bluuebunny/crossref_metadata_2025 huggingface dataset:
Science Fictions and Cyber Myths: or, Do Cyborgs Dream of Dolly the Sheep?
Authors: Liveley Genevieve
Published: January 2010

For most science writers and theorists, the history of the cyborg begins in 1960 with a neologism coined by the research scientist Manfred Clynes and the clinical psychiatrist Nathan Kline to refer to a technologically enhanced man or ‘cybernetic organism’ — a fusion of organism, machine, and code — capable of surviving and working in hostile alien environments. This chapter examines what constitutes feminist science by dissecting the work of Donna Haraway and the modern myth of the ‘cyborg’. It shows how the utopia of feminist science fiction is modelled upon ancient myths of hybridity, but at the same time seeks to distance itself from that ancient legacy. In her ground-breaking and now ‘classic’ analysis of feminism in the post-modern Western world, ‘A Cyborg Manifesto’, Haraway proposes some provocative ways of rethinking human subjectivity, invoking the term ‘cyborg’ as a metaphor for the late 20th-century subject.
‘This tart fable’: Daphne and Apollo in Modern Women’s Poetry
Authors: Fowler Rowena
Published: January 2010

Contemporary women poets offer a serious, engaged, and formally satisfying encounter with classical myth. This chapter explores how the story of Daphne and Apollo provides an insight into women's experience as subjects and makers of poems. It traces a body of women's writing that keeps faith with its original inspiration while discovering women's physical, emotional, and intellectual experience at the heart of myth: in the ambiguous relationships of female figure and natural landscape, movement and stasis, aversion and desire. In the work of poets Jorie Graham and Eavan Boland, classical myth, as allusion or persona, enables an individual lyric voice to be heard even as it mutes the sense of an intrusively autobiographical speaker. This chapter explores the role of individual subjectivity in the confrontation between the poet and the female subjects of the mythic tradition, and considers closely the relationship between formal experimentation and the articulation of feminist ideals.
Muses and Mysteries
Authors: Hardie Alex
Published: January 2010

This chapter examines the role of music in mystery cults. Looking at relationships between the Muses, Orpheus, Dionysus, and initiation rites such as those at Eleusis, it argues that choreia was an essential component in bringing about that contact with the divine which initiands sought. Also significant is the fact that Mnemosyne, mother of the Muses, plays an important part in the eschatology of mystery religions, thus establishing a link between immortality in Muse-inspired poetry and the blessed afterlife promised by initiation. The chapter further argues that mousike in such cults was understood to contain cosmic and eschatalogical symbolism through which the harmony of the cosmos could be revealed. Hence, poetic claims to divine wisdom inspired by the Muses should not be regarded merely as metaphor: the boundaries between the ‘sacral’ and the ‘literary’ were less clear-cut than is commonly supposed.
Changing Choral Worlds: Song-Dance and Society in Athens and Beyond
Authors: Kowalzig Barbara
Published: January 2010

This chapter is concerned with the changes in choral performance between the archaic world and that of classical Athens. It notes the paradox that whereas democracy brought with it a widening in the social background of choric performers, the chorus itself became increasingly associated with Dionysus. Such exclusivity seems to be at odds with traditional Greek polytheism and the system whereby each god is worshipped individually. Plato's Laws — a fundamental text for our understanding of the relationship between mousike, religion, and society — offers an image of a world in which different gods were worshipped with different types of choral practice. But it does not reflect the reality of contemporary Athens. We are left with a curious contradiction: Dionysus is the democratic god whose worship is open to all, but the Athenian democratic polis dances only for Dionysus.
Athenian Strings
Authors: Wilson Peter
Published: January 2010

This chapter investigates the role of stringed instruments in the musical culture of democratic Athens. Moving beyond the broad ideological distinction between lyre (traditional, élite, ‘Apollonian’) and aulos (new, vulgar, ‘Dionysiac’), it shows how the kithara became democratised during the course of the 5th century. The immense prestige of kithara-events (both instrumental playing, and singing to the kithara) at public festivals, where increasingly professionalised musicians performed before mass Athenian audiences, transformed perceptions of the instrument. At the same time its music was appropriated by practitioners of New Music. This is demonstrated by a discussion of Timotheus' Persians, a kitharodic nome, which presents itself as inclusive and new, yet at the same time embodying the finest traditions of Athenian conservative culture.
The Instrumental Frame: Will Prosecution Have an Impact?
Authors: Hawkins Keith
Published: January 2010

