: January 2010

This chapter compares two studies of grammatical animation in varieties spoken in Australia, and two regions in the US are compared to address the following questions: What are the functions of animation? Do gender assignments to inanimate entities follow semantic principles? How long have these patterns of pronoun use been widespread in English? It is argued that many of the data in the American study can be reinterpreted to fit the semantic principles in the Tasmanian data. However, there remains some material that cannot be reconciled with Tasmanian data, chiefly some patterns of usage by American women.
Comedy and the Rise of Rome
Authors: Leigh Matthew
Published: January 2010

This book looks at Roman comedy in the light of history and Roman history in the light of comedy. Plautus and Terence base their dramas on the New Comedy of 4th- and 3rd-century BC Greece. Yet many of the themes with which they engage are peculiarly alive in the Rome of the Hannibalic war, and the conquest of Macedon. This study takes issues as diverse as the legal status of the prisoner of war, the ethics of ambush, fatherhood and command, and the clash of maritime and agrarian economies, and examines responses to them both on the comic stage and in the world at large. This is a substantially new departure in ways of thinking about Roman comedy and one that opens it up to a far wider public than has previously been the case.
Introduction
Authors: LEIGH MATTHEW
Published: January 2010

This chapter presents the aim of this study which is to examine the comedies of Plautus and Terence in the light of Roman history and Roman history in the light of Plautus and Terence. It tries to keep comedy and history in constant dialogue with each other. It discusses that Plautus and Terence wrote for the theatrical games. This fact took a central role in rapidly expanding the festive calendar of the mid-Republican Roman state. The chapter enumerates several problems that can be encountered in this kind of study: construction of history, topicality, and discourse.
Beckett’s Bill and the Loss of the Initiative
Authors: SIMPSON A. W. BRAIN
Published: January 2010

This chapter gives an account of the drafting within the British Foreign Office of an international bill of human rights, and the role of the legal Adviser, Eric Beckett, in establishing a British policy over the negotiations This was to press for a binding human rights covenant, rather than a non-binding declaration It traces the origin of controversy over a possible right of individual petition, and the unease of the British Colonial Office over the whole enterprise. It shows how the British negotiators lost the initiative, with the consequence that the United Nations gave priority to the drafting of the Universal Declaration, which was adopted in December 1948. There is a detailed account of the negotiations, and an examination of the legal status of the Declaration, and of its critics, notably Lauterpacht, and extollers.
From the Brussels Treaty to the Council of Europe
Authors: SIMPSON A. W. BRAIN
Published: January 2010

This chapter gives an account of the Hague Congress of May 1948, and its demand for a European Charter of Human Rights, which led to the drafting of such a charter. It explains British Labour Party and Foreign Office hostility to the European federalist movement, and gives an account of the convoluted and at times acrimonious negotiations which eventually led to the establishment of the Council of Europe, and to the idea that this institution should be especially concerned with the protection of human rights. It concludes with an account of the origins of the uneasy relationship between the U.K. government and the movement for European unity, which led to British failure to participate in the Schuman plan of 1950.
A Convention on the Right Lines
Authors: SIMPSON A. W. BRAIN
Published: January 2010

This chapter describes the proposals for the protection of human rights put forward by the European Movement, and the hostile reaction to them from the UK government. It describes the establishment of the Juridical Committee of the Consultative Assembly of the Council of Europe, and the role played by the English lawyer David Maxwell–Fyfe, and the French resistance hero and former Gaullist minister Pierre Henri Teitgen. It explains the hostility of the British Foreign Office to proposals for a court of human rights, and a right of individual petition to it. It describes the mechanisms whereby the UK government sought to establish mechanisms whereby the negotiations could be brought under governmental control.
Emergencies and Derogations
Authors: SIMPSON A. W. BRIAN
Published: January 2010

This chapter deals more fully with the colonial emergencies and insurrections which accompanied the winding down of the colonial empire, of the mechanisms of repression which were used to combat them, and of the derogations to the European Convention which were submitted in response to them. It deals in particular detail with the exile of Kabaka of Buganda, and with the EOKA emergency in Cyprus: the legal measures adopted in response to it, the exile of Archbishop Makarios, and the use of the death penalty there, which triggered the first inter state proceedings, brought by Greece against the UK, under the Convention.
Normative Development in the International Legal System
Authors: Chinkin Christine
Published: January 2010

