bluuebunny/crossref_metadata_2025 huggingface dataset:
6 Developments and Achievements in Education
Authors: Londoño-Vega Patricia
Published: January 2010

This chapter begins by discussing the developments and achievements in education during the late 19th century and in the early decades of the 20th on a national scale in Antioquia. It also presents the social valuation of education in the region. It also mentions and investigates some educational institutions run by religious orders. It examines higher education and technical instruction institutions established in Antioquia.
7 New Cultural Societies
Authors: Londoño-Vega Patricia
Published: January 2010

This chapter discusses the emergence of a wide range of cultural societies brought by the advances in formal education achieved in Antioquia from the middle of the 19th century to the 1920s. It adds that these cultural societies were classified as literary circles and artistic and theatrical groups; public libraries; scientific and pedagogical societies; civic and moral associations; bands, ensembles, orchestras, and academies of música culta, ‘civilised music’; temperance societies; and social clubs. It defines the words culture and civilised and investigates Antioquian culture and civilisation. It assesses in detail the classifications of cultural societies. It clarifies that most cultural entities and associations were the result of individual initiatives. It explains that a vigorous cultural dynamism was demonstrated by the upsurge of voluntary associations in Antioquia.
Final Comments
Authors: Londoño-Vega Patricia
Published: January 2010

This chapter begins by discussing that in the recent past, numerous associations bind Antioquian people together across class, promoted either by individual initiative, by the Church, or by the government. It then explains that the dynamism and positive outlook of Antioquia, mirrored in the proliferation of these societies, coincided with the economic expansion of the region. It adds that by the 1920s, the region was the busiest economic nucleus in Colombia, and led the modernisation of the country. It notes that sociability did not abolish class distinctions. It argues that even after facing years of threats posed by the drugs trade and the growth of guerrilla and paramilitary numbers and activity, the Antioquian society demonstrated the degree of resistance and even the capacity to recover. It suggests that the region’s past has played a more important role than is now conventionally accepted in responding to challenges posed by recent difficulties.
Towards a Pan-Mandarin System for Prosodic Transcription
Authors: Peng Shu-hui , Chan Marjorie K. M , Tseng Chiu-yu , Huang Tsan , Lee Ok Joo , Beckman Mary E.
Published: January 2010

This chapter describes the initial stages of development of a Pan-Mandarin ToBI system. It reviews the salient prosodic characteristics of Mandarin, such as lexical tones, tone sandhi, tonal neutralisation, stress patterns, pitch range effects, and prosodic groupings above the syllable level. Particular attention is paid to the range of variability within a common structural core, in addition to points of reference to other varieties of Chinese and to other languages. It then proposes a codification of conventions for marking prosodic structure and an inventory of tones in two standard varieties (i.e. Putonghua of Mainland China and Guoyu of Taiwan) and one regional variety of the language (i.e. Rugaohua, a Jianghuai Mandarin variety). Also built into the system is the capability to accommodate interactions, such as code-switching events, between different varieties of Mandarin and perhaps between Mandarin and other varieties of Chinese (and other languages) in different social contexts.
Intonation in Six Dialects of Bininj Gun-wok
Authors: Bishop Judith , Fletcher Janet
Published: January 2010

It is particularly significant to examine the intonational systems of typologically diverse languages in light of renewed interest in ‘intonational universals’. As yet, only a handful of indigenous Australian languages possess significant intonational descriptions. This chapter examines the intonational phonology of six closely-related varieties of a Northern Australian language, Bininj Gun-wok, also known as Mayali. It then outlines transcription conventions that are designed to transcribe significant prosodic events in this language and its various dialects.
Intonational Variation in Four Dialects of English: the High Rising Tune
Authors: Fletcher Janet , Grabe Esther , Warren Paul
Published: January 2010

This chapter investigates phonetic and phonological aspects of rising tunes, and to a lesser extent, pitch accent realization in certain varieties of English, namely, General Australian English, New Zealand English, Glasgow English, and other Northern British English varieties. Differences among the varieties are also described relative to the typological framework outlined in Ladd (1996), whereby intonational differences are either semantic, systemic, phonetic, and phonotactic. The chapter also examines how transcription systems can deal with sociophonetic aspects of tonal variation within and among these varieties, focusing in particular on the ‘rising’ tunes that often accompany declarative statements in many of the above mentioned varieties. An example of one of these rising tunes is what is often referred to as the characteristic ‘HRT’ (high rising terminal) of Australian English and New Zealand English. Two approaches to the transcription of these differences are discussed.
Introduction
Authors: HARRIS J. W.
Published: January 2010

