bluuebunny/crossref_metadata_2025 huggingface dataset:
London in the Later Middle Ages
Authors: Barron Caroline M.
Published: January 2010

In the three hundred years covered by this study, the city of London, in partnership with its near neighbour the town of Westminster, developed as the economic, social, administrative, and political capital of the expanding English kingdom. This book charts the halting process whereby the Londoners struggled to forge viable systems of self-government under the ever-watchful eyes of the royal officials at Westminster. This book examines the symbiotic relationship between the Crown and the City, and charts the ways in which the Londoners created the wealth that made them so indispensable to the Crown. It was during these years that the Londoners developed the systems of self-government, welfare provision, and control of the urban environment which were to able to withstand the pressures of massive population expansion, endemic plague, and the extremes of poverty and wealth in the Tudor period. The remarkable survival of the city's own records makes it possible to trace, for the first time and in unexpected detail, the inner workings of civic politics and government over three hundred formative years.
The Urban Environment
Authors: Barron Caroline M.
Published: January 2010

This chapter examines the effectiveness of civic attempts to regulate and improve the urban environment against a background of population change and epidemic plague. The maintenance of communal buildings such as the walls, the implementation of building regulations, and the attempts to preserve green spaces and control livestock and industrial activities are all examined. By communal and charitable efforts the citizens were able to ensure a piped supply of fresh water. The chapter demonstrates the Londoners' concern to ensure that their city was clean and healthy.
Welfare Provision
Authors: Barron Caroline M.
Published: January 2010

This chapter explores the ways in which the city corporately, working together with religious houses and city companies, and much assisted by charitable individuals, provided welfare support for the young, the ill, the poor, and the old. Provision was made for orphans, for the destitute poor, for the sick, those who were terminally ill, and for the old. The role played by hospitals and the medical profession in the care of the sick is examined. The gradual invasion of lay professionals into areas previously the exclusive domain of the Church is observed and discussed.
Patrons, Clients, and Empire
Authors: Newbury Colin
Published: January 2010

This book applies a patron-client model to case studies of imperial over-rule to examine the political relationships between administrative and indigenous hierarchies derived from existing social structures and surviving into the period of decolonization. It goes beyond classification of administration as ‘direct’ or ‘indirect’, and rejects the notion that imperial rule was simply maintained by threat of force. From the range of cases presented it is argued that there was a continuity between pre-colonial regimes and succeeding European hierarchies that incorporated indigenous leaders. There are common themes in the initial dependency of European agencies (evangelical, commercial, official) on the patronage of indigenous rulers in states and reversal of this status at the onset of colonial rule. Remarkably few indigenous governments disappeared; and most subordinated leaders accommodated willingly or unwillingly within a new hierarchy deficient in resources and administrative personnel. In short, Europeans became imperial patrons and brokers between a distant metropolis and local systems of government in ways that were symbiotic, rather than hegemonic, subject to compromise beneath the rhetoric of colonial policies.
Egypt and Sudan
Authors: NEWBURY COLIN
Published: January 2010

Britain intervened in 1881 to make Egypt into an informal protectorate under a consul-general. Within the client state the joint hierarchy of British and Egyptian officials improved finances and infrastructure; the Egyptian army came under British command. An intricate political game between Lord Cromer and the Khedivate aimed at securing ministerial clients and power over public offices and preserving strategic, commercial and dynastic interests in a colonial protectorate from 1914. In 1936 Britain ended this balancing act, retaining responsibility for the defence of the Canal, until the abolition of the monarchy by a military coup in 1952. After reconquest, the Sudan was run by British officers, using Egyptian auxiliaries and Sudanese clients recruited from sedentary and nomadic tribes to administer tax collection and courts. A parallel hierarchy of leaders from religious and urban elites competed for power and excluded the segmentary societies of the Southern Sudan after 1956.
Western Africa
Authors: NEWBURY COLIN
Published: January 2010