This chapter analyzes the structure of traditional international law and the conceptual bases for a distinction between legally binding and non-binding norms. It considers the debate of whether ‘hard’ and ‘soft’ law are distinct categories or end points on a continuum. It reviews various non-binding instruments and their uses, developing a criteria for identifying ‘soft’ law among the multitude of international texts adopted by international actors.
Norway: Security of Supply in Liberalized Energy Sectors: A New Role for Regulation
Authors: Hammer Ulf
Published: January 2010

This chapter examines how Norway has handled security of supply in its liberalized energy markets. It focuses on the hydropower and gas sectors. It notes that these sectors have followed parallel developments as regards market liberalization. It adds that both sectors have been liberalized pursuant to the EC Directives on the internal energy market. It explains that these sectors have also been subject to national reforms which go further than the derivatives. It clarifies that the security of supply does not depend on one, but several, markets. It notes that an overall perspective of the different markets is required. It distinguishes between commodity markets, resource markets, and transportation markets.
Singapore: National Energy Security and Regional Cooperation
Authors: Lin-Heng Lye , Youngho Chang
Published: January 2010

This chapter begins by introducing the topic of energy security. It then provides an overview of Singapore's energy needs and its sources of energy. It gives an historical overview of Singapore's oil trade and gas markets. It examines Singapore's energy security policies, including the restructuring of the Singapore power industry. It investigates energy security in the Association of Southeast Asian Nations (ASEAN). It highlights that Singapore is highly dependent on energy because energy is used as an intermediate input for its production processes, and that it is also a final commodity for the market. It adds that all the energy Singapore uses is imported, with oil as the dominant import, but with an increasing share in natural gas.
Grammaticalization and Parametric Variation
Authors: BATLLORI MONTSERRAT , HERNANZ MARIA-LLUÏSA , PICALLO CARME , ROCA FRANCESC
Published: January 2010

This chapter begins with a brief discussion of the term grammaticalization. It explains the theoretical framework of this book. The chapter then discusses functional categories and syntactic change and the minimalist programme. An overview of the subsequent chapters is presented.
Clitic Placement, VP-Ellipsis, and Scrambling in Romance
Authors: MARTINS ANA MARIA
Published: January 2010

This chapter accounts for variation and change with respect to clitic placement, VP-ellipsis, and scrambling in non-V1 finite clauses in Romance. The chapter is organized in five sections. Section 11.2 shows that in Romance there is a correlation which holds both synchronically and diachronically between the availability of VP-ellipsis and enclisis in finite clauses. Section 11.3 elucidates the connection between clitic placement and Old Romance IP-scrambling. Section 11.4 presents a concise description of the different patterns of clitic placement in Old and Modern Romance and proposes a unified account of synchronic and diachronic variation. Section 11.5 summarizes and concludes the chapter.
Split wh-Constructions in Classical and Modern Greek: A Diachronic Perspective
Authors: MATHIEU ERIC , SITARIDOU IOANNA
Published: January 2010

This chapter focuses on split wh-constructions and provides an answer to the following two questions: (i) why split wh-constructions were widespread in Classical Greek, but are now impossible in Modern Greek; (ii) why splitting of tinos and pianu, both meaning ‘whose’, are exceptions to the rule against wh-splitting in Modern Greek. Section 14.2 introduces some basic facts about hyperbaton in Classical and Modern Greek and outlines the diachronic puzzle. Section 14.3 presents an account of the licensing mechanism behind DP splitting. Section 14.4 provides a diachronic account of the loss of split wh-constructions in Modern Greek. Section 14.5 discusses the question as to why splitting of tinos and pianu is possible, while Section 14.6 concludes.
Prototypicality Judgements as Inverted Perception
Authors: BOERSMA PAUL
Published: January 2010

This chapter addresses the result that ‘ideal’ forms found in experiments on prototypicality judgments often become peripheral within the corpus distribution of their grammatical category. It shows that a bidirectional model of phonetic perception and production solves the paradox. In that model, corpus frequency shows the production process, whereas prototypicality judgments naturally obtain from a simpler process — the inverted perception process.
Prosodic Influence on Syntactic Judgements
Authors: KITAGAWA YOSHIHISA , DEAN FODOR JANET , VOGEL RALF , SCHLESEWSKY MATTHIAS
Published: January 2010