This introductory chapter begins with a brief discussion of the purpose of the study, which is to enquire into those reasons which, allegedly, justify property institutions and in their light to investigate some questions about of institutional design and resource allocation. It then discusses the elusiveness of property and the meaning of the term ‘property’.
Imaginary Societies
Authors: HARRIS J. W.
Published: January 2010

This chapter discusses imaginary societies: Forest Land, Status Land, Red Land, Contract Land, Wood Land, and Pink Land. In Forest Land the members of a tribe live together in a communal dwelling constructed of wood, grass, and leaves. Status Land resembles Forest Land, except that its inter-personal and environmental rules are structured and interpreted around an organizing idea which the Forestlanders lack — the notion of status. Red Land is a modern country committed to the uncompromising socialization of all resources. Contract Land is like Red Land, except that the discharge of obligations and the allocation of good are not exclusively governed by the goals of collective living to which the citizens are committed. Wood Land is similar to Forest Land, except that its population has expanded, and its members have begun to range over wider areas to collect food and kill game, and it has evolved techniques for manufacturing some types of artifacts — weapons, traps, skinning tools, and grass ropes. Pink Land is similar to Red Land, except that the licenses to use scarce items are in different terms.
Ownership as a Principle
Authors: HARRIS J. W.
Published: January 2010

This chapter examines ownership as principle. It argues that invocations of ownership as principle differ from other aspects of juristic doctrine in that ‘ownership’, in common law systems, is not a term of art. Ownership interests derive their imprecise and fluctuating import from the wider culture of the community in which the property institution is situated. Ownership and trespassory rules, ownership and property limitation rules, and ownership and expropriation rules are discussed.
Private and Non-private Property
Authors: HARRIS J. W.
Published: January 2010

Critics have seldom attempted any analysis of modern property institutions which exhibits that which unites, and that which divides, differing conceptions of property — in particular, what precisely is ‘ownership’ when ascribed to private persons or groups or to agencies discharging public functions. This chapter attempts this task. It shows that conceptions of private property are logically prior to conceptions of non-private property, and that justifications for the latter are parasitic on justifications or disjustifications for the former.
Natural Property Rights and the Assault Analogy
Authors: HARRIS J. W.
Published: January 2010

It was suggested at the beginning of Chapter 11 that natural rights are such rights as to follow from the interaction between the requirements of just treatment and the facts of the world. The third element of the minimalist conception of justice, set out in Chapter 10, is the prohibition of unprovoked invasions of bodily integrity. Assaults on the human being are natural wrongs. Could it be the case that — by virtue of a relationship that has arisen between an individual or a group and some physical or ideational resource — any intermeddling with that resource would, in practice, constitute an assault? It is possible to build, on the prohibition of invasions of bodily integrity to the point at which one has reach a natural property right? This chapter considers this possibility in the context of three kinds of relationship to resources: first occupancy, personhood-constituting, and privacy.
Property and Freedom
Authors: HARRIS J. W.
Published: January 2010

This chapter considers whether there are moral property rights falling within the last of the seven categories set out in section (ii) of Chapter 10 — that is the moral standing of a person or group to insist that a property institution of some kind be in place in a particular society. The liberal conception of ownership, Hegal and property freedoms, mere property freedoms, and property transmission freedoms are discussed.
Against Property Freedoms
Authors: HARRIS J. W.
Published: January 2010

This chapter considers various arguments against property freedoms. Topics discussed include interior and ulterior limitations, fetishism, disparities in wealth, and domination-potential. It shows that none of the anti-property-freedom arguments considered yields the conclusion that any of the freedoms vouchsafed by the ownership spectrum are, intrinsically, to be excluded from the just society. They are never sacrosanct, but as freedoms they have prima facie value.
Large Firms and Institutional Change
Authors: Hancké Bob
Published: January 2010

Between 1980 and 1985, the French economy and industry faced a dramatic crisis; in the ten years that followed, it witnessed a remarkable revival. How did the French economy make this transition? While the state is still an important economic agent in France, and the market certainly has become more central in the organization of the French economy, both state- and market-centred perspectives fail to understand critical elements of this adjustment. Building on the new Varieties of Capitalism approach in political economy, which puts firms at the centre of the analysis, this book argues that the post-war, state-led system changed into a system organized by and around the large firms. Large firms have always been central in the French post-war economic development model. In the past, however, they adapted to patterns set by the central state. By exploiting the possibilities in government policies in different areas such as finance, labour relations, and regional policies, the large firms were able to induce their main interlocutors — the state, banks, labour unions, workers, and small firms — to adjust in a way that was congruent with their own interests. From subservient economic agents, they became the drivers of economic adjustment. Through this case study of readjustment in France, this book offers a critique of neo-institutionalist perspectives on firms. By analysing how large firms in France changed their institutional environment to fit their own needs, this book offers a perspective on the political economy of industrial and economic change.
3 Rethinking the French Political Economy: Bringing Firms Back In
Authors: HANCKÉ BOB
Published: January 2010