In Western Africa, practices of clientage were applied to incorporate merchants for as long as they accepted the terms of trade and residence. The establishment of imperial enclaves modified this dependency. Governors and consuls worked for a wider sphere of influence through African allies, treaty states, and stipending chiefs. Reversal of status from the 1870s followed from greater reliance on treaty jurisdiction and use of force against the Asante, some Yoruba states and the Hausa–Fulani emirates. But officials had to come to terms with the chiefdoms and hierarchies they found to meet the obligations of protectorate administration. Chiefs were utilized for judicial and financial purposes as official clients. In each of the colonial states the pattern of over-rule was conditioned by local political structures. Administrative histories provide contrasting examples of the decline of chieftaincy or its empowerment, in the face of elite competition in local government and in state politics during decolonization.
Hawai‘i
Authors: NEWBURY COLIN
Published: January 2010

The Hawaiian Kingdom was ruled by a paramount lineage through appointment of Hawaiians and Europeans to offices of state. Acceptance of laws, literacy and religion, on Hawaiian terms, maintained the primacy of the royal executive over its nobles, its ministers, and its system of island government. Foreign settlers were integrated within a Polynesian hierarchy as ‘service gentry’. Recognition by foreign powers allowed the ruling lineage to manage a Pacific state by securing a loyal civil service and control of political representation and the judiciary until the 1880s. Thereafter, royal patronage was challenged through the Legislature by a minority of lawyers, businessmen and republicans. By 1891, royal prerogatives were under threat and foreign relations depended on American good will. A militant faction overturned the monarchy in 1893, preparing the way for Congressional approval of an illegal settler government, annexation and Territorial status. But patronage politics continued into the 1930s under the influence of business corporations and Republican Executives.
Fiji
Authors: NEWBURY COLIN
Published: January 2010

In the Fiji archipelago no chief established paramount authority. From 1871, a constitutional government based on the person and influence of Seru Ebenezer Cakobau, Vunivalu of Bau, began a process of centralization under stipended provincial chiefs and settler officials, until the ‘kingdom’ was annexed by Britain with the agreement of Fijian chiefs. The first governors incorporated the chiefly hierarchy into a structure of provinces and districts, with taxes and laws under Crown Colony government. The early practice of consulting provincial chiefs was institutionalized within ‘Fijian Administration’ and the internal colonization of Viti Levu was completed with Fijian levies. Fijian leaders did not become civil servants and retained considerable initiative in accessing rents from lands and securing posts for subordinates. The whole structure of local government was called into question from the 1960s by advances in elected representation for Fijians and a large Indian population. Ethnic loyalty and deference to chiefs became an important factor in party politics, as Fiji moved towards independence in 1970 and continued to polarize politics up to the military coups of the 1980s.
Tonga
Authors: NEWBURY COLIN
Published: January 2010

A centralized state was constructed in Tonga by a warrior chief of a maximal lineage. From 1845, through war, title succession, and adroit patronage of Wesleyan missionary converts, Taufa'ahau emerged in the manner of Kamehameha in Hawai'i as a territorial paramount by descent and achievement as King George Tupou I. New and old institutions were combined in the Tongan Constitution of 1875; and for the first time secular and religious titles were held by one high chief. His successors warded off a series of interventions by Fiji's governors, but the Colonial Office acknowledged Tonga's autonomy as a sovereign state from 1911. Since then, foreign settlement and foreign over-rule have been kept at bay by a patrimonial state that has managed to satisfy its nobility and office-holders and retain the loyalty of most Tongans.
The Tasks for Regulating Contracts
Authors: Collins Hugh
Published: January 2010

This chapter begins with a brief discussion of contractual relations in modern society, focusing on the interaction between the law and the social practices which it regulates. It then describes the various themes addressed in the book. An overview of the subsequent chapters is presented.
The Discourses of Legal Regulation
Authors: Collins Hugh
Published: January 2010

This chapter describes the characteristics of traditional private law and how this form of legal discourse has been subject to productive disintegration. It begins by examining the competing normative considerations that shape legal doctrine. It then considers how a distinctive branch of legal doctrine known as the law of contract has emerged and sustains itself. The chapter concludes by examining the forces that appear to be leading to a collapse of the distinctive properties of the private law of contract as a regulatory system governing social conduct. The pattern of closure and self-reference exhibited by private law has been subjected to a series of subversive attacks. As a consequence, the integrity of the doctrinal system has eroded. But at the same time it is argued that the productive potential of private law as a regulatory instrument has been enhanced.
Planning and Co-operation
Authors: Collins Hugh
Published: January 2010