This chapter explores the conditions under which the beliefs held by regulatory inspectors about the possible instrumental impact of prosecution enter prosecution decision-making. Inspectors find it difficult to assess the impact of prosecution, but many are sceptical about whether prosecution produces some desired practical impact. Furthermore, they tend to judge the impact of prosecution in terms of compliance rather than in reductions in hazards or accidents. Most strikingly, most inspectors were less concerned with the behaviour of actual or potential rule breakers, than with the impact of a prosecution case on their own time and workload. The chapter considers inspectors' theorizing about individual and general deterrence, and the paradox of regulatory control in which prosecution is most important, ironically, in being threatened, rather than actually used.
The Organizational Frame: Prosecuting as Advertising
Authors: Hawkins Keith
Published: January 2010

Prosecution is a special display of organizational activity, announcing the behaviour not simply of organizations themselves, but of individuals within organizations. It allows officials to make statements and create images within an organizational context, because they have audiences within the regulatory organization to whom they need to display their activity and competence. This internal audience is often a powerful source of influence on inspectors' decision-making. The result is that some prosecutions are taken not because of any compelling intrinsic merit, but in satisfaction of bureaucratic expectations. This chapter discusses such organizational expectations, the performance indicators which allow supervisors to assess the extent to which inspectors fulfil their expectations, and the restrictions of resources and organizational customs which may constrain inspectors' decision-making behaviour. Finally, further constraints on inspectors' use of discretion in the form of organizationally determined caseload effects are analysed.
On Prosecution, Legal Decision-Making, and Law
Authors: Hawkins Keith
Published: January 2010

This chapter reflects upon the character of legal control. Prosecution is a symbolic act, expressing conceptions of moral order, which carries meanings beyond any instrumental purpose to be served in reducing rule breaking. Prosecution decision-making is also heavily imprinted with its organizational provenance, and must be seen as an exercise in interpretation and translation in an organizational setting. The fact that regulatory bureaucracies are bodies operating on the public stage when they prosecute helps shape perceptions of the nature of regulatory violations and violators. Prosecution is also transformative: private troubles become public affairs, with private ordering by negotiation yielding to public law enforcement and adjudication. The pervasiveness of discretion is discussed, followed by an exploration of reflective and axiomatic decision-making. An analysis of the extent to which law can cope with risk, the pragmatism of law, and law as a moral enterprise concludes the book.
The Graeco-Romans and Graeco-Latin: A Terminological Framework for Cases of Bilingualism
Authors: BIVILLE FRÉDÉRIQUE
Published: January 2010

Greek-Latin bilingualism, which was part of the much broader multilingualism that characterised the Roman world, was not, as has frequently been observed, symmetrical. It was considerably more developed and more common on the Roman than the Greek side. This chapter establishes a typological and terminological framework for those linguistic encounters which arose from the use of Greek and Latin in conjunction and for the effects which bilingualism had on each language. Particular attention is paid to phenomena which could only have arisen in the context of these contact situations. The discussion is presented from the Roman and Latin perspective.
Bilingualism in Roman Egypt
Authors: FEWSTER PFNELOPE
Published: January 2010

This chapter examines bilingualism in Roman Egypt from a historical rather than linguistic perspective. In particular, the problems of functioning in a society where administration was officially confined to the language of the minority are discussed to see how far up or down the social hierarchy individuals were likely to remain monolingual (that is, at what points translation standardly took place), and also to look briefly at the cultural implications of language use and choice. An understanding of how far Rome’s subjects were prepared to use the language of their conquerors, and in what ways they did so, may contribute to the ongoing debates about cultural change and resistance in the Roman empire.
Interactions between Greek and Phrygian under the Roman Empire
Authors: BRIXHE CLAUDE
Published: January 2010

Greek and Phrygian probably interacted over a period of several thousand years. Isoglosses linking the two languages presuppose a close genetic relationship in prehistoric times. Contacts between the two languages must have been maintained, whether or not continuously, until the end of the second millennium, by which time the Phrygians were to be found in Macedonia and Thrace. The Macedonian invasion inevitably intensified interactions between the two languages, bringing them to an unprecedented level, but also changing their character. This chapter examines how Phrygian survived, at least in written form, until the middle of the third century AD.
Are Reasons for Action Beliefs?
Authors: CELANO BRUNO
Published: January 2010

Suppose John takes his umbrella because he (rightly, as it turns out) believes that it will rain. Is the reason for him to take his umbrella his belief that it will rain, or is it the fact that it will? According to Joseph Raz, reasons are used to guide behaviour — and people are to be guided by what is the case, not by what they believe to be the case. Reasons-statements are conceptually related to judgements of practical rationality. A satisfactory theory of reasons for action should account for their relationships. Raz's position may be termed an ‘objectivist’ one. This chapter builds what may appear as a natural extension of it, ‘pure’ objectivism about reasons for action, and shows that it is untenable. Pure objectivism's main weakness lies in its failure to account for the relationships existing between reasons-statements, on the one hand, and judgements of practical rationality, on the other.
Authority for Officials
Authors: WALDRON JEREMY
Published: January 2010