This chapter develops the key argument of the book and sets the stage for the four detailed empirical case studies of company and industry level adjustment that follow. If the French economy appears neither blocked in reform, nor excessively dependent on the state, the focus on state and market as adjustment mechanisms needs to be replaced by a different focus. The chapter examines the role that large firms have played in corporate governance, labour relations, and industrial organization.
6 Grinding Vegetables—to a Halt: Delayed Adjustment in Moulinex
Authors: HANCKÉ BOB
Published: January 2010

The third case study is a case of delayed and ultimately failed reform. The consumer electronics and small kitchen appliances producer Moulinex entered a crisis like many other large companies in France in the 1980s, but failed to reorganize its corporate governance structure for a long time. Thus, the crisis was prolonged without clear direction for the company, and ultimately, Moulinex entered bankruptcy proceedings in the early 2000s.
Negative and positive positivism
Authors: Coleman Jules L.
Published: January 2010

This chapter presents and defends a version of legal positivism, relying on two distinctions: one between epistemic and ontological conceptions of the rule of recognition, and the other between negative and positive positivism. The chapter argues that positivism is committed to the rule of recognition as a semantic or ontological rule only, and that its essential positive claim is that the authority of law everywhere is a matter of social convention. These points, taken together, make legal positivism both interesting and defensible. Because negative positivism is essentially a negative thesis, it cannot be undermined by counter-examples, any one of which would show only that, in some community or other, morality is a condition of legality at least for some norms.
Rethinking the theory of legal rights
Authors: Coleman Jules L.
Published: January 2010

This chapter examines the classical liberal theory of rights, which holds that rights protect or secure a domain of autonomy. To have a right is to have control or liberty over that to which one is entitled. Guido Calabresi and others working within an economic framework have argued that rights can be secured either by property rules or by liability rules. Property rules secure rights by entitling people who hold rights both to exclude others from making use of protected property and to transfer protected property on terms agreeable to them. Liability rules secure rights by giving non-entitled parties the freedom to take what right owners possess provided they compensate ex post. There is an apparent conflict, then, between liability rules and the classical liberal conception of rights. The chapter offers a way of thinking about legal rights in which both prima facie plausible claims must be abandoned.
Efficiency, auction and exchange
Authors: Coleman Jules L.
Published: January 2010

This chapter distinguishes between Pareto optimality, Pareto superiority, and Kaldor-Hicks efficiency, and provides an extended discussion of the Coase theorem. One of the central claims in this chapter is that the economic analysis of law relies largely on the Kaldor-Hicks criterion of efficiency, less on Pareto optimality, and almost not at all on Pareto superiority. This is important, especially from a normative point of view. What justifies the use of public power, that is, courts, legislatures and administrative agencies, in pursuing efficiency? In his essay Theory of Negligence, Richard Posner shows that a large number of negligence cases were decided along lines of economic efficiency.
The morality of strict tort liability
Authors: Coleman Jules L.
Published: January 2010

This chapter argues that strict liability in torts is both defensible and central to all forms of tort liability. For example, the rule that injurers can be penalised only when they are at fault can be thought of as a form of strict victim liability. Under this rule, a victim bears a loss when an injurer's conduct is faultless, even though the victim may also have acted appropriately. In torts, then, the question is often which of two blameless parties ought to bear the costs of an accident; and so issues of strict liability, rather than being peripheral to tort law, are at its very core.
Corrective justice and wrongful gain
Authors: Coleman Jules L.
Published: January 2010

This chapter makes a distinction between two questions: what grounds a victim's claim to recovery, and what justifies holding an injurer liable for the harms his conduct occasions. That these two questions are distinct can be seen from the fact that a society could permit all victims to seek compensation for all injuries (other than injuries that are self-imposed) while providing that injurers can be held liable only when their conduct is faulty or negligent. Such an arrangement might be undesirable, but that would be a normative matter, not an analytic one. In other words, it is not analytic that compensation flows from an injurer to a victim. That is tort practice, one that needs a defense. By distinguishing between the grounds and modes of recognition, the chapter tries to show how a scheme of no-fault liability can be made consistent with the demands of justice in liability.
Justice in settlements
Authors: Coleman Jules L.
Published: January 2010