Contract lawyers perform two principal tasks: first, to help plan a transaction, and second, to participate in dispute settlement. The planning role forms the larger part of their work. This chapter begins by considering the significance of this planning role to the practice of creating and performing contracts. It then examines the difficulties encountered by lawyers in devising appropriate plans for business relations. The major difficulty concerns the inevitable incompleteness of contractual planning.
Quality
Authors: Collins Hugh
Published: January 2010

This chapter considers the problem of disappointments arising from poor quality in goods and services. Although no one doubts that poor quality sometimes occurs, the question of whether any type of regulation can prevent disappointments is more contested. In particular, private law is often regarded as ineffective in imposing reasonable standards of quality. The chapter closely examines how private law can achieve the capacity to achieve efficacious and efficient styles of regulation of quality.
Megara’s Mafiosi: Timocracy and Violence in Theognis
Authors: WEES HANS VAN
Published: January 2010

This chapter draws comparisons between the worlds of Theognis and the Mafia to highlight the culture of violent competition which they have in common. If Mafiosi, all engaged in fierce struggles for power and wealth can see themselves as paragons of virtue while accusing their rivals of unprincipled greed and violence. We need to look beyond Theognis' black-and-white imagery, and give full weight to the evidence which suggests that in his community violence and greed were structural phenomena rather than aberrations which could be blamed on ‘the bad men’. This conclusion should in turn alert us to the significance of other archaic evidence which attests to the prevalence of violent competition for power. It is in the nature of the surviving evidence that we hear most about the coups d' é tat and violent reigns of tyrants, but we should not assume that such men were exceptional in resorting to force. Poetry — notably the remainder of the Theognid corpus and the work of Alcaeus — and oral tradition both suggest that violent struggles among the élite were common and invariably involved groups of people going into exile or fighting their way back. In many parts of Greece, as in Megara, therefore, power and property must have changed hands constantly as it was abandoned, seized, and recovered.
Friends and Foes: Monarchs and Monarchy in Fifth-century Athenian Democracy
Authors: BRAUND DAVID
Published: January 2010

This chapter first explores the Athenian democracy's ambivalence towards the institution of monarchy. It shows that while monarchy was widely regarded as at odds with democracy, the existence of good kings could also be accepted and such kings could even be accommodated within the Athenian democracy's past. The second section elucidates the 5th-century democracy's concern (1) with the notion of the establishment of one-man rule at Athens; (2) with the personal power of its individual politicians; and (3) with its own imperial rule as a monarch or tyrant. The third section explores the actual relationships which Athenian democracy formed and maintained with a range of monarchs, largely through the agency of individuals. Such foreign connections might bring benefits to individual Athenians (including a possible place of refuge in times of trouble), but they also made them vulnerable to attack at Athens. Wise individuals stressed that their personal links were deployed entirely for the communal advantage of the democracy. Meanwhile, the collective mythology of the Athenian democracy facilitated its relationships with at least some monarchs. However, the issue of monarchy remained a conundrum for 5th century Athenian democracy on all fronts, while monarchy became still more pressing as an issue in the aftermath of the Peloponnesian War.
The Polis in Italy: Ethnicity, Colonization, and Citizenship in the Western Mediterranean
Authors: LOMAS KATHRYN
Published: January 2010

The concept of the democratic polis is one which is very much based on studies of the way the polis developed in mainland Greece, and in particular on examination of Athens — not surprisingly, given that there is far more detailed evidence available for the constitutional development and political life of Athens than there is for other cities in the Greek world. However, there are significant differences in the way in which the polis developed in the western Mediterranean. One of the most noticeable is the relative weakness of democratic government in the western colonies. There is no doubt that the main form of statehood in the colonial world was the polis but in most cases it was considerably less democratic in nature. The political history of the archaic and classical periods is dominated to a much greater extent by tyrannies, and by the interplay of oligarchic factions. On a more fundamental level, there are divergences in the ways in which the basic forms of definition and identity within the state were constructed. This chapter explores these differences in the Greek colonies of southern Italy and examines the implications for the ways in which these states developed.
Politics without the Polis: Cities and the Achaean Ethnos, c.800–500 BC
Authors: MORGAN CATHERINE
Published: January 2010

