bluuebunny/crossref_metadata_2025 huggingface dataset:
The Singapore Legal System
Authors: Chong Adeline , Yip Man
Published: August 2024

This chapter discusses the historical foundation and modern developments of the Singapore legal system to elaborate on the Singapore private international law developments. It highlights the efforts of the Ministry of Law of Singapore and the Singapore judiciary in capacity and reputation building. The progressive developments and innovations within the Singapore judicial system primarily focus on promoting the development of Singapore’s jurisprudence and the influence of the Singapore legal system internationally. Moreover, the end goal revolves around whether the international business community would choose Singapore as the dispute resolution forum and Singapore law as the governing law of transactions. The chapter also looks into the recent innovations and developments in the Singaporean judiciary involving the Singapore International Commercial Court, the appellate review capacity of the Supreme Court of Singapore, and international judicial relations.
Choice of Law for Property
Authors: Chong Adeline , Yip Man
Published: August 2024

This chapter discusses the choice of law rules for inter vivos dealings involving proprietary rights, with particular attention being paid to the application of the rules in commercial transactions. It notes how choice of law process begins with the exercise of characterization, which involved distinction between immovables, tangible movables and intangible movables. The insusceptibility of the general choice of law rule (lex situs) to change primarily roots to its deference to the ultimate control which the courts of the situs have over the property and the apparent certainty for all parties concerned. There are, however, signs that the general applicability of this rule may be reconsidered under Singapore law. The chapter also tackles the voluntary assignments of debts and instances of involuntary assignment.
Solvency II Directive (Solvency II)
Authors: Haken Bob , Jones Isabella
Published: August 2024

This concluding chapter discusses two relevant directives: the Directive (2009/138/EC) on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II); and the Directive (2016/97/EU) on insurance distribution (IDD). As with many other European financial services laws, Solvency II and the IDD create a single market for insurance and insurance distribution respectively through the use of passporting rights exercised by firms with their head office in a Member State of the EEA (in the case of Solvency II) or by firms established in a Member State of the EEA (in the case of the IDD). Even where the UK and the remainder of the EU operate on the basis of the same underlying rules, there is a key philosophical difference in approach between the UK and the EU. The UK’s regulatory regime is ‘activity-based’, which means that the determining factor in deciding whether UK regulation applies is the location at which the regulated activity takes place. Most of the rest of the EU instead operate a ‘location of risk-based’ approach for insurance, which looks at where the insured risk is located. This can lead to significant differences for cross-border insurance, and once the UK has left the EU will create an asymmetrical relationship.
The Legal Arbitration Framework
Authors: Moser Michael , Bao Chiann
Published: August 2024

Chapter 2 offers an introduction to the legal arbitration framework in Hong Kong. The chapter describes Hong Kong’s arbitration legislation, the support of the Hong Kong court system as well issues of enforcement of Hong Kong arbitration awards.
General Provisions (Articles 1–3)
Authors: Moser Michael , Bao Chiann
Published: August 2024

Chapter 5 provides a commentary on the first three articles of the 2018 HKIAC Rules: Scope of Application, Interpretation of Rules, and Written Communications and Calculation of Time Limits.
Expedited Procedure and Early Determination Procedure (Articles 42–43)
Authors: Moser Michael , Bao Chiann
Published: August 2024

Chapter 12 deals with two specific procedures under the 2018 HKIAC Rules: expedited procedures (Article 42) and the early determination procedure (Article 43).
Damages Claims for the Infringement of EU Competition Law
Authors: Davis Peter , Lianos Ioannis , Nebbia Paolisa
Published: August 2024

This book provides a critical analysis of damages claims for the infringement of EU competition law by combining a theoretical with a practical perspective. The work focuses on the relevant EU framework, focusing on the recently adopted directive, examining all aspects of EU law that may be relevant to damages claims (whether brought by a consumer or not), including an analysis of the rarely examined causation aspects, alternative dispute resolution, as well as private international law instruments. The book also delves into the economic underpinnings of claims for damages, including optimal enforcement theory and damages and the legal standards of liability, the evaluation of damages for cartels, exploitative conduct and exclusionary conduct. The interaction between damages claims and public enforcement, as well as issues relating to multi-jurisdictional enforcement and damages claims are also explored in this work.
Infringement Decisions and Penalties
Authors: Sauer Ralf
Published: August 2024

Abstracts and keywords to be supplied.
Voluntary Adjustments, Commitments, Finding of Inapplicability, Informal Guidance
Authors: Blanco Luis Ortiz , Jörgens Konstantin , Kellerbauer Manuel
Published: August 2024

abstracts and keywords to be supplied.
Judicial Review of Commission Decisions Regarding Concentrations
Authors: Boyd Marcos Araujo , von Lingen Nicolas
Published: August 2024

abstracts and keywords to be supplied.
Implementation of the Commission’s Decisions
Authors: Kapenne Jean Paul , Caviedes Carlos Urraca
Published: August 2024

abstracts and keywords to be supplied.
Contracts of Carriage
Authors: McParland Michael
Published: August 2024