This chapter discusses the practice of settling disputes instead of fully litigating them. Since settlements often depart from the requirements of individual desert, the practice of encouraging settlements requires a defense. The chapter also points out that further questions of justice can arise after disputes settle, especially in certain categories of cases. The most important of these categories, the class action, is examined, specifically, whether compensatory or corrective justice demands that monies paid in settlement of class actions be distributed among class members, as the law currently requires. The chapter argues that in certain class actions called paradigm class actions, justice does not require this result. Instead, the principle that people should be compensated for wrongfully inflicted losses leaves open the possibility that monies paid in settlement of paradigm class actions could be used in other ways, including ways that deprive class members of benefits entirely.
Market contractarianism
Authors: Coleman Jules L.
Published: January 2010

This chapter discusses two theories about legitimate political authority. The first is that political institutions are justified because they emerge as the outcome of a rational bargain among individuals who recognise the state of nature as a prisoners' dilemma. The state of nature thus constitutes a form of market failure, and coercive political institutions are justified as solutions to the problem of market failure. This is termed thin market contractarianism. In contrast, thick market contractarianism is the view that political authority is justified not only to rectify market failure, but also to make possible the conditions of market success in the classical economic sense. The chapter introduces a move from classical economic models to more general rational choice models, especially bargaining theory. What was once seen largely as market failure problems, are now bargaining problems embedded in prisoners' dilemmas.
Unanimity
Authors: Coleman Jules L.
Published: January 2010

This chapter explores the view that, on both economic and moral grounds, unanimity is the preferable voting rule. Unanimity captures the essential Paretian and consensual features of market exchange, and is thus uniquely defensible on both market and moral grounds. Departures from unanimity are unavoidable but must be seen as necessary evils. The usual criticism of unanimity is that it unjustifiably favors the status quo. The chapter asks whether unanimity actually bears the relationship to market exchange that its proponents take to justify it uniquely.
Democracy and social choice
Authors: Coleman Jules L.
Published: January 2010

The modern theory of social choice contains a number of attempts to develop a defence of particular voting or collective decision procedures by appeal to axioms aimed at characterising one or another aspect of procedural fairness. This chapter examines democracy and social choice based on the work of William Riker, who has argued that social choice theory undermines the coherence of populist democratic theory and makes plausible only a very weak form of Madisonian liberalism. In Riker's view, voting is legitimate and desirable only because it enables us to remove officials, thereby constraining their ability arbitrarily to constrain our liberty over time. Riker claims not only that attempts to justify decision rules on procedural or axiomatic grounds fail, but also that proceduralism is itself an inadequate basis for evaluating collective decision-making institutions.
Morality and the theory of rational choice
Authors: Coleman Jules L.
Published: January 2010

This chapter considers the possibility of analysing morality as a solution to the problem of market failure. Here, morality is viewed as the outcome of a rational bargain nested in a prisoners' dilemma. In his book Morals by Agreement, David Gauthier argues that morality can be the outcome of a rational bargain. The chapter takes up the possibility of deriving morality from rationality. Whatever the specific shortcomings of Gauthier's argument, its great power is in seeing the deeply instrumental nature of morality. Morality is a social construct devised to solve problems that arise from the logical structure of human interaction. Like much of our normative life, a defensible morality is tied up with mutual advantage in ways the market failure-prisoners' dilemma paradigm enables us to see — to which other ways of modelling the problem blind us.
Risks and Wrongs
Authors: Coleman Jules L.
Published: January 2010

This book is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The book approaches the subject from the premise that the market is central to liberal political, moral, and legal theory. The first part of the book rejects traditional rational choice liberalism in favor of the view that the market operates as a rational way of fostering stable relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to this book, is as an institution designed to reduce uncertainty and thereby make markets possible.
Filling in the gaps
Authors: Coleman Jules L.
Published: January 2010

This chapter addresses the question of how incomplete contracts are to be interpreted and by what principle are incomplete contracts to be complete. When transaction costs make an explicit agreement to costly ex ante, the court should apply a default or gap-filling rule that ‘mimics’ the outcome of a hypothetical contract between them. The hypothetical contract is the one the parties would have made had the transaction costs not made their deal so irrational. The chapter presents a theory that invites characterizing the ex ante contract in rational bargaining terms: If the actual contract expresses what the parties take to be a rational agreement between them, then when their agreement is incomplete and needs to be interpreted or filled in by a court it should express what it would have been rational for the parties to agree to. The move from actual to the hypothetical should not change the content of the principle.
The goals of tort law
Authors: Coleman Jules L.
Published: January 2010