Modest experimental findings support the general moral that this chapter is tempted to draw on the basis of informal judgments of written and spoken sentences. That is, acceptability judgments on written sentences are not purely syntax-driven; they are not free of prosody even though no prosody exists in the stimulus. This has a useful result for the conduct of syntactic research: more widespread use must be made of spoken sentences for achieving syntactic well-formedness judgments. The ideal way of presentation gives both written and auditory versions of the sentence, to reduce perceptual memory errors while making sure that the sentence is being judged on the basis of the prosody intended.
The Role of Internationalized Courts and Tribunals in the Fight Against International Criminality
Authors: Cassese Antonio
Published: January 2010

This chapter compares international criminal tribunals and courts with the so-called mixed or internationalized tribunals and courts, and examines the reasons underlying the establishment of these particular mixed or internationalized courts. It also considers the main practical and legal problems that these courts are facing, focusing on the experiences of Kosovo, East Timor, Cambodia, and Sierra Leone, along with areas where new internationalized courts could or might be established in the near future. A general outlook for international criminal justice is also presented. The chapter argues that there is no single response to the multifarious aspects of international criminality, and that mixed or internationalized criminal courts and tribunals may prove to be one of the most effective societal and institutional devices currently available to international lawmakers.
The Second Generation UN-Based Tribunals: A Diversity of Mixed Jurisdictions
Authors: Shraga Daphna
Published: January 2010

The establishment of the ad hoc international tribunals for former Yugoslavia and Rwanda in 1993 and 1994 triggered a proliferation of international criminal jurisdictions. A precursor to the International Criminal Court — an international, truly universal criminal jurisdiction — they have become the model upon which the second generation, country-specific ‘mixed tribunals’ were conceived. In the decade after their establishment, a number of countries emerging from civil wars of extreme brutality in which genocide, crimes against humanity, or war crimes were committed on a massive scale, called upon the United Nations (UN) to establish similar jurisdictions in their own territories. This chapter examines the diversity of mixed jurisdictions from the vantage point of the UN, focusing on the Special Court for Sierra Leone and the Extraordinary Chambers for Cambodia. It concludes with a comparative analysis of the mixed composition panels of judges in the UN-administered territories of Kosovo and East Timor, and in the State Court of Bosnia and Herzegovina.
The Management Committee for the Special Court for Sierra Leone
Authors: Mochochoko Phakiso , Tortora Giorgia
Published: January 2010

Compared to the International Tribunals for former Yugoslavia and for Rwanda, the creation of a Management Committee for the Special Court in Sierra Leone — comprising representatives of the United Nations (UN) Secretary General and the government of Sierra Leone, as well as important political and financial sponsors of the Court — is a major innovation. It is the first attempt to establish and manage a tribunal with the direct involvement, not only of the UN, but also of the state on whose territory the crimes were committed, and the donor community. This chapter provides an overview of the process that led to the establishment of the Special Court's Management Committee, the role it plays, and its future challenges.
Internationalized Courts and Substantive Criminal Law
Authors: Swart Bert
Published: January 2010

This chapter discusses the substantive criminal law applicable in the internationalized courts created in East Timor and Sierra Leone, as well as the internationalized court envisaged for Cambodia, with a brief mention of Kosovo. The purpose of internationalized courts is examined, along with the jurisdiction and the applicable substantive law issues in these courts. Crimes under general international law, other international crimes, crimes under domestic law, and general principles of criminal law are also considered.
Conclusion
Authors: Eidinow Esther
Published: January 2010

This chapter provides a comparison of the findings of this book for the relationship between risk and oracles and curses. It argues that these activities show some of the ways in which ancient Greek men and women constructed and responded to perceptions of risk and uncertainty in their everyday lives. The concerns of oracle questions show the areas of life perceived as particularly likely to be sources of risk: marriage, travel, work and disease. The curse material, in turn, demonstrates how in moments of particular crisis, other people were perceived as sources of risk. In addition, these texts and the related ritual practices, reveal perceptions of the distribution of responsibility, causes of misfortune and allocation of blame, shedding light on relationships between mortals, and between mortals and the supernatural.
5. Isthmian 6: The Engendering of Ajax
Authors: Burnett Anne Pippin
Published: January 2010