This chapter explains the provisions of Article 5 of the Rome I Regulation, which provides special rules for determining the applicable law for contracts of carriage of goods and persons. The provisions of Article 5 apply to all modes of transport, and are a mixture of the revised rules in relation to the carriage of goods previously found in Article 4(4) of the Rome Convention, and new rules relating to the carriage of passengers which had no predecessor in the Convention.
Public Sanctions
Authors: Gilliams Hans , Bocken Jan , Baumé Tristan , Sauer Ralf
Published: August 2024

A solid understanding of the fine calculation methodology is crucial to any practitioner dealing with a cartel case, and practitioners Hans Gilliams, Jan Bocken, and Tristan Baumé (Eubelius, Brussels) examine and explain the European Commission’s fining policy and fining guidelines. They focus on the principle of proportionality, immunity, and fine reductions following leniency, inability to pay, limitation periods, and the tax deductibility of fines. Cartel enforcement typically goes hand in hand with very high fines and Ralf Sauer (Legal Service, European Commission) addresses the Commission’s law sanctions (Article 23 of Regulation 1/2003) as well as the Charter of Fundamental Rights of the European Union from the public enforcer’s perspective. His insights are of great practical value and should be read in conjunction with the viewpoints expressed by the private practitioners to capture the nuances in full.
Consumer Involvement in Private EU Competition Law Enforcement
Authors: Ioannidou Maria
Published: August 2024

In the last decade, EU competition law rhetoric has attributed increased importance to ‘consumer interest’. The enforcement of EU competition law often does not match these pronouncements as final consumers and their respective interests play only an ancillary role. The book starts from this observed inconsistency with the aim of strengthening the importance attributed to ‘consumer interest’ in the application and enforcement of EU competition law. By alluding to the difficulties in adopting a final consumer welfare standard in the substantive enforcement of EU competition law, the book explores an alternative route and focuses predominantly on consumer participation in private competition law enforcement. The analysis is conducted at three levels. First, normative justifications for enhanced consumer participation are provided. These include the deterrence against competition law violations and catering for compensation to affected consumers (endemic/functional aims of private enforcement), as well as legitimizing EU competition policy and contributing to consumers’ empowerment (ancillary institutional benefits). Second, practical proposals in relation to remedial and procedural rules on standing, access to evidence, and collective actions enabling consumer involvement are formulated. Third, and insofar as institutional and political limitations impede the adoption of effective measures in the field of private enforcement, alternative routes for consumer participation in public competition law enforcement such as super-complaints and public compensation are examined and proposals formulated.
Improving Consumers’ Role
Authors: Ioannidou Maria
Published: August 2024

Chapter 4 alludes to the intrinsic characteristics of consumer claims in order to justify why consumer claims warrant a different treatment to claims from customers and competitors. Following the normative discussion, proposals focusing on passing-on and access to evidence are discussed in the light of the adopted EU Directive on Damages Actions. In regard to standing and passing-on, the Directive on Damages Actions has provided an overall satisfactory solution since the introduction of a rebuttable presumption in favour of indirect purchasers reveals a deterrence rationale and is capable of incentivizing consumers in competition litigation. As far as access to evidence and disclosure of evidence in the competition authority’s file is concerned, the adopted rules, while striking the right balance in relation to leniency material, seem unlikely to increase consumer involvement. The analysis in this chapter offers suggestions to improve this situation.
Introduction
Authors: Kellaway Ros , Thompson Rhodri , Brown Christopher
Published: August 2024

This chapter introduces the important changes that have been made to the UK competition law regime by the Enterprise and Regulatory Reform Act 2013 (ERRA) and the Consumer Rights Act 2015 (CRA). Section A discusses the Strategic Steer issued by the Government to the newly created Competition and Markets Authority (CMA) and, more generally, the degree of political involvement in the competition law regime. Section B provides a brief overview of the UK competition law regime, explaining the interaction of the administrative, civil, and criminal regimes and the policy challenges arising out of that interaction. In Section C, the authors introduce the problems with various aspects of the regime prior to its reform.
Road Transport (II)
Authors: Godin Alejandro Martínez
Published: August 2024

The basic Union Act related to social legislation in road transport is Regulation (EC) n° 561/2006. Its four objectives are referred to in the first Article and are the following: the harmonization of the conditions of competition between modes of inland transport, especially with regard to the road transport; the improvement of working conditions and road safety; the promotion of improved monitoring and enforcement practices by Member States; and the promotion of improved working practices in the road transport industry. This chapter details the EU social measures dealing with road transport (notably working and resting times), charges for the use of road infrastructure, fiscal measures, technical regulation, external relations, and, finally, the residual application of rules on freedom to provide services and freedom of establishment.
Revised LOFAR upper limits on the 21-cm signal power spectrum at z ≈ 9.1 using machine learning and gaussian process regression
Authors: Acharya Anshuman , Mertens Florent , Ciardi Benedetta , Ghara Raghunath , Koopmans Léon V E , Zaroubi Saleem
Published: August 2024