This chapter argues that we can only go so far in understanding accident law if we begin by trying to understand it as having certain goals and policies external to it that can be identified without regard to the practice itself. It discusses tort law as a form of ordering, two forms of instrumentalism, the goals of tort law, and the moral goals of tort law.
The mixed conception of corrective justice
Authors: Coleman Jules L.
Published: January 2010

This chapter distinguishes between three different conceptions of corrective justice: the annulment thesis, the relational conception of corrective justice, and a mixed conception of corrective justice. It then defends one of these conceptions — the view that it is the duty of wrongdoers in corrective justice to repair the wrongful losses for which they are responsible.
Corrective justice and tort law
Authors: Coleman Jules L.
Published: January 2010

Chapter 17 developed the relevant conceptions of wrongdoing and wrong, outlined the relevant theory of responsibility, and explored some ways in which the underlying norms sustained by corrective justice are constrained by the facts that corrective justice imposes moral reasons for acting and constitutes a kind of justice between parties. This chapter develops the connection between corrective justice so conceived and the core of Anglo–American accident law.
Is Establishment Consistent with Religious Freedom?
Authors: AHDAR REX , LEIGH IAN
Published: January 2010

According to the prevailing view, freedom of religion is necessarily a condition that can exist only in the absence of an established church or faith. A nation that singles out a church for special privileges or accords it a unique higher status is, broadly speaking, being ‘unfair’ and unjustly discriminates against adherents of other faiths (including those of no religion). Those who do not belong to the established faith may feel marginalised, perhaps even demeaned. This chapter argues that establishment is not antithetical to religious freedom and that religious liberty, properly understood, can co-exist with religious establishment as a matter of principle. It rejects the incompatibility position, namely, that the two concepts, religious freedom and establishment, are inherently at odds with one another. The contrary view, the compatibility position, is a stance that sees no inherent dissonance between the two concepts. The chapter concludes by looking at the principal objections to the compatibility defence — the alienation and inequality charges — and briefly reiterates the practical impossibility of perfect state neutrality.
Families, Parents and Children
Authors: AHDAR REX , LEIGH IAN
Published: January 2010

This chapter examines religious freedom issues that concern the family and parents. There can be no doubt that religiously devout parents are vitally interested in the successful transmission of their faith to their offspring. This is one of the prime incidents of religious liberty. The current law governing family autonomy and the religious upbringing of children is outlined, and liberal and religious conceptions of the family and childrearing are compared. The chapter looks at three controversial topics: whether a maturing child has an independent right of religious liberty, the scope of religious childrearing in the fractured family, and whether devout parents have any special religious claim to administer corporal punishment to their children amidst the growing international call for the abolition of the parental right of reasonable chastisement.
Employment
Authors: AHDAR REX , LEIGH IAN
Published: January 2010

This chapter discusses issues related to employment and religious liberty: the status of ministers of religion, the position of religious employees in a secular workplace, and the question of religious freedom and religious employers. Devout employees may be working within a religious framework of understanding where the final constraint on their workplace behaviour is not their employment contract but, rather, their conscience. The ‘work’ to be done can be judged from a fundamentally secular perspective, which can be characterised as an ‘instrumental’ approach — focusing on the specific task of the person concerned. In the ‘organic’ approach, however, the employee is expected to participate in the mission of the organisation as a whole in a way that cannot be confined to a job description. Religious employers clearly are one type of employer that may take this approach.
Authorial Voice and Narrative Management in Herodotus
Authors: Brock Roger
Published: January 2010

Herodotus exhibits a distinctive authorial persona: stylistic features such as prospective sentences, anticipatory constructions, and ring-composition advance the narrative and mark its progress, while signposting and transitional markers lead the audience through it. He alludes to the progress of the narrative, provides cross-references, and asides which serve as explanatory footnotes; engages with the audience in rhetorical questions and second-person addresses, and in other ways reveals his thinking. This is not a product of naïve oral style: he is capable of sophisticated periodic prose, and the work is artfully structured; rather it is a deliberate response to his complex and multifarious material and its broad time-frame and large cast, designed to reassure and guide his audience and to establish his authority.
Panionios of Chios and Hermotimos of Pedasa (Hdt. 8. 104–6)
Authors: Hornblower Simon
Published: January 2010