In philosophical discussions of authority, we often have in mind a confrontation between an official and a subject. Some ordinary citizen with views of his own about how to behave confronts an official directive which purports to steer him on a path he would not have chosen had he been left to his own devices. Can submission to such directives ever be justified? Joseph Raz's work on authority has consisted in elaborating the conditions that would have to be satisfied, in terms of the subject's reasons for action, before an affirmative answer could be given. However, not all questions of authority are of this type. They do not all involve subjects' responses to directives from officials. This chapter considers authority as between officials or institutions. The principle of institutional settlement is also discussed, along with public settlement, coordination and salience, respect and compliance, pre-emption and dependence, and Raz's normal justification thesis.
Legal Reasoning and the Authority of Law
Authors: PENNER J. E.
Published: January 2010

Joseph Raz's theory of law makes the notion of authority central. In so far as the law is authoritative, it mediates between the reasons that apply to the subjects of the law and those subjects themselves, by providing guidance via exclusionary reasons in the form of rights, duties, rules, etc. An important aspect of Raz's characterisation of authority is what is termed the ‘practical difference thesis’: in so far as authorities mediate between the reasons for action and the subjects of the authority to whom those reasons apply, the directives of the authority have practical importance because they tell the subject how to act so that he does not need directly to consider (at least some of) the reasons that would bear on his acting in the particular circumstance. This chapter discusses legal reasoning and the authority of law, Raz's normal justification thesis, Ronald Dworkin's views on moral expertise and common law legal expertise, incomplete theorisation in law, and transparency and universality of moral reasoning.
Raz on Gaps—the Surprising Part
Authors: ENDICOTT TIMOTHY A. O.
Published: January 2010

In English law, there are various ways in which contracts can be invalid or unenforceable because they are immoral — and yet English lawyers know that many contracts are conclusively binding. The first two sources of legal gaps that Joseph Raz identifies do not seem so surprising. Vagueness in the sources of law leads to gaps in borderline cases, and there is a gap if the law includes inconsistent rules, with no way of deciding which is effective. In those situations it seems right to say that the law does not tell people where they stand, so that people may need a court to make a decision. But if Raz is right about the third source of gaps, then judges have discretion whenever the law appeals to moral considerations. This chapter discusses the sources thesis, moral considerations, judicial discretion, the social morality of judges, and contract law.
Equality, Incommensurability, and Rights
Authors: STEINER HILLEL
Published: January 2010

In The Morality of Freedom, Joseph Raz plausibly proposes the following statement as the general form of strictly egalitarian principles: ‘All Fs who do not have G have a right to G if some Fs have G’. He then proceeds to mount a sustained criticism of such principles as being deeply implausible. Can one not care about equality as such without being irrational, envious or gripped by a strange aesthetic ideal? This chapter argues that, under one of two mutually exclusive and jointly exhaustive assumptions about the aggregate magnitude of G, caring about equality as such need not be encumbered with such undesirable baggage. The aggregate magnitude of anything is supposed to be either constant or variable. This chapter examines Raz's philosophy on equality, incommensurability, rights, egalitarian rule, pure negative liberty, and utilitarianism and the pursuit of happiness.
The Intrinsic Value of Economic Equality
Authors: MARMOR ANDREI
Published: January 2010

Some philosophers, prominently Joseph Raz and Harry Frankfurt, argue that we should not care about economic equality, that is, at least not if we think of economic equality as intrinsically valuable. Both Raz and Frankfurt claim that economic equality has no moral value in itself. Frankfurt formulated this point succinctly in saying that ‘what is important from the point of view of morality is not that everyone should have the same but that each should have enough’. This chapter argues that part of what having enough economic resources means is that one does not have much less than most others, and that the value of economic equality is actually derivable from those same considerations that were meant to show why equality, as such, has no intrinsic value, namely, the basic moral concern with the satisfaction of people's needs. This chapter also looks at sufficiency, the reasons for needing something, and the irrationality of envy.
Introduction
Authors: Talmon Stefan
Published: January 2010

This book explores the concept of recognition of governments in international law. The question of the (continued) recognition of a government cannot always be separated from the related question of the recognition of the sovereignty and independence of a new state or the recognition of the annexation of an existing state, as in both cases the question which regularly arises is: who is to be recognized as the sovereign authority, i.e., the de jure government of the territory in question? This book shows with respect to governments in exile that, by making a formal announcement of ‘recognition’, states made (and may still make) public a certain decision from which definite legal consequences follow. It also shows that the policy of recognizing states, not governments, is only abolishing (or playing down) formal public statements on the recognition of governments but not the concept of recognition of governments as such.
Privileges and Immunities
Authors: Talmon Stefan
Published: January 2010