The use of Gaussian Process Regression (GPR) for foregrounds mitigation in data collected by the LOw-Frequency ARray (LOFAR) to measure the high-redshift 21-cm signal power spectrum has been shown to have issues of signal loss when the 21-cm signal covariance is misestimated. To address this problem, we have recently introduced covariance kernels obtained by using a Machine Learning based Variational Auto-Encoder (VAE) algorithm in combination with simulations of the 21-cm signal. In this work, we apply this framework to 141 h (${\approx} 10$ nights) of LOFAR data at $z \approx 9.1$, and report revised upper limits of the 21-cm signal power spectrum. Overall, we agree with past results reporting a 2-$\sigma$ upper limit of $\Delta ^2_{21} \ \lt\ (80)^2~\rm mK^2$ at $k = 0.075~h~\rm Mpc^{-1}$. Further, the VAE-based kernel has a smaller correlation with the systematic excess noise, and the overall GPR-based approach is shown to be a good model for the data. Assuming an accurate bias correction for the excess noise, we report a 2-$\sigma$ upper limit of $\Delta ^2_{21} \ \lt\ (25)^2~\rm mK^2$ at $k = 0.075~h~\rm Mpc^{-1}$. However, we still caution to take the more conservative approach to jointly report the upper limits of the excess noise and the 21-cm signal components.
The Koksār by Ānand Kavi
Authors: Cattoni Nadia
Published: August 2024

The discipline of kāmaśāstra has produced complex systems of knowledge about men and women in their amorous and physical relationships, which have been studied by scholars of the Sanskrit tradition. But kāmaśāstras have also been written in vernacular languages. This chapter is a first step in the analysis of the tradition on erotics in Brajbhasha through the study of a selection of manuscripts of the Koksār by Ānand Kavi. Comparing the text with works from the Sanskrit tradition stated in the Koksār, it aims to identify the processes of reinterpretation and transformation of an inherited tradition. The chapter also discusses the polysemy of the term kok(a) and the collected information about the most famous text on sexology and erotology from the Braj tradition.
Accidental Occident The Setting of “the West” in Music History
Authors: Irving D. R. M.
Published: August 2024

In the late Middle Ages and early modern period, there was considerable exchange and flow of musics from Europe across imagined East-West boundaries. From the early seventeenth century, Jesuits in China adopted Chinese geographical notions of “the West,” and applied the term “Western” to a keyboard instrument given to the emperor. Amiot also wrote about peoples of “the West” in his 1779 treatise on Chinese music. Before 1800, however, most applications of the term “Western” to music referred specifically to liturgical music of Catholics and Protestants, differentiating their practices from those of the Orthodox faith. There was little consistency in general geographical terminology. The idea of “western Europe” was not articulated explicitly in eighteenth-century writings on music, although “the Western world” occasionally appeared. Percy Grainger published the term “Western art music” in 1915, perhaps coining it. “Western music” remains a dominant concept, but new projects are emerging to decenter it.
Epilogue
Authors: Irving D. R. M.
Published: August 2024

This epilogue sums up the themes discussed in the previous six chapters, including representations of Europe in myth and allegory, the idea of Europe as a musical space, and the notions of European ears and musicians. It reiterates that applying the term “European music” in historical writing today without awareness or qualification of musics from before or even during the long eighteenth century can potentially imply degrees of homogeneity and essentialism that cannot be retrospectively projected and can result in anachronistic representations. It also points out that “Western music” had different meanings before and after c. 1800. A suggestion for a possible way around these issues is to speak and write of music being “in” and “of” a place, unless acknowledging and deliberately using the very specific meanings of adjective-noun compounds in primary sources from the long eighteenth century, such as “French music,” “Italian music,” “European music,” or “Western music.”
Co-operatives as the Heart of France’s Social and Solidarity Economy
Authors: Spicer Jason S.
Published: August 2024

Chapter 4 examines France’s co-operatives as the heart of a coherently organized, legally defined social and solidarity economy. Co-operatives initially developed into the institutional void or field opening left by the French Revolution, which abolished almost all economic organizations. Operating in a legal twilight, the co-operative movement slowly but consistently secured national legal recognition through an evolutionary process of layering, as legal forms and policies developed to accommodate four distinct co-operative movements. By the 20th century’s end, co-operatives were part of the social and solidarity economy, which joins together all social purpose enterprises through an interlocking organizational structure. The French state repeatedly granted sanction and legitimacy to co-operatives through enabling legislation, special public economic development tools, and access to financing. Reflecting the French Revolution’s legacy, the government subjects them to regulation in exchange for granting them legitimacy as an allowable intermediary between the people and the state.
American Cooperation since 1900
Authors: Spicer Jason S.
Published: August 2024