This chapter focuses on one of the grimmer stories in Herodotus, and its grimness may explain its neglect in most modern books about him. The context of the story in Book 8 (104-6) is the defeated Xerxes' decision in 480 bc to send his children ahead of him to Ephesus. They are to be accompanied there by Artemisia Queen of Halikarnassos, but guarded by Hermotimos of Pedasa, second to none among the king's eunuchs. It is argued that this story is not literally true. It conforms to a story pattern of a biblical type, the story in two halves of Joseph the Jew who became Joseph the Egyptian. Hermotimos is a Karian who is physically maltreated by castration and sold into Persia by a man from Chios called Panionios, who bears a unique personal name suggesting the Ionian festival and religious centre called respectively the Panionia and the Panionion. This half of the story stands for the combined process by which colonizing Greeks on the one hand subjugated the indigenous inhabitants of the East Aegean region, while on the other hand asserted their own superior and exclusivist identity by forming groupings such as the Panionion.
Herodotean Chronology Revisited
Authors: Rhodes P. J.
Published: January 2010

This chapter studies the kinds of chronological information given in Herodotus' history, arguing that there is a Persian-based series of dates for the Ionian Revolt and the Persian Wars, 500-480 (and reviving the suggestion of W. G. Forrest that a notorious problem can be solved if we believe that Darius' heralds to Greece were sent before Mardonius' campaign of 492 rather than before Datis' and Artaphernes' campaign of 490); before that he has no systematic chronology but regnal years and similar data which have come to him with his various stories, but if we try to combine his data as he himself did not we find that they are more often compatible than problematic.
Who Was Actually Buried in the First of the Three Spartan Graves (Hdt. 9. 85. 1)? Textual and Historical Problems
Authors: Gilula Dwora
Published: January 2010

Rosén's is the last major edition of Herodotus' text, but it has not as yet replaced that of Hude as the preferred text used by students of Herodotus. This chapter discusses several examples that illustrate the various non-linguistic considerations that led editors and scholars to emend the text and change its meaning, even against the consensus of all the MSS. All the examples are from Books 8 and 9 of Herodotus, emendations that passed from generation to generation, from one edition of the text to another, gaining honour, acceptance, and permanence with the passage of time.
Oracles for Sale
Authors: Bowden Hugh
Published: January 2010

This chapter examines the role of chresmologoi (oracle interpreters) and written collections of oracles in the life of the Greek cities in the archaic and classical period. It demonstrates that the hostile picture of chresmologoi and manteis (seers) found in the works of Aristophanes and other writers is not accurate. Epigraphic and other evidence shows that religious experts like these were given honours by cities, and their advice was formally sought. Cities held collections of written oracles, guarding them carefully and consulting them on a range of issues.
Environmental Principles
Authors: de Sadeleer Nicolas
Published: January 2010

This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Since the early 1970s environmental issues have taken on an ever increasing profile. This has been due in part to a fundamental change in the type and scale of risk posed by industry. Issues such as global warming, GM food, and mad cow disease typify the new kinds of risk: potentially catastrophic consequences could ensue yet there is no scientific agreement over their precise causation, duration and other concerns. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter-pays principle, the preventive principle and the precautionary principle. The author examines the legal force of these principles and in the process offers a novel theory of norm formation in environmental law by unearthing new grounds of legality, comparing environmental laws across Europe, the Unites States and Australia. The book will be of interest to all with an interest in environmental law and policy, in the relationship between law and science, and in the ways in which political and ethical values can become embodied in laws.
Theoretical Presentation of Modern and Post-Modern Principles
Authors: DE SADELEER NICOLAS
Published: January 2010

This chapter begins by identifying the various elements that together define modern and post-modern law. It explains how legal principles function within each of these legal models, for both international and municipal law, with particular attention to the role they assume in the field of environmental law. It highlights the distinction that must be made between General Principles of Law, which are characteristic of modernity, and directing principles, which are better suited to adapting to the shifting forms that characterize current public policies including environmental policy. It demonstrates that directing principles do not represent a complete break with modernity, since they eventually result in the rediscovery of the same values upon which modernity is based. It explains that post-modernity is not merely a chaotic system composed of anti-modern elements; rather, it is a system whereby chaotic elements are ordered differently from modern law.
The Legal Status of the Directing Principles of Environmental Law: From Political Slogans to Normative Principles
Authors: DE SADELEER NICOLAS
Published: January 2010