About three years after Pytheas' success, his younger brother, Phylakidas, went to Poseidon's games at the Isthmos and also won the pankration. The ode Isthmian 6 appropriately takes Peleus' younger brother, Telamon, as its Aiakid hero, while its mythic scene is once more a wedding, its topic once more the making of a son stronger than his father, its predominant Aiakid virtue once more an understanding of the laws of hospitality (xenia). This time, however, the exemplar of this virtue is a young man who observes the duties of xenia actively, not one who practises self-restraint, and his reward is not a bride given by Zeus but instead a son, provided by a visiting Herakles. In this wedding song, Pindar makes the hero into an honorary Aiakid whose link to Aigina is now as close as that of kinship.
6. Isthmian 5: Achilles and Telephos
Authors: Burnett Anne Pippin
Published: January 2010

Isthmian 5, the last ode in the series commissioned by Lampon and written by Pindar, again celebrates the younger son, Phylakidas, probably in 478 BC. Coached by his older brother, Phylakidas has taken another pankratic victory at the Isthmos, but he has evidently not gained the Olympic prize that was publicly prayed for in Isthmian 6. Here, Pindar had two special problems: he had to praise a victor who has so far missed his heart's desire, and he had to glorify the lesser victory of a youth at a time when men of his city had recently triumphed (or died) in a bloody encounter with invading Persians. The ode's momentary levelling of all things mortal means that news of a youthful victory in the pankration may now follow immediately, and without apology, upon the bloodshed at Salamis. Against Telephos, the aspect of the visionary Achilles undergoes a radical change.
9. Nemean 3: The Education of Achilles
Authors: Burnett Anne Pippin
Published: January 2010

Nemean 3 is a song made by Pindar for Aristokleidas, a young man who competed in pankration. Its peculiarities are both internal and external, for the chorus, now singing and dancing, begins by pretending that it has not yet begun. This is therefore another artful representation of a pre-performance moment, like that found at the opening of Isthmian 8. As it passes from potential into actuality, the ode is pervaded with images which suggest a parallel passage from youth to maturity. In spite of sung indications of happy advancement, Nemean 3 is routinely described as a gloomy warning sent by a presumptuous poet to a man who is too old, too sick, or too untalented to continue as an athlete. And yet it is not this ultimate contest, but rather a short but perfect education of Achilles that Pindar has placed in the central triad of his ode.
10. Nemean 6: Athletes as Heroes
Authors: Burnett Anne Pippin
Published: January 2010

This chapter analyses Nemean 6, an ode by Pindar which is unlike any of the other Aiginetan songs because it is performed to honour, not just one victor or even a pair, but five generations of Bassids who have secured a total of twenty-five victories in four major contests. Pindar's approach is seemingly self-contradictory. First he discovers a philosophical stance that recognises no difference between victory and defeat, then uses the traditional epinician design to describe athletes of the past as if they were mythic heroes whose stature could not embarrass an ordinary mortal. These extremes would seem to be irreconcilable, but a principle of alternation is proposed as a bridge between them. The ode produces a pair of ordinary mortals, the Bassid athletes Kallias and Kleontidas, and invest them with the same lyric immediacy that is usually given to heroes of legend and cult.
2 The Refugees
Authors: Kontogiorgi Elisabeth
Published: January 2010

This chapter begins with a discussion of the root cause of the Greek refugee problem. It then discusses the persecutions of Greeks in Eastern Thrace and Asia Minor; resettlement of Greek refugees in Macedonia, 1913-1915; the Asia Minor catastrophe; displacement of Ottoman Greek citizens from their ancestral lands; and the Convention of Lausanne on 30 January 1923.
10 The Impact of Refugee Resettlement on Agriculture and Animal Husbandry
Authors: Kontogiorgi Elisabeth
Published: January 2010

This chapter begins with a discussion of the economic impact of refugee resettlement on agriculture. It then discusses agricultural yields and the attempt to revise the distribution of holdings, the agrarian policy of the Venizelos government, and the impact of agricultural settlement on animal husbandry.
5 Plato and the Persian Wars
Authors: Rowe Christopher
Published: January 2010

This chapter shows that Plato's brilliant parody of a funeral speech, Menexenus wholly undercuts the Athenians' formulaic idealization of their glorious past and the rhetorical conventions they had invented in order to consolidate this ideological procedure. The Atlantis of the Timaeus and Critias is more than an allegorical polis cryptically ‘standing for’ Athenian expansionist naval power: it plays a more ironic role in Plato's use of the Persian Wars tradition; the Atlantis myth examines ‘what kind of victory Athens would have needed to win in order to deserve the encomium Menexenus denies it’. Crucially, the chapter offers a powerful corrective to the dominant traditions seen elsewhere in (primarily) Athenian sources that the Persian Wars were seen by all as a cause only for celebration.