While host states have accorded certain privileges and immunities to both recognized governments in exile and authorities in exile not recognized as governments, only authorities in exile recognized as governments have claimed and enjoyed privileges and immunities as of right. The jurisdictional immunities of a government in exile are discussed in this chapter, along with inviolability of the seat of government in exile. This chapter also deals with the issue of which individual members of a recognized government in exile (including heads of state and members of government and senior staff) and its armed forces may claim (personal) immunity from the jurisdiction of the host state and certain other privileges as of right under customary international law.
Conclusion
Authors: Talmon Stefan
Published: January 2010

This book has showed that the term recognition and its variants, in the sense of recognition of governments, may be used in at least two different ways: they may indicate the recognizing state's willingness to enter into diplomatic relations and/or express its opinion on the legal status of the authority recognized. With which meaning recognition is used in a particular case depends solely on the intention of the recognizing state. The institution of recognition of governments in international law is thus much more than simply the term ‘recognition’. Recognized governments in exile have the right to exercise governmental functions and to enjoy governmental privileges and immunities within the jurisdiction of the recognizing state.
5 A Plethora of Charity Societies
Authors: Londoño-Vega Patricia
Published: January 2010

This chapter begins by discussing the foundation of several philanthropic associations and entities for the purpose of assisting the sick; collection of alms for the needy; protection and teaching of widows, orphans, and the aged; and the burial of the poor. It adds that charity hospitals and welfare institutions in Antioquia increased in direct response to the demands resulting from the rapid urbanisation and industrialisation of the Aburrá valley. It explains that these organisations constructed bridges between social classes.
Transcribing Serbo-Croatian Intonation
Authors: Godjevac Svetlana
Published: January 2010

This chapter presents an overview of intonation of Standard Serbo-Croatian with a proposal for prosodic transcription within the ToBI family of prosodic transcription models. The intonation model includes broad and narrow focus utterances of declarative statements and questions, and vocative chant. The transcription model includes a representation of the lexical pitch accents (short and long falling and short and long rising), phrase accents, boundary tones, break indices, words, and glosses.
The J_ToBi Model of Japanese Intonation
Authors: Venditti Jennifer J.
Published: January 2010

This chapter describes the prosodic structure of Japanese, and the transcription of intonational patterns using the Japanese ToBI (J-ToBI) system. It discusses the role of pitch accent in Japanese, as well as the levels of phrasing present in the prosodic hierarchy. This structure is compared and contrasted with the intonation systems of other languages that also have been described using the ToBI framework. It provides details of the labels used in a Japanese ToBI transcription, along with a discussion of the motivation for, and issues concerning, many of these labels. It then highlights the differences between J-ToBI and the well-known Beckman–Pierrehumbert model. Finally, it describes efforts toward the automatization of J-ToBI labelling, and summarizes results of labeller agreement studies.
Intonational Prominence in Varieties of Swedish Revisited
Authors: Bruce Gösta
Published: January 2010

This chapter provides an assessment of the analysis of intonational prominence (pitch accents) in varieties of Swedish. The starting point is prosodic typology for Swedish dialects. Two hierarchical levels of intonational prominence is relevant in Swedish: accent (non-focal accent) and focus (focal accent). Under each higher level of prominence, a word form has either of the two word accents, accent I and accent II. Three general features of the typology are given. The first is the timing of pitch accent gestures. Phonological and phonetic aspects of pitch accent timing as well as more specific details of the pitch characteristics of accent I are discussed. The two other features of the typology concern the pitch realization of focus and the pitch patterns of compound words. A synthesis of model parameters is presented by simulating the different dialect types using resynthesis of intonation.
What Property Is
Authors: HARRIS J. W.
Published: January 2010

Property comprises (1) ownership and quasi-ownership interests in things; (2) other rights over such things which are enforceable against all-comers; (3) money; and (4) cashable rights. This chapter argues that this definition of property tracks a wide range of conventional property talk, but also contains a large element of stipulation. It discusses how there is no ‘true’ property, property as things and property as wealth, social heuristics, Reich's new property, constitutional theory, and MacPherson's political property-rhetoric.
Property is Just, to a Degree, Sometimes
Authors: HARRIS J. W.
Published: January 2010

This chapter argues that a judgement about the relative justice or injustice of a particular property institution, taken as a whole, must be addressed to the total package of privileges, powers, rights, obligations, liabilities, and immunities to which its gives rise, set in the social context in which it obtains. A conclusion that no property institution of any kind could be justified would entail that obligations imposed by trespassory rules are never genuine moral obligations and that claims to exercise ownership privileges and powers are never morally sound.
Crimes, kickers and transaction structures
Authors: Coleman Jules L.
Published: January 2010