Chapter 7 continues the American story, examining subsequent efforts to build a robust, national co-operative movement. Through the mid-20th century, the American co-operative movement operated on a fragmented basis through distinct subfields, splintered by race, industry, and co-operative subtype. Efforts to develop a cohesive, overarching organizational strategy and associated enabling policies were only partially successful. Another period of resurgence, after the upheavals of the 1960s, also yielded limited organizational or policy results. Today another round of co-operative organizing efforts is again occurring, but the U.S. co-operative organizing framework still remains fragmented and incomplete. Of note, and consistent with historical path dependency, co-operatives remain particularly limited in the U.S. South. New Southern co-operative initiatives, however, as well as explicit national co-operative messaging and organizing around race, are today readily observable.
Abject Bodies and Performance Art
Authors: Alcázar Josefina
Published: August 2024

Performance art or action art (arte acción), as it is also called in Spanish-speaking countries, emerged in the second half of the twentieth century. It is a countercultural expression whose main characteristic is to be a living art, an art linked to daily life where the artist’s body, their physical presence, is fundamental, and where real experience is a source of understanding. The performance artist’s body becomes their raw material, and it is through their bodies that they seek to discover themselves, others, and the environment around them. This exploration of the body and with the body, from the most varied perspectives, is not detached from life, but is part of it. Self-reflection and self-knowledge of their emotions and sensations lead performance art artists to an expansion of consciousness. They reject the modernist canon and vindicate the impure, the marginal, and the degraded.
Chick Webb’s Extraordinary Body of Music
Authors: Rosenberg Meisha
Published: August 2024

William Henry “Chick” Webb, swing-era drummer and bandleader, was one of the first celebrities of any race or background Americans of the twentieth century knew who had a visible physical difference. Webb contracted spinal tuberculosis in childhood, which caused his diminished height, curvature of the spine, and early death in 1939, at age thirty-four. While debates about high and low culture and anxieties about race animated representations of Webb in newspapers and the nascent jazz press, his musical career highlighted self-determination, pride, and humanity. Webb insisted on dignified bodily presence in a diversity of media. His music and image-making practices were predicated on those of other Black big bands, which in turn emanated from racial uplift ideology. Drumming, a physical art form, and Webb’s creative interrelationships with dancers and musicians, enacted his extraordinary embodiment.
Dead Weight
Authors: Huff Joyce L.
Published: August 2024

This chapter interrogates the practice of exhibiting fat corpses, a practice that has historically positioned the fat body as the endpoint of a cautionary tale designed to bring the bodies of spectators in line with bourgeois body management standards. It also examines ways in which live performers resist narratives that link fatness with death. The chapter begins with the nineteenth-century freak show, contrasting the potential for resistance inherent in interactive live performances with the objectifying display of fat corpses as spectacles, specimens, and textual representations. It then investigates two recent sites that represent fat bodies in opposing ways: the Body Worlds exhibit, which continues the tradition of othering fat bodies through the display of preserved corpses, and the work of performers Katy Dierlam and Eileen Rosensteel, whose one-woman shows resist othering and create space for the lived experiences of fat bodies
The Pedagogical Utility of Early Freak Show Scholarship
Authors: Wu Cynthia
Published: August 2024

This chapter describes the experiences of using the foundational texts in disability studies, specifically those that employ a cultural studies approach to freak shows, in the teaching of writing and research. It begins with one of the most rudimentary of skills—identifying and paraphrasing a monograph’s thesis—before moving onto a discussion of how students can actively engage with those debatable arguments. Next, it explains how these foundational disability studies texts can be used as models for developing long-form projects, such as a dissertation. In this way, it shows how researchers can maintain an awareness of their thinking, a metacognition that is process-oriented and, thus, allows them to remain open to unexpected and unplanned avenues of research.
Teaching the Extraordinary Body
Authors: Cassuto Leonard
Published: August 2024

This chapter considers a seminal course on freak show studies to reflect on the sources of that magnetism—and what freaks have to say to us, then and now. Put simply, what do freaks do, and why do they matter, in the classroom and out of it?
Nahuatl Is Very Fashionable Now
Authors: Pharao Hansen Magnus
Published: August 2024

This chapter describes the emergence of the current paradigm for relations between Nahuas and the Nahuatl language, and the Mexican nation and its governance. From the 1990s, Mexico began to redefine itself as proudly multicultural and in its public communications now emphasizes the rights to government support for indigenous languages and their speakers. The chapter analyzes the way that Nahuatl has been represented in public discourse, noting that there is a discrepancy between the overt expressions of intent and appreciation and the actual benefit of the concrete political initiatives for the speakers of indigenous languages. Rather, many of the uses of Nahuatl and other indigenous cultural elements in Mexican public culture seem to be ways of creating a cultural brand for Mexico that can be exploited commercially in relation to tourism and export. Nonetheless, it does adduce an ideological value to indigenous languages, which they have not previously been given.
The Statistical Analysis of Small Data Sets
Authors: Neuhäuser Markus , Ruxton Graeme D.
Published: August 2024