Cities have long been perceived as ideal contexts for the development and conduct of complex political relations. Perhaps inevitably, therefore, the study of early Greek urban development has become closely entwined with the origins of the polis. The basic notion of community of place underlies much of our understanding of the relationship between residence and the political needs and solutions of emerging poleis. This is indeed an important area of study, but it should not be confined to the polis as traditionally understood. The issues are equally relevant to the study of ethnē. That archaeological discoveries over the last decade or so preclude simple distinctions between big sites in poleis and ethnē during the Early Iron Age and archaic period (from the 11th to the 6th century bc) should surprise only those rooted in a classical historical perspective. The existence of prehistoric sites which fit abstract models of urbanism has long been noted, along with the need to assess the Greek evidence within the broadest comparative perspective. A rounded understanding of any region must balance comparative and particularist observations. With this in mind, this chapter considers the implications of big site development in ethnē from both a local (specifically Achaean) and a broader Greek standpoint.
Argead and Aetolian Relations with the Delphic Polis in the Late Fourth Century BC
Authors: ARNUSH MICHAEL
Published: January 2010

This chapter addresses the position of the Delphic polis in Greek affairs of the 4th century bc, specifically in the years of Alexander of Macedon's sovereignty over the Greeks and during the uncertainty that arose just after his death. It shows a pattern of Delphi extending diplomatic gestures to a seemingly disparate amalgamation of poleis and ethnē during the age of Alexander, all of which were linked to opposition to Macedonian control, to the nearly united front against Antipater fashioned by Athens and Aetolia in the wake of Alexander's death, or to the future of the Hellenic cause after the end of the Lamian War. Further, Delphi's growing relationship with Aetolia, first articulated in 335, may have led to Aetolian efforts to nudge, prod, and support Delphic foreign policy through the granting of proxenic status to further the anti-Macedonian cause. The corpus of Delphic proxeny decrees from the 330s and 320s supports the notion that the polis took a rebellious political stance and scholars should continue the debate on the relative importance of these seemingly banal documents.
Problems of Democracy in the Arcadian Confederacy 370–362 BC
Authors: ROY JAMES
Published: January 2010

This chapter examines a case study of a democratic regime operating not in a single polis but in a confederacy, that formed by the several communities which shared a common Arcadian identity but were themselves independent states. The main evidence for democratic tendencies in confederate Arcadia in the 360s is in three elements: the situation in Mantinea and Tegea in 370, when the movement to confederation was launched; the use of the eparitoi to secure democracy; and foreign policy. Not enough is known about the confederate constitution to draw conclusions from it alone; but, if the Myrioi are accepted as a primary assembly, the form of the confederate constitution suits democracy well enough.
Introduction
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This introductory chapter begins with a historical background of taxation in Britain starting from the late 1600s. It then discusses the purpose of the book, which is to reveal the ingenious ways in which common folks, manufacturers, and traders successfully defied the ever-encroaching hands of state inference and policing. One of the conclusions of the book is that the state, through customs and excise, tried to shape and regulate the production of taxed goods by increasingly standardizing and policing the qualities that defined them. An overview of the six parts of the book is presented.
Free Trade, Transport, and Concealment
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter shows that the evolving English state was ill equipped to combat the dramatic rise in illicit trade that erupted onto the scene in the early 18th century. Seamen with customs commissions were encouraged to tackle smugglers by being offered one-half of the produce of the seizure at the subsequent customs sale. In 1821, a battle with the waterguard involving 250 smugglers took place. Although the combined force of the waterguard, riding officers, cruisers, and coastal blockade took its toll on smugglers, it was also costing too much money and blood. A committee set up to investigate the prevailing system concluded that it suffered from a lack of central control. The result was the assimilation of the waterguard back into customs. The term ‘Coast Guard’ was coined to describe the new amalgamation of representative forces.
The Incarceration, Adulteration, and Policing of Taxed Goods
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter begins with a discussion of the incarceration of goods. It shows that incarcerating goods through the new tight Warehousing Act meant excarcerating people: protecting trade from the various hoards that roved along the quays and those employed along the waterfront. The chapter then discusses the adulteration and policing of commodities.
‘The Calico Millennium’
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter argues that throughout the book, the issues of fiscal policy, employment, and political power have been deeply immersed in the preservation of social authority. Eventually, the fiscal-military state could no longer continue in its current form with the accompanying distribution of power. Throughout the Great Reform Act of 1832, a significant proportion of the middling ranks were assimilated. This was crucial in providing the base for future income tax: no taxation without representation was a critical factor.
Building and Developing Capabilities: A Cognitive Congruence Framework
Authors: Merali Yasmin
Published: January 2010