This chapter asks why it is necessary to have a criminal law at all — a question philosophers of law have largely ignored. Critics are quick to dismiss forms of strict liability as morally objectionable, as departures from the requirements of justice that are justifiable only in certain narrowly defined areas of law in which strict liability has strikingly positive effects on reducing the level of harmful activity. The prevailing view suggests that strict liability is normally indefensible because justice prohibits us from penalising people who cause harm through no fault of their own. The chapter presents a contrary view.
Rationality and cooperation
Authors: Coleman Jules L.
Published: January 2010

This chapter articulates the building blocks of the market paradigm and develops their implications for moral, political, and legal theory. It argues that commitment to the individual rationality condition entails that the norms constitutive of a justified political morality must by justifiable to each agent given his or her interests. This theory of justification is, in an important and prevalent sense of the term, liberal. This form of liberalism suggests a methodology of hypothetical contractarianism as a way of deriving the substantive demands of a justifiable political morality. If the problem of rational choice is modeled as the problem of agreeing to a contract, rationality requires first the resolution of the defection problem.
Competition and cooperation
Authors: Coleman Jules L.
Published: January 2010

This chapter evaluates the market paradigm. It rejects the market paradigm and presents an alternative called rational choice liberalism. It argues that the market is central to both liberal political theory and rational choice theory. However, the market paradigm misunderstands the way in which the market is important to the rational choice liberal.
Calculus and contexts
Authors: Coleman Jules L.
Published: January 2010

In many circumstances, endogenous resources are inadequate to the task and rational parties will seek transaction resources exogenous to the structure and environment of their interaction. This chapter suggests that we think of the body of contract law in this way, as exogenous resources upon which agents can draw to reduce uncertainty and aid cooperation, division, and defection (breach), corresponding to the three axes that define the transaction resource space.
From contracts to torts
Authors: Coleman Jules L.
Published: January 2010

This chapter reviews the arguments presented in Chapters 3–8. It rejects the market paradigm and in its place offers rational choice liberalism. It looks at contract law from the point view of someone who accepts rational choice liberalism, someone unconcerned with efficiency as such. Instead the focus is on market transactions as a micro or local cooperation problem.
Fault and strict liability
Authors: Coleman Jules L.
Published: January 2010

This chapter shows that fault liability based in the injurer's negligence is not ordinarily defeasible by an excuse. In that sense, both fault and strict liability in torts are forms of strict liability. Strict liability in torts differs from fault liability in that an injurer can defeat liability neither by excuse nor justification. Fault liability is really the rule that victims are strictly liable for their losses unless the injurer is at fault. Strict (injurer) liability is really the rule that injurers are strictly liable for the losses their conduct occasions unless the victim is at fault. Thus, fault and strict liability are mirror-images of one another.
The economic analysis of torts
Authors: Coleman Jules L.
Published: January 2010

Chapter 11 argues that all liability rules have an element of strict liability at their core. If this argument is correct, there may be no defense of the fault principle that is not also a defense of strict liability. If strict liability is not a matter of morality, then neither is fault liability. If the only defense of strict liability is an economic one, then the only defense of fault liability is an economic one as well. This chapter summarizes aspects of the economic analysis of tort liability. It argues that only an account of tort liability rooted in considerations of economic efficiency can ground both fault and strict liability.
Liability and recovery
Authors: Coleman Jules L.
Published: January 2010

This chapter begins with the account of corrective justice. Several distinctions are important to the account of corrective justice and to the role ascribed to in tort law. The chapter develops four of these distinctions: recovery and liability, grounds and modes of recovery, grounds of the right to recover and the scope of the right, and compensation and justification.
Wrongfulness
Authors: Coleman Jules L.
Published: January 2010

There are two essential components in the concept of corrective justice: wrongfulness and responsibility. Only wrongful losses fall within the ambit of corrective justice. Responsibility for them grounds the agent-relative duty to repair. The principle of corrective justice requires a theory of wrongfulness and a theory of responsibility. This chapter develops the relevant conception of wrongfulness and outlines the relevant theory of responsibility.
Liberalism revisited
Authors: Coleman Jules L.
Published: January 2010

This chapter attempts to bring together the strands of liberalism discussed in the preceding chapters. The book argues that tort law imposes liability to reflect a judgement regarding preexisting claims litigating parties press against one another. These claims depend on facts about the relationship between parties, in particular, that the party held liable is responsible for having created the victim's wrongful loss. It is no part of the victim's case that the injurer is a better risk reducer or spreader; or, if it is part of her case, it is secondary to the background looking considerations just mentioned.
Religious Expression
Authors: AHDAR REX , LEIGH IAN
Published: January 2010