We live in the era of big data. However, small data sets are still common for ethical, financial, and practical reasons. Small sample sizes can cause researchers to particularly seek the most powerful methods to analyse their data; but they may be wary that some methodologies rely on assumptions that may not be appropriate when samples are small. The book offers advice on the statistical analysis of small data sets for various designs and levels of measurement. This should help researchers to analyse such data sets, but also to evaluate and interpret others' analyses. Potential challenges associated with a small sample and how these challenges can be mitigated are discussed. Generally, approaches that are often not especially difficult to apply are preferred; a focus is on permutation tests and bootstrap methods. However, topics such as meta-analysis, sequential and adaptive designs, and multiple testing are also discussed. The focus is on frequentist methods, but Bayesian analyses are also covered. R code is presented to carry out the proposed methods; many of them are not limited to use on small data sets. Approaches for computing the power or the necessary sample size, respectively, are also given.
Political Parties in Nigeria’s Fourth Republic, 1999–2019
Authors: Dan-Azumi Jake D.
Published: August 2024

There is little doubt that Nigeria’s democracy has significantly grown and improved since 1999, and political parties have played a significant role in that process. This chapter reviews the development of the party system in Nigeria’s Fourth Republic (1999–2019), showing how the dominant political parties emerged, progressed, and performed in the last four general elections. Data on the performance of the dominant political parties in elections are presented and discussed with a particular focus on how party structures and organizations have impacted the outcomes of elections. Whereas the multi-party system has remained the dominant model, Nigeria has de facto essentially operated a two-party system given the non-viability and weakness of other parties, and this trend is expected to continue. The character of the major political parties is not easily discernible as they appear primarily to be a loose amalgam of powerful interest groups desirous of obtaining and retaining power. The challenges facing political parties include weak regulatory frameworks, lack of internal party democracy, defections due to fluid party membership, and poor representation of women and other minority and vulnerable groups. Without significant reforms and the necessary political will, political parties in Nigeria can be expected to continue to be mere platforms for seeking political positions and not necessarily tools for democratic consolidation.
Rights and Right-Holding
Authors: Kramer Matthew H.
Published: August 2024

Rights and Right-Holding presents a rigorous philosophical investigation of the two phenomena mentioned in its title. With a lengthy exposition of the analysis of legal and moral positions that was propounded in the early twentieth century by the American legal theorist Wesley Hohfeld, it plumbs the logical relationships among such positions, and it amplifies the Hohfeldian analysis by showing how logical quantification has to be incorporated into Hohfeld’s schema. The volume then ponders the longstanding debates over the Interest Theory of right-holding versus the Will Theory of right-holding, as it champions the Interest Theory while undertaking some lengthy and innovative critiques of the Will Theory. Finally, it considers at length the ethical and analytical questions involved in ascertaining what sorts of beings are capable of holding claim-rights at all. In so doing, the book delves deeply into some foundational matters of moral and political philosophy even while it continues to engage with subtle points of logical quantification and analysis. It concludes that the beings capable of holding claim-rights include not only human adults of sound mind but also all other living human beings, many dead people, all future generations of people, and most non-human animals.
In Defense of the Correlativity Axiom
Authors: Kramer Matthew H.
Published: August 2024

This chapter takes up the one major task left over by Chapter 2. That is, it sustainedly defends the correlativity (or biconditional entailment) of claim-rights and duties against sundry criticisms marshalled by philosophers such as Joseph Raz, Jeremy Waldron, Neil MacCormick, and H.L.A. Hart. As the chapter shows, every one of those criticisms is either irrelevant or fallacious. The chapter also dismantles Nicolas Cornell’s attempts to maintain that legal or moral wrongs can be committed against parties who have not held any claim-rights to the non-occurrence of the actions or other events that are constitutive of the wrongs. In addition, the chapter explores further some of the aspects of logical quantification that were broached in the preceding chapter.
In Praise of the Interest Theory of Right-Holding
Authors: Kramer Matthew H.
Published: August 2024