This chapter explains that the fact that these directing principles are set out in texts of varying status does not deprive them of normative effect. On the other hand, by being recognised in provisions with normative effect, the principles of the polluter pays, prevention, and precaution have specific normative effect rather than being mere regulatory ideals. It clarifies that their legal status is quite unusual and typifies post-modern law, in that it is concerned with norms whose content is quite vague and which therefore lend themselves to a wide range of applications.
General Introduction
Authors: DE SADELEER NICOLAS
Published: January 2010

This chapter begins by presenting the aim of this book which is to determine the status and evaluate the contribution made by the three foremost environmental principles — polluter-pays, prevention, and precaution — to the construction of environmental law at the international, EC, and national levels. It then highlights that the concept of risk has become the activating concept of modern environmental law. It notes that most of the environmental risks produced by industrial society have been the subject of preventive regulatory measures. Moreover, this chapter explains that a new generation of risks has emerged due to the general inability of scientists to make reliable predictions about hazards due to uncertainties or insufficient knowledge and, on the other hand, by the impossibility of assessing the character of damage that might occur. It focuses on the possibility that law makers may choose more open concepts, particularly those principles for which no fixed definition can be found.
Private Property and Abuse of Rights in Victorian England
Authors: Taggart Michael
Published: January 2010

The case of The Mayor, Aldermen and Burgesses of the Borough of Bradford v Pickles was the first to establish the principle that it is not unlawful for a property owner — in this case, Edward Pickles — to exercise his property rights maliciously and to the detriment of others or the public interest. Though controversial at the time, today it is often invisible and taken for granted. This book explores why the common law, in contrast to civil law systems, developed in this way. During the industrial revolution, the town of Bradford in England, and with it the demand for water for industrial and domestic purposes, grew rapidly. The first part of the book explores, through an analysis of correspondence, records, and newspaper reports, the development of the Bradford water supply and the genesis of the dispute that ultimately flared into litigation at the end of the 19th century. Several aspects of the case are of enduring doctrinal importance 100 years on. The controversial and potent common law principle of interpreting statutes so as to protect property rights wherever possible is examined in depth, as is the legal uncertainty of subterranean water rights in the 19th century. The book also explains the common lawyers' refusal to recognise a continental-style doctrine of abuse of rights and the courts' failure to develop a prima facie tort doctrine to curb maliciously inspired behaviour.
Bradford and its Water Supply
Authors: TAGGART MICHAEL
Published: January 2010

This chapter provides an overview of the town of Bradford in England and its water supply during the 19th century. The so-called municipalisation of water supply — the purchase of private water companies by local authorities — began in earnest around mid-19th century and escalated as the century progressed. The experience of water supply in Bradford conforms to this pattern. At a time of water shortage, Many Wells Spring was identified as a copious source of supply that led the Bradford Water Company, provisionally formed in 1838, to concentrate on this single source. Water from the spring originated from the East Many Wells Farm owned by Edward Pickles and his family since the late 18th century. This chapter also discusses the Bradford Waterworks Act 1842, the incorporation of Bradford, the municipalisation of the Bradford water supply, and the role of Many Wells Spring in the water supply and consequently, the development of Bradford.
Coal, Stone, and Water at East Many Wells Farm
Authors: TAGGART MICHAEL
Published: January 2010

The Bradford district (Corporation) of England had been known for its coal deposits since the Middle Ages, and useful quantities of coal existed in the Parish of Wilsden, particularly around Many Wells Spring. Edward Pickles's father and grandfather exploited the coal and stone under their land. A constant refrain of Edward Pickles and his solicitor in the long-running dispute with the Corporation was that all Pickles wanted to do was to work [his] stone and minerals as an ordinary landowner. Pickles claimed that there was valuable flagstone underneath his property close to the boundary with the Corporation's waterworks. There was considerable demand at the time for flagstone for street improvements. This chapter looks at the events that led to the water dispute between Bradford and Edward Pickles, triggered by Pickles's decision to dig a tunnel past his East Many Wells Farm.
To Court
Authors: TAGGART MICHAEL
Published: January 2010

Bradford won the case against Edward Pickles at first instance, with North J. of the Chancery Division granting an injunction restraining Pickles from continuing with his tunnelling works. The judge viewed section 4 of the Bradford Waterworks Act of 1854 as the identical successor to section 233 of the original Bradford Waterworks Act of 1842, and interpreted that provision as preventing Pickles's appropriation of the underground water before it united into a defined stream or entered the Corporation's land. Pickles appealed the decision, arguing that North J. was wrong on the statutory interpretation point and right on the common law point that intention was irrelevant. The Corporation argued the converse, but this time the judges sided with Pickles. This chapter discusses the litigation, the elevation of the case to the House of Lords, the reaction of the press to the case, the financial strain caused by the litigation on Pickles, and whether Pickles was acting with malice in his dispute with Bradford over water supply.
Standardization and Expert Knowledge
Authors: Jacobsson Bengt
Published: January 2010