Although religious speech is treated legally as a liberty, in proselytising religions (Christianity especially) bearing witness to one’s faith — speaking about it to others — is a religious duty, rather than a matter of choice. This chapter argues for equal protection of anti-religious speech and for religious speech generally. There are two situations where religious liberty could be said to conflict with free speech: the case of anti-religious speech and the position of dissenters within religious organisations. In the latter, the underlying issue is whether a religious organisation in a liberal state needs to internalise and mirror that society’s values, including free speech. This chapter argues that it need not where to do so would destroy another important value: freedom of association.
Herodotus’ Conception of Historical Space and the Beginnings of Universal History
Authors: Alonso-núñez Josémiguel
Published: January 2010

This chapter deals with the first category in the work of Herodotus, i.e., space. Space must be understood in an empirical sense, not in a theoretical one. As part of his task of travel and enquiry, Herodotus visited the Persian empire. After referring to the geographic ideas and conceptions of the world that Herodotus found, the chapter shows how he contributed to and unconsciously helped historiography to evolve, thanks to his travels and observations. In this way, he laid down the foundations of universal historiography, which were afterwards developed by Polybius when he tried to explain the rise of Rome to world power.
Cleisthenes (of Athens) and Corinth
Authors: Salmon John
Published: January 2010

This chapter discusses what Cleisthenes' tribal system in Attica owed to Corinth. Stroud's hypothesis that the eight Corinthian tribes each had one component from the city, within and beyond the Isthmus, is extended and defended against other suggestions. Attic tribes, each with a trittys from city, coast, and inland, are very similar. Differences and similarities are explored to illuminate Cleisthenes' motives. The Corinthian pattern enabled him to separate Athenian aristocrats from their traditional support and yet to bring benefits to Alcmeonids; the deme, however, has central importance for Cleisthenes but no Corinthian counterpart. Cleisthenes cannot have made his trittyes equal: the 50 councilors from each tribe cannot come in equal numbers from three trittyes. Cleisthenes may have learned Corinthian details in the city itself, in exile on Cleomenes' instructions; but he did not understand the democratic potential, unrealised at Corinth, of what he borrowed.
The Common Oracle of the Milesians and the Argives (Hdt. 6. 19 and 77)
Authors: Piérart Marcel
Published: January 2010

When Herodotus collected it, after 450, the common oracle was circulating in Greece in an environment hostile to Cleomenes, very likely at Argos itself. If, in conformity with Homeric usage, one sees in the ‘Argives’ the Greeks in general, this oracle, violently hostile to Miletus, would at an earlier time have been aimed only at the Milesians themselves, whose suicidal behaviour it stigmatizes. J. B. Bury dated it to the campaign of Aristagoras in Greece. If an oracle had been given at that time, it must have had a rather different form. The text that we know must be more recent. It can scarcely predate the defeat of the Greek fleet at Lade and probably follows rather than precedes the fall of Miletus. The strong emotion that accompanied that news in Greece and the growing menace that the Persians were going to bring down upon her in the following years served to create a climate propitious for the spread of oracles and prophecies that fuelled thoughts and comments. This chapter defends the hypothesis of a single oracle bearing upon a single theme. This is not without consequence for the factual history of Argos. The date of Cleomenes' attack, placed by Pausanias at the beginning of his reign, has been lowered to c.494 because of the synchronism imposed by the oracle. Wells has already shown that, apart from the common oracle, nothing in Herodotus' account tells against an earlier date. His arguments are not all of the same value, but certain amongst them continue to deserve the most serious attention.
Herodotus and the ‘Resurrection’
Authors: Gould John
Published: January 2010

In 1925, Aldous Huxley in his book Along the Road wrote an essay in the course of which he asserted that the ‘best picture’ in the world was Piero della Francesca's ‘Resurrection’, a mural which was in Piero's birthplace, Borgo San Sepolcro, and is still there. In 1944, as the Allies advanced northwards and the Germans retreated before them, the ‘Resurrection’ came perilously close to not surviving, within minutes indeed of destruction by British artillery. That it did survive is due to the fact that the commanding officer of the battery which had been ordered to shell the German troops still holding on to Borgo San Sepolcro had read Aldous Huxley's essay and remembered it as the order to open fire came through to him: the ‘best picture’ in the world was to be his target. He hesitated and did not give the order to open fire in the hope that the German troops might at the last moment resume their retreat and evacuate the town. This chapter considers what we are to make of the painting's survival.
Herodotos and Athens
Authors: Fowler Robert
Published: January 2010

This chapter discusses the workings of oral history in Herodotus' text, and the implications for its interpretation as a document of the late 430s BC. Echoes of the contemporary political environment are explored particularly in the accounts of Hippokleides' unsuccessful suit, the expulsion of the Athenian tyrants, and the beginning of the Ionian Revolt. Although oral history effectively creates rather than mirrors the record of the past, thus preventing reconstruction of this past in traditional ways by modern historians, the loss is outweighed by better understanding of the text as an historical record of its own day, and by better methods of identifying received record and oral deformation.
Prologue
Authors: TAGGART MICHAEL
Published: January 2010