Chapter 4 rigorously elaborates and defends the Interest Theory of right-holding. In so doing, it fills the major lacuna left by the Hohfeldian analysis. Whereas Hohfeld’s analytical scheme does not in itself enable anyone to identify the holders of claim-rights, the Interest Theory of right-holding provides a solid basis for identifying the parties who hold claim-rights correlative to specified duties. This chapter meticulously formulates the Interest Theory and charts its implications, and the chapter then defends the Interest Theory against a barrage of objections that have been broached over several decades. Having vindicated the Interest Theory in its principal form applicable specifically to claim-rights, the chapter then expounds a capacious version that encompasses every Hohfeldian entitlement that is properly designated as a “right.” Thereafter, the chapter mounts an array of critiques of the rival Will Theory of right-holding. It refashions some familiar critiques, and it propounds some powerful novel critiques.
Linguistic contacts and exchanges between Ostrogoths and Romans
Authors: Falluomini Carla
Published: August 2024

This chapter offers an overview of the linguistic contacts and exchanges between Ostrogoths and Romans during the Ostrogothic kingdom (AD 403–553). Several historical and documentary sources offer the image of a Gothic society that becomes progressively bilingual, while keeping its own language alive in the liturgy. After the Ostrogothic settlement in Italy, the strong numerical imbalance in favour of the Romans and the cultural weight of the Latin tradition led to a gradual bilingualism on the part of the Goths. The Latinization of the Goths continued until their definitive acquisition of the Latin language. At the same time, Gothic terms began to be known and used by Latin speakers as well. Several linguistic traces in Latin texts, in the Italian lexicon, and in onomastic forms contribute to depicting the historical and social relationships between these Germanic settlers and the Latin population in a period in which textual sources are scarce.
Temporally anaphoric nu and þan as discourse-structuring elements in Gothic
Authors: Ferraresi Gisella
Published: August 2024

Nu and þan are temporal locutions which correspond to English now and then, respectively. They arose from deictic elements and have cross-linguistically two functions. In the first, they both mark a change of situation introducing a new event or a state on the timeline of the narrative, taking their time reference from the utterance time (nu) or from a previously mentioned event (both nu and þan). In this function, their syntactic position in the clause triggers different readings: forwarding the narration, especially in the Topic position, or signalling elaboration of a previously described situation. In their second function, that of discourse particles, they are phonologically weak, second-position elements. Frequently the clause containing nu or þan is in a causal relation with an event or situation mentioned in the previous discourse. In their discourse-structuring function, nu and þan can mark a new intervening event or a new topic.
What Is Resistance?
Authors: Grint Keith
Published: August 2024

This chapter starts by challenging the tradition that resistance is a problem, often caused by ignorance or self-interest or political interference, and therefore something to be overcome by leaders. Instead, it suggests that resistance is inevitable, and indeed that resistance precedes leadership, because in the absence of resistance there would be no need for leadership. Furthermore, resistance is not a binary concept in either practical or moral terms. In other words, the gradient of resistance from working slowly to armed conflict is infinite, and resistance movements are not usually paragons of virtue but embody the contradictions and tensions that exist in all organizations. Those tensions include disputes about the value of specific forms of resistance and the chapter examines the way resistance has often been associated with the ‘romance of violence’, when oftentimes the more valuable work is embodied in the more mundane everyday tasks that tend to be overlooked. At the same time, the utopian ‘leaderless’ resistance movements are subject to criticism, while hovering in the background is Koestler’s warning that resistance leaders are faced with a terrible dilemma: if they maintain their humanitarian impulses, they are likely to be crushed by their more authoritarian opponents, but if they adopt the coercive features necessary to prevail—so called Dirty Hands—then they are likely to undermine the very purpose of the resistance.
Organizing and Suppressing the Resistance
Authors: Grint Keith
Published: August 2024

This final theoretical chapter explores the mechanics of resistance through the lens of problems and decision-making. It starts with delineating the difference between Wicked, Tame, and Critical Problems and their associated decision styles: Leadership, Management, and Command. The model has several implications: first, resistance movements need to be adept at all three decision modes, and not just the leadership approach beloved by more traditional approaches. Second, a particular problem facing resistance movements is the management of logistics—can they sustain their members for long periods of strike activity, or can they supply guerrillas in the field for the long years often required to topple a dictatorship? Third, this does not mean the book offers a conventional contingency theory in which resisters should do what the context ‘demands’, because oftentimes it is the resisters or their opponents that actively construct the context, rather than just respond to it. As we will see in the Iraq War, the debate about weapons of mass destruction (WMD) was a trigger point in the Allied invasion, but the arguments of the Western civilian resistance that there were no WMD did not prevent the war. Instead, Bush and Blair managed to construct the situation so that sufficient individuals and groups were persuaded to support the invasion. Finally, the chapter concludes with an examination of the strategy of reticulation, the netting of supporters to become active followers in the resistance, or its suppression.
Resisting Roman Imperialism in Britannia
Authors: Grint Keith
Published: August 2024