The importance of dynamism, regeneration, change, and innovation is often emphasized in ‘competing for the future’. Recent literature on competence-based competition and dynamic capabilities highlights the role of knowledge management and organizational learning in strategic competition. This chapter discusses the cognitive infrastructure of an organization that underpins the development and leveraging of organizational capabilities in dynamic markets. An ‘information lens’ is employed to develop a cognitive congruence framework for looking at issues of organizational learning, knowledge creation, and the leveraging of capabilities. The model is based on the concept of an action-perception cycle, and is used to represent an important element in the ‘sensemaking’ processes of organizations engaged in transformational processes. Its usefulness as a descriptive and explanatory device is demonstrated through three case studies. This chapter also elaborates on the importance of achieving cognitive congruence in the cumulative action-perception cycles that underpin transformative processes in organizations.
Competence-Based Competition: Gaining Knowledge from Client Relationships
Authors: Sivula Petteri , Bosch Frans A. J. van den , Elfring Tom
Published: January 2010

Knowledge creation and organizational learning have become central concerns in strategic management. This chapter analyzes customer relationships as a source of new organizational knowledge. Knowledge absorption from customer relationships involves two key processes of organizational learning: creating new knowledge within the firm from client relationships and leveraging this new knowledge within the firm and in client relationships. The management of such learning and knowledge leveraging processes is critical to a firm's ability to build new organizational competences. These processes are examined in the context of knowledge intensive business service firms including both specialist and general management consulting firms, to gain insights into processes of strategic organizational learning. After presenting two brief case studies of knowledge absorption from clients, some implications for knowledge management in various kinds of client relationships are considered. This chapter contributes to the competence-based view of competition by developing a typology of client relationships and an integrative framework that helps to clarify several important types of knowledge absorption opportunities.
Creation of Managerial Capabilities through Managerial Knowledge Integration: A Competence-Based Perspective
Authors: Bosch Frans A. J. van den , Wijk Raymond van
Published: January 2010

The competence perspective has emphasized the importance of organizational resources and capabilities, particularly organizational knowledge. In investigating the management of organizational knowledge creation processes, the literature on new organizational forms has explicitly focused on management processes and resources at different managerial levels. By integrating and applying managerial knowledge, managers develop managerial capability and render the service of their resource. Moreover, managers' own process for learning and capability development play a critical role in organizational knowledge creation processes and in the adoption of new organizational forms that improve dynamic organizational capabilities. Given these key services of managers as a resource, it can be argued that we should now put managerial knowledge at the forefront of competitive advantage. This chapter defines what managerial knowledge and managerial capabilities are, what services are rendered by them, how they interrelate with organizational knowledge creation processes, and how front-line, middle, and top managers can contribute to a firm's organizational competences. A conceptual framework for analyzing managerial knowledge integration is developed and applied to front-line managers, middle managers, and top managers.
To Own or to Possess? Competence and the Challenge of Appropriability
Authors: Boisot Max , Griffiths Dorothy
Published: January 2010

Supporting knowledge management with information technology is widely characterized as a technical challenge — one of devising an information system in which only those people entitled to use a given piece of knowledge can gain access to it, and then making it as easy as possible for those people to do so. This chapter argues that the changing nature of the employment relationship poses a real challenge in getting employees to freely contribute their knowledge in the first place. When organizational competence is based on well articulated knowledge that is well diffused within a company, it may become difficult for the firm to appropriate such knowledge. In both cases, extracting full economic profits from knowledge potentially on offer becomes problematic for a firm. This dilemma is called the paradox of value. This chapter presents a fundamental conceptual framework known as the Information Space or I-Space for the examination of information flows among agents within a firm, and discusses how recent developments in information technology are likely to exacerbate the paradox of value.
The ‘War’ between the Poets
Authors: Storey Ian C.
Published: January 2010

This chapter begins by comparing Eupolis and Aristophanes, the latter being the only extant poet of Old Comedy. It differentiates the fragmentary remains of Eupolis from Aristophanes's. It discusses the effect of the production of Marikas on the ‘war’ between the poets. It examines the paracomedies created by Old Comedy poets.
Introduction
Authors: IMLAY TALBOT C.
Published: January 2010

This introductory chapter begins with a discussion of the purpose of the book, which is to examine how well nations and societies meet the test of war. Specifically, the book considers the cases of France and Britain before and during the Second World War. It examines three dimensions vital to understanding how France and Britain met the test of war: the strategic, domestic-political, and political-economic. An overview of the subsequent chapters is presented.
The Strategic Dimension in France
Authors: IMLAY TALBOT C.
Published: January 2010

The French went to war in September 1939 convinced that the conflict would be long and confident that victory would come in time. Once the French and British mobilized the latent yet superior resources of their two countries and empires, the balance of power would swing decisively in their favour, paving the way to victory. In the meantime, the Allies would remain largely on the defensive, waging economic warfare to weaken their enemies while avoiding premature and potentially costly offensive action. Some scholars criticize this strategy for the disastrous complacency it supposedly fostered, while others endorse its grasp of military and economic realities. This chapter argues that the French never fully embraced the long-war strategy. Although useful as a general guide for French strategic thinking for much of the 1930s, the strategy began to unravel towards the end of the decade.
The Political-Economic Dimension in France
Authors: IMLAY TALBOT C.
Published: January 2010

This chapter argues that France's economic preparations were far less effective than suggested by some scholars. The economic orientation adopted by France would be greatly influenced by the changing power balance among industry, labour, and the government. In 1938, the government allied with industry to ensure that France's economic effort continued along liberal economic lines with the burden falling disproportionately on labour. This was an unfortunate choice, since laissez-faire, a liberal economic choice was at odds with the needs of an expanding power economy, which required greater coordination and direction. The resulting chaos fostered a sense of economic failure among French leaders, further eroding confidence in a long-war strategy based on the assumption that time was an ally.
AT&T: Cooperation Is not Enough
Authors: Heckscher Charles , Maccoby Michael , Ramirez Rafael , Tixier Pierre-Eric
Published: January 2010

This chapter describes two decades of effort at AT&T, starting with shopfloor worker participation with labour-management supervision; and gradually extending to dealing with strategic concerns including technological change, marketing, productivity, etc. Despite success in both economic and human terms, the effort ultimately fell victim to turbulence in the telecommunications industry. The chapter describes the importance of management and union leadership.
Lucent: Toward Strategic Engagement
Authors: Heckscher Charles , Maccoby Michael , Ramirez Rafael , Tixier Pierre-Eric
Published: January 2010

This chapter describes a case in which the unions were deeply involved in the company's decision to outsource its manufacturing capability, and were able to negotiate employment and union agreements with the purchasers at the same time as the other aspects of the sale. This resulted in a relatively peaceful process, but still involved intense conflicts among the partner unions as well as between unions and management. The obstacles to change remained great; the increased trust from dialogue helped, but did not solve the tensions involved in transforming the corporation.
The Consultant Role: Transference and Counter- transference
Authors: Heckscher Charles , Maccoby Michael , Ramirez Rafael , Tixier Pierre-Eric
Published: January 2010

This chapter focuses on the relation of the consultant to the client, especially typical quasi-transference dynamics in which clients project unrealistic roles onto the consultant: ‘the magic helper’, ‘the double agent’, ‘the academic in the ivory tower’, etc. Consultants must resist the urge to play into these projections by acting as an omniscient experts or, conversely, ‘going native’. They must also pay attention to values, using their own ‘outside’ values not as moral clubs, but as levers for prompting reflection.
The Current Impasse
Authors: Heckscher Charles , Maccoby Michael , Ramirez Rafael , Tixier Pierre-Eric
Published: January 2010

This chapter pulls back to the societal level, asking what sorts of transformations in stakeholder regimes are needed to make possible the transition to knowledge production. It first makes the case that robust systems of stakeholder involvement are necessary for business success as well as for social justice. It then reviews the barriers to creating a stakeholder regime that will encompass the new actors and forces: on the one hand, the conservatism of existing stakeholders (including unions); on the other, the immaturity and fragmentation of emerging new stakeholder groups such as those focused on the environment or on ethnic inclusion.
Toward Post-industrial Relations
Authors: Heckscher Charles , Maccoby Michael , Ramirez Rafael , Tixier Pierre-Eric
Published: January 2010

Building from the experiences outlined earlier in this book, this chapter sketches ‘leading-edge’ efforts to encompass a wider range of stakeholders and issues. It deals with processes for deciding what stakeholders to involve; with the techniques of interactive decision-making; and the development of stakeholder systems such as scenario-based strategic planning at Shell or sustainable development forums at EDF. It also sketches a variety of possible routes towards ‘post-industrial relations’.
Aulus Gellius
Authors: Holford-Strevens Leofranc
Published: January 2010

Aulus Gellius originated the modern use of ‘classical’ and ‘humanities’. His Attic Nights, so named because they began as the intellectual pastime of winter evenings spent in a villa outside Athens, are a mine of information on many aspects of antiquity and a repository of much early Latin literature that would otherwise be lost; he took a particular interest in questions of grammar and literary style. The whole work is interspersed with interesting personal observations and vignettes of second-century life that throw light on the Antonine world. This study, the most comprehensive of Gellius in any language, examines his life, his circle of acquaintances, his style, his reading, his scholarly interests, and his place in literary tradition parentage; reference is made to his reception in later antiquity and beyond. It covers many subject areas such as language, literature, law, rhetoric, and medicine; it also examines Gellius's attitudes to women and the relation considered between the literary trends of Latin (the so-called archaizing movement) and Greek (Atticism) in the second century AD. The text, sense, and content of numerous individual passages are considered, and light shed on a wide range of problems in Greek as well as Latin authors.
1 Life and Date
Authors: Holford-Strevens Leofranc
Published: January 2010

On the basis of nomenclature, in particular the absence of a cognomen, this chapter argues that Gellius, even if he was born at Rome, most probably came of colonial stock; on the basis of a reference to a provincialism, it is suggested that the colony may have been in Africa. Although Gellius does give precise dates for any event in his own life, it is inferred from indirect evidence that he was born between 125 and 128, attended the Pythian Games of 147, and completed his work about 180. In an excursus, common elements in the Attic Nights and the writings of Apuleius are shown to derive from personal acquaintance between the two authors.
3 Language and Style
Authors: Holford-Strevens Leofranc
Published: January 2010

When a word or construction used by Gellius attracts our notice, it may be either pre- or post-classical, the latter including false archaisms; although in certain matters he returns to pre-Augustan usage, he is not consistent in refusing recent developments, although his colloquialisms come from Plautus rather than the street. He likes joining synonyms, and is fond of variation; for these purposes he sometimes combines archaic, classical, and new expressions. Although a conscious artist who when translating or adapting Greek takes pains to match his style to his source, he rarely writes for declamatory delivery as Fronto and Apuleius do, but shows that he can do so when contrasting Cicero with Gaius Gracchus.
4 Presentation and Sources
Authors: Holford-Strevens Leofranc
Published: January 2010

Gellius's manner of presentation varies from chapter: sometimes, for example, the information is presented directly in his own voice, sometimes as a report of authoritative statements oral or written, and frequently enlivened by dialogue, which often features a would-be expert put to shame by a real one, on occasion Gellius himself. Although these vignettes open a window onto Antonine intellectual life, in some instances the spoken word can be proved a literary figment; nevertheless, there is no reason to suppose that it is never a factual record. Likewise, although nineenth-century source-criticism demonstrated that not all Gellius's citations came to him directly from the authors cited, many of its results were speculative and rested on unwarrantable assumptions.
6 Favorinus
Authors: Holford-Strevens Leofranc
Published: January 2010

This chapter discusses the philosopher and sophist Favorinus, a self-made Hellene famous for his eloquence, erudition, and sexual ambiguity, of whom Gellius was a devoted pupil and admirer. The precise nature of their relationship is examined, and a sexual element not ruled out. It also reviews Gellius's representation of his achievements in rhetoric, philosophy, and general learning, a representation that extends to attempts at reproducing his Greek style in Latin translation; and considers how far Gellius is to be trusted in portraying his master as well-informed but not infallible in matters of Latin language and Roman law. Finally, the Gellian Favorinus is considered as a social being, delightful company even if never praised for gravitas.
7 Honoured Orators
Authors: Holford-Strevens Leofranc
Published: January 2010

This chapter considers Gellius's relations with the leading Roman orator of his age, Marcus Cornelius Fronto, and his Greek counterpart Herodes Atticus. Fronto, who appears in five chapters, is represented as rather closer to Gellius in his literary concerns than his preserved writings suggest, in particular more interested in linguistic purism; he is also made to cite Vergil, which the real Fronto never does, and to admire Claudius Quadrigarius, enthusiasm for whom was in fact Gellius's own. Although Herodes' pre-eminence in Greek oratory is acknowledged, Gellius concentrates on matter rather than matter, recording his defence of grief that a Stoic (not alone) had called immoderate and his contemptuous dismissal of sham philosophers; overall he represents him more favourably than other writers do.
Rights and Democracy: A Reconciliation of the Institutional Debate
Authors: DEBELJAK JULIE
Published: January 2010

This chapter explores the concepts and practices of democracy that accommodate rights protection and promotion. It discusses that the impact on the power relations between the institutions of government when human rights protection is formally introduced into democratic systems causes tension. It explains that because of the corrupting nature of absolute power, the separation of powers doctrine dictates the dispersal of power between the different arms of government. It adds that the separation of powers is tempered by the need for checks and balances, which requires mixed government. It explains that an exploration of the actual sharing of power under modern human rights instruments is instructive in allaying this anti-democratic critique. It employs international human rights instruments, as well as the British Human Rights Act and the Canadian Charter of Rights and Freedoms to ground the theoretical discussion.
Aspiring to the Rule of Law
Authors: DYZENHAUS DAVID
Published: January 2010

This chapter begins by setting out the general area of agreement within legal theory that leads to lack of interest in the rule of law. It notes that the recent entry of a position called democratic legal positivism into the debate opens up the possibility for the fruitful engagement of legal theory with the rule of law, despite the fact that that position is also a party to the general agreement. It argues that engagement is not likely to be on democratic positivist terms, since it invites a renewed interest in a position that is not party to the agreement — Lon L. Fuller's account of the rule of law.
Non-judicial Review
Authors: TUSHNET MARK
Published: January 2010

This chapter examines three practices of non-judicial constitutional review, which involve constitutional review conducted by elected officials. It identifies the incentives and structures for judges and quasi-judicial bureaucrats who interpret constitutional norms. It tries to bring out the effects that different institutional structures and, in particular, different incentives have on the officials' performance, with an eye to comparing the effectiveness of non-judicial constitutional review with that of judicial constitutional review. It identifies what might be truly distinctive about judicial constitutional review, and suggests that the necessary comparative judgment about the relative ability of courts and non-judicial actors to perform constitutional review well is harder than our familiar understandings would have it.
Parliament and Rights
Authors: HIEBERT JANET L.
Published: January 2010

This chapter begins by examining the judicial-centric interpretation of rights. It then notes that the adoption of the Charter is viewed by many as requiring the primacy of legal judgment about how to reconcile legislative objectives with rights. It also evaluates whether the parliament should be engaged in rights-based assessments as well as its capacity to reach judgments about rights. It explains that highlighting the bill of rights places on whether political decisions that restricts rights are justified is particularly important in Canada, which suffers from extremely concentrated power in the executive, an electoral system that produces majority governments easily, extreme party discipline that provides few checks on government power, and an ineffective Upper House.
Constructing a Community-Based Bill of Rights
Authors: WILLIAMS GEORGE
Published: January 2010

This chapter focuses on the ways in which a bill of rights could be designed to deepen existing respect for human rights within political institutions and the community. It explains that the role of the community in the rights-protection process is often neglected in favour of a court-based assessment of how particular rights have been interpreted and applied by the judicial sphere of government. It notes that a bill of rights divorced from the community will not achieve its broader aims, including community education and the promotion of respect for difference and tolerance of diversity. It explains that an important way of engaging the community is to ensure that a bill of rights