This book tells the story of a water dispute in Bradford, England, in the late 19th century. The dispute was finally resolved by the House of Lords in 1895, and the case — The Mayor, Aldermen and Burgesses of the Borough of Bradford v Pickles (1895) AC 587 — has become a ‘leading’ one. It is important in legal terms for establishing that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others or the public interest. This is accepted by many as a bedrock principle of the common law, and, like bedrock, is often invisible and taken for granted. Both the litigation, which pit Edward Pickles as the property owner against the town of Bradford and its water supply, and its doctrinal significance are explored.
Property and Statutory Interpretation
Authors: TAGGART MICHAEL
Published: January 2010

The case pitting Edward Pickles against Bradford over water supply was a case about statutory interpretation. The Corporation took its stand against Pickles on the statute first, seeking an injunction in respect of the alleged breach of statutory duty by Pickles. The case illustrates the potency of the common law principle that whenever possible, statutes will be interpreted by the courts to protect the property interests of individuals. This chapter considers the structure and content of the Bradford Waterworks Act 1842 and its successors in order to place the key provision (section 49) in context. The differing approaches of the judges to the interpretation of section 49 are then summarised, and some comments are presented regarding what the litigation illustrates about statutory interpretation and the common law mindset.
Malice and the Law of Torts
Authors: TAGGART MICHAEL
Published: January 2010

For a 20-year period spanning the turn of the 20th century, the place of malice in the law of torts was a matter of considerable legal interest. For England, the debate began with the pioneering work of Sir Frederick Pollock on The Law of Torts, first published in 1887. For the American side, the first shot was fired in the Harvard Law Review by Oliver Wendell Holmes Jr., the doyen of American lawyers. The American law, however, was less settled than Pollock led his readers to believe. This chapter also discusses economic torts and nuisance.
Epilogue: Pickles and the Public/Private Law Divide
Authors: TAGGART MICHAEL
Published: January 2010

The dispute between Edward Pickles and Bradford over water supply has major implications for the public law-private law divide. It has become fashionable to describe the concept of property as a ‘bundle of sticks’. One of those sticks, and arguably the most important, is the right of the owner to exclude others from his or her land. This right entails the exclusion or ejection of anyone for any reason good or bad — or for no reason at all, without warning and without any obligation to explain why or to otherwise act fairly. This chapter discusses property rights, the private law paradigm, and the public dimension of private property.
The Knowledge Base of Standards
Authors: Furüsten Staffan
Published: January 2010

This chapter examines how the content of standards is formed and discusses the knowledge base of standards, using the International Organization for Standardization's (ISO) 9000 series of quality standards as an empirical example. The ISO 9000 standards have influenced many other standards related to quality and the management of organizations. This standard is described in more detail and the assumptions about organizations from which the standard was developed are considered. The standard is then compared, first with scholarly thinking on how organizations function, and then with the popular management culture.
Arenas as Standardizes
Authors: Sahlin-Andersson Kerstin
Published: January 2010

This chapter describes how an international organization set up as a forum for the discussion of public administration issues ended up being an active standardizer. Numerous organizations provide standards even if this is not their official or main purpose. Examples are organizations whose task is to be arenas; they produce and provide information and comparisons, report and propose initiatives for change, and generally facilitate exchange of experience, ideas, and ideals. One such organization is PUMA, a committee of the Organization for Economic Cooperation and Development (OECD) that serves as an arena where representatives of OECD countries can learn and share their ideas and experience concerning the development of public management. This chapter shows how PUMA emerged as an organization and explains how it developed into a standardizer. The character of the standards created by PUMA is described and explained.
3 Network Structures in Germany and Britain
Authors: WINDOLF PAUL
Published: January 2010

This chapter presents a detailed comparative analysis of firms and network structures in Germany and Great Britain. It focuses on the degree of ownership concentration, the different types of owners, and the differences in the configuration of corporate networks, as well as competition and cooperation in the network. The concept of network configuration is explained, and national networks are compared in terms of ownership concentration and the overlap of capital networks and interlocking directorates. The overlap of interlocks and ownership and the mutual reinforcement of bureaucratic power (management) and power conveyed by ownership characterize the specific control structure of German capitalism.
Phonetics and Philology
Authors: 9780191514531  , Stuart-Smith Jane
Published: January 2010

This book presents a treatment of a long-standing problem of Proto–Indo–European and Italic philology: the development of the Proto–Indo–European voiced aspirates in the ancient languages of Italy. In so doing it tackles a central issue of historical linguistics: the plausibility of explanations for sound change. The book argues that the problem can be resolved by combining a traditional philological investigation with experimental phonetics. Philological methods enable the presentation of the first integrated account of the evidence for the Italic languages, with detailed discussion of languages other than Latin. Theory and methods from experimental phonetics are then adopted to offer a new explanation for how the sound change might have taken place. At the same time, phonetic methods also confirm the traditional reconstruction of voiced aspirates for Proto–Indo–European. Thus the book offers a case-study of the successful application of synchronic theory and method to a problem of diachrony.
Philology: The Evidence for the Italic Development
Authors: STUART-SMITH JANE
Published: January 2010