The revolt of the Iceni tribe against the Romans has long held a fascinating place in British history. This chapter explains the cause and consequence of the revolt and sets it against the familiar Roman penchant for effective logistics and command culture. Boudica may have embodied extraordinary leadership skills in rousing the collective against their oppressors, but that was never sufficient to defeat Rome. Moreover, the place of Boudica in the narrative has proved to be a lodestar for the cultural proclivities of the day, and especially when her gender threatened the patriarchal mores of both Roman and then British culture. It ends with questions about the way the British establishment, including Churchill, warned against supporting indigenous resistance when a ‘superior’ culture had already imposed a more ‘civilized’ society—just as the British Empire began to unravel.
The 1888 Matchworkers’ Strike and the Beginnings of New Unionism
Authors: Grint Keith
Published: August 2024

The Matchworkers’ Strike of 1888 marks the beginnings of so-called New Unionism, that is the recruitment to general (unskilled) trade unions rather than the skilled trade unions that had hitherto dominated British industrial relations. Despite the claims of many observers and writers since, the resistance of the matchworkers (almost all of whom were women and girls) was organized by them in response to increasingly exploitative and coercive controls by the Bryan and May owners. And whatever the newspapers, employers, and government of the day may have suggested, they were not in thrall to left-wing politicians. The successful resistance not only achieved the removal of onerous conditions at work but stimulated the growth of New Unions across the rest of industry and marks a landmark of work-based resistance. However, the matchworkers were not at the forefront in the fight to outlaw dangerous work practices that led to phossy jaw; that was down to intrepid journalists, which points to the diversity of resistance practices possible.
Class and Gender Resistance in the British Post Office
Authors: Grint Keith
Published: August 2024

If the matchworkers hovered at the lower end of the labour market in terms of rewards and conditions, post office workers inhabited the opposite world, where permanent work, pensions and decent wages prevailed, at least for the adult male employees. But this was not always the case and some of the success of the men was at the expense of the women. This chapter traces the origins of those developments and focuses upon the resistance emanating from the male-dominated trade unions, especially during the interwar period. That, in conjunction with a notoriously effective disciplinary system, as well as a conservative management and political leadership, ensured that the struggle for women’s equality was less dependent upon women themselves, and more on a labour market that considered the costs of labour more than it was concerned with the rights of women and eventually forced men in management and trade unions to acquiesce to demands for equality.
Dutch Resistance to the Germans
Authors: Grint Keith
Published: August 2024

This chapter considers the role of the Dutch Resistance. Two issues inhibited their utility right from the start: the geography of the country—flat and unforested—meant hiding large groups of resisters was much more difficult than in France, and second, the Special Operations Executive (SOE) was infiltrated by the Germans, right from the outset. Despite this, the Dutch were the only group to protest about the initial transport of Jews yet suffered the highest loss of Jews across Europe. Much of this was related to the political splits within the Dutch that witnessed a significant support for national socialism; indeed, the Germans assumed the Dutch occupation would be peaceful given their alleged cultural affinity to the Germans. In fact, the Dutch also generated an array of resistance groups who organized escape lines for Jews and downed Allied air crew and hid those seeking to avoid the Germans. Several small groups also focused on the assassination of high ranking Germans and Dutch collaborators. With many Dutch men transported to Germany, many of the most efficient operatives were women, and many of those hiding Jews and escapees were also women. After the war the retributions inflicted on the collaborators were initially brutal but many of those deemed to have helped the occupiers remained free, partly because it was difficult to discern who was guilty, but also because the Dutch government, like those of all the occupied countries, wanted to portray their citizens are upright heroes, not complicit collaborators.
Military Patriarchy
Authors: Grint Keith
Published: August 2024

This chapter follows the attempt by women in the Second World War to fly for the British Air Transport Auxiliary (ATA), the organization that ferried Royal Air Force (RAF) aircraft from factories to maintenance units and to RAF stations. It reveals how the conjunction of a group of dedicated women pilots, with an increasingly dire military situation in the UK, forced the patriarchal and misogynist establishment to change its policies, and how women went from ferrying simple training aircraft to the most complex four-engined bombers in the space of the war. At every step there were political roadblocks thrown in their way, but each was dismantled, and, in turn, that led to the acquisition of equal pay for women pilots—a trailblazing achievement that set the post-war equality movement on its way. Despite this the post-war era saw the dismantling of ATA and with it the return of patriarchal control over British skies, at least in the short run.
Toward the Good Society: An American Path
Authors: Kenworthy Lane
Published: August 2024

America is a very rich nation. And in coming decades we will become richer still. Despite our affluence, however, too few ordinary Americans have adequate economic security, too few who grow up in disadvantaged circumstances are able to reach the middle class, and too few have seen their boat lifted when the economic tide rises.
The Inflation of Rank and Privilege
Authors: Dillon John Noël
Published: August 2024