Standardization is closely related to expertise and is usually justified on the grounds that there are some people who know best. This chapter discusses the character of such expertise and its implications for democracy. It addresses the risk that expert groups may emerge claiming that they ‘know what is best’ but remaining responsible to no one. It examines what kind of expert knowledge is said to be embodied in standards, emphasizes that standards are expert knowledge stored in the form of rules, and considers the relationship between standardization and the role of experts in modern societies. Not all experts are standardizers; some are not involved in standardization at all. It is debatable whether all standardizers should be considered experts. Some of those who are called standardizers have often been criticized precisely for their lack of expert knowledge.
Organizing the Process of Standardization
Authors: Hallström Kristina Tamm
Published: January 2010

This chapter describes how an international standards organization is established and how one can create agreement about standards and legitimacy for the organization and its standards. Standards are sometimes developed by organizations other than those which have standardization as their official purpose. The International Organization for Standardization's (ISO) Technical Committee 176, which is responsible for the ISO 9000 standard, is used as a case study to analyze how international standards organizations develop standards and how problems and ways of solving them are identified and discussed within the organization. The study focuses on the organizational aspects of international standardization work.
Standardization and Uniformity
Authors: Brunsson Nils
Published: January 2010

This chapter looks at the factors that must be present to achieve uniformity of standards. Standardization is expected to result in uniformity: that many will resemble each other in both appearance and behaviour. The chapter discusses standardization in relation to groups of actors. In order to clarify the role of standardization in creating uniformity, several other processes which can also lead to uniformity are considered. Uniformity can be achieved through diffusion, innovation, and imitation. Rules and adherence to them may also lead to uniformity.
4 The Evolution of French Capitalism
Authors: WINDOLF PAUL
Published: January 2010

This chapter looks at the evolution of capitalism in France. The analysis concentrates on the question whether the governance structure of large French corporations is an example of a lagged modernization process or whether it represents a genuine type of corporate governance which may be as efficient as the shareholder value model. The transformations from family to managerial, and from managerial to shareholder value capitalism may be described as sequential stages in the evolution of the capitalist system. This chapter discusses modernization theories, theories of social evolution, network configurations in France, and French capital networks and interlocking directorates. In France, two types of corporate networks are differentiated: a network that is integrated through several levels of hierarchical coordination, and a network in which the internal integration stems from ownership and family relations.
5 Elite Networks in Germany and Britain
Authors: WINDOLF PAUL
Published: January 2010

Networks may be considered as a configuration of firms which are connected to one another by managers or as a configuration of managers who meet each other on the board of directors of large firms. The first type of network is called the corporate network (interlocks), while the second is known as the network of the economic elite. This chapter explores the elite network and the relationship between ownership and managerial control within this network in Germany and Great Britain, but first a comparison of corporate networks versus elite networks is presented. Managers base their dominance on a number of different resources and on various forms of legitimation, including bureaucratic power, property rights, and social capital. It is the combination of these various resources that enables managers to underpin their position of power. Four hypotheses show more precisely how different resources are combined: executive and controlling functions on the board of directors; managerial and ownership functions within a network of firms which are linked to one another by shareholdings (ownership) and by interlocks; bureaucratic power; social capital within the elite network.
Introduction: Phonetics and Philology
Authors: STUART-SMITH JANE
Published: January 2010

This chapter begins with a brief discussion of the purpose of the book, which is to demonstrate how phonetic theory can be used to evaluate and motivate accounts of reconstructed sound change provided by philology. The book discusses a well-known philological ‘problem’: how the Proto–Indo–European voiced aspirates developed in ancient Italic languages.
The Italic Sound Change:Background
Authors: STUART-SMITH JANE
Published: January 2010

This chapter begins with a discussion of the series of stops reconstructed for Proto–Indo–European (PIE) generally referred to as ‘voiced aspirates’. It addresses two objections against the reconstruction of voiced aspirates: phonetic and typological. The chapter then discusses the development of voiced aspirates in Italic languages.
Concluding Remarks
Authors: STUART-SMITH JANE
Published: January 2010

This chapter presents some concluding thoughts from the author. It begins with a review of discussions in the preceding chapters. It shows that by comparing systematically obtained phonetic predictions with attested parallel changes, the book offers a reliable and constrained method for evaluating the phonetic plausibility of reconstructed sound changes, which could be applied to other reconstructed sound changes.