The Italic reflexes are found in those words whose root/stem/ending can be shown to continue a Proto–Indo–European (PIE) voiced aspirate. This chapter presents a detailed summary of the evidence for Italic reflexes, in particular for those languages other than Latin. After a brief introduction to each language and its writing systems, the orthographic reflexes of the PIE voiced aspirates are determined from a brief statement of lexical evidence. These are then assigned sound values based on careful consideration of orthographic, phonological, and phonetic evidence.
The Traditional Arguments Reviewed
Authors: STUART-SMITH JANE
Published: January 2010

This chapter presents a critical discussion of traditional arguments, starting with those based on evidence referring to factors connected to the Italic languages themselves, and then moving on to those based on more general linguistic considerations. The arguments are further grouped together according to the criteria on which they are based. The chapter contends that traditional arguments are inconclusive and recourse to alternative criteria is advised.
Phonetics, Predictions, Parallels
Authors: STUART-SMITH JANE
Published: January 2010

This chapter presents an independent method of assessing how we might expect voiced aspirates to change. The principles of a phonetic model of sound change are applied to the case in question: the phonetic characteristics of voiced aspirates realized as breathy voiced stops are examined, and a number of predictions for change are made. It is shown that Ohala's model of sound change is a reliable and constrained predictor of possible sound change; the traditional reconstruction of the Proto–Indo–European (PIE) voiced aspirates as breathy voiced stops is phonetically the most plausible option; and that there now exists a body of reliable and independent information — phonetically-predicted changes supported by parallel developments — against which the routes for the Italic development may be assessed.
A Phonetic Explanation for the Italic Development
Authors: STUART-SMITH JANE
Published: January 2010

This chapter evaluates the phonetic plausibility of the two current explanations for the development of the Proto–Indo–European (PIE) voiced aspirates in the Italic languages. It first considers Ascoli and Rix. It then discusses a phonetic explanation for Italic development.
The Needs of the City
Authors: Barron Caroline M.
Published: January 2010

This chapter examines the privileges and support which the citizens of London sought from the Crown in the period 1200-1500. In particular, the Londoners were anxious to secure self-government, namely their right to elect their own mayors and sheriffs. They also sought royal confirmation of economic and judicial privileges for the citizens, and the support of the Crown in the limitation of the ecclesiastical rights of sanctuary within the City. Most of these royal privileges were expressed in a series of charters granted to the citizens.
Overseas Trade
Authors: Barron Caroline M.
Published: January 2010

The chapter examines the changing patterns in the overseas trade of London between 1200 and 1500. The overseas merchants included the Gascons who brought wine, the Spaniards and Portuguese who brought leather; the Hanse merchants from the Baltic who imported fish, timber, furs, wax and iron; and the Italians who brought spices and luxury goods from the Mediterranean. The impact of Royal ambitions abroad on the patterns of London's trade is explored, and the rise and fall of the export of wool and the contingent rise of English cloth exports is charted and demonstrated with graphs. By the end of the period, it is argued that London had secured a virtual monopoly of England's overseas trade.
The City Courts
Authors: Barron Caroline M.
Published: January 2010

This chapter examines in detail the various courts or assemblies where the business of governing the city was undertaken. The courts ranged from meetings of householders in the twenty-four wards, to the Folkmoot assembly of all citizens and the court of Husting where property disputes were heard. The development of the work of the Court of Aldermen and the Court of Common Council as the City's main deliberative (and representative) assemblies is also analysed.
The Annually Elected Officials: Mayor and Sheriffs
Authors: Barron Caroline M.
Published: January 2010

The most important officers in medieval London were the mayor and the two sheriffs who were elected every year. This chapter examines how these offices emerged and how their control was wrested by the Londoners from the Crown. The duties of these important officials, their households, and the judicial courts over which they presided are also examined. The particular responsibility of the sheriffs for London's prisons (Newgate and Ludgate) is discussed and an attempt made to assess the impartiality and effectiveness of these elected officers.
The Capacity of Private Law
Authors: Collins Hugh
Published: January 2010

This chapter explores the implications of analyzing private law as a regulatory technique. It analyzes the special strength of private law regulation of contracts compared to other styles of regulation in terms of its ‘reflexive’ capacity. It then examines the structural weakness of private law as a regulatory instrument. The chapter focuses on detecting how these weaknesses in the capacity of private law can be overcome, and how private law itself is evolving mechanisms that enable it to address these weaknesses.