The title of this chapter makes reference to a common, disparaging description of the proliferation of honorary titles and corresponding ranks and privileges in the later Roman empire. Rank inflation as a late-antique phenomenon gives occasion for reflection on the dynamics of officeholding and imperial honors, which were set in motion by Constantine and remained vigorous throughout the fourth century. The concept of “rank inflation” is not as simple, however, as one might first assume. In this chapter, I examine it from three perspectives. In the first section, I consider the nature of the inflation customarily attributed to the titles and honors of the fourth century ad and afterward. This seems advisable because there are different kinds of inflation, and if inflation is used as a metaphor to describe the elaboration of ranks and titles, it is important to establish what that metaphor means. The beginnings of the process usually described as the inflation of ranks and titles under Emperor Constantine occupy the second section. Obviously, if the value of the ranks and titles conferred by the emperor underwent “inflation,” this will have defeated the emperor’s purpose.
Ostentatious Legislation
Authors: Schmidt-Hofner Sebastian
Published: August 2024

The years 364–365 occupy a unique place in the history of late Roman legislation. Each of these years yields around eighty imperial constitutiones (the type of legal enactment carrying general force that was collected in the Theodosian and Justinianic Codes); this is more than four times the average of approximately seventeen constitutions per year in the fourth and fifth centuries and still considerably more than the fifty to sixty laws extant from the next-best documented years covered by the Theodosian Code. The numbers are all the more impressive in view of the fact that the laws are almost entirely Valentinian’s; his co-emperor Valens’ legislation is almost totally lost. This outburst of legislative activity demands an explanation. To be sure, it is notoriously difficult to draw historical conclusions from the number of extant laws per year: the transmission of late Roman legislation is largely deficient, much having already been lost when the Theodosian Code was compiled in the 430s.
Health, Well-being, and Popular Music in Africa
Authors: McConnell Bonnie B. , Ceesay Hassoum , Darboe Buba , Gaye Malick , Glover Vivette , Huma Hajara B. , Sanfilippo Katie Rose M. , Stewart Lauren
Published: August 2024

This chapter examines the role of popular music in health communication in Africa, a topic that has received attention from scholars across a range of disciplines, including ethnomusicology, popular music studies, anthropology, and public health. The authors provide a critical overview of significant themes in the literature, including the challenges and benefits of entertainment education approaches, the politicization of health knowledge, celebrity role models, and illness-related stigma. The chapter examines the CHIME project in the Gambia, which employed an interdisciplinary partnership approach to address maternal mental health awareness through popular music. It shows that popular songs offer insight into local perspectives and experiences of health and illness, as well as tools for promoting mental well-being.
Musical Artivism and Social Media in the Bolsonaro Era
Authors: Reily Suzel Ana
Published: August 2024

This chapter investigates musical artivism among musicians, most of whom are amateurs, from various parts of Brazil, who, in response to the rise of the Far Right and Bolsanismo, began to produce carnival marches, or marchinhas, lampooning Bolsonaro and his followers, which they posted to social media. Marchinhas have historically been seen as arenas for the expression of social critique through humorous song lyrics, and double meanings. After samba became the primary rhythm to accompany carnival in Brazil, however, marchinhas became somewhat forgotten. Since the 2000s, street carnival, spearheaded by blocos carnavalescos (organized street carnival associations), the marchinha has made a majestic comeback, many following the tradition of targeting politicians and public policies. Following conversations with various marchinha composers, particularly those with social media profiles, the chapter addresses their understandings of their activities and its effectiveness as a political tool.
The Managerial Prerogative and Variation of the Employment Contract
Authors: Riley Munton Joellen
Published: August 2024

The concept of ‘managerial prerogative’ captures the assumption embedded in employment law that the employer is entitled to direct employees in the manner of performance of work. This prerogative explains the employee’s implied duty of obedience to ‘lawful and reasonable’ orders. The prerogative is, however, constrained by common law doctrine and, in more recent times, by statutory constraints, such as human rights and discrimination laws. This chapter examines the extent of the prerogative and the consequences of an employer overreaching the prerogative and thereby being found to have proposed a variation to the employee’s original employment contract. The chapter includes discussion of the role played by human resources policies and codes of conduct in asserting managerial prerogative, and the (potential) constraint imposed by the mutual obligation of trust and confidence in the employment relationship.
Decolonizing the Right to Strike
Authors: Máximo Flávia
Published: August 2024

This chapter intends to unveil the coloniality in strikes’ juridification, given that labour law has always considered Eurocentric labour sociality as the world’s ‘typical work’. Namely, the right to strike has never reflected the ‘global south’ working-class’ forms of living, becoming a resistance to only very specific ways of working, those in which the industrial capital relation is centred. To clarify these assumptions in this chapter, Section 1 covers, by looking at the past, the connection between coloniality and the illegality of ‘other forms of collective action’, especially those exercised by ‘non-white’ people and women from the ‘global south’. Section 2, by living in the present, covers recent collective actions from the ‘global south’ that attack colonial aspects still present in the right to strike. Finally, Section 3, speculating about another future, questions whether the most adequate legal protection for collective actions, from a decolonial perspective, can be found in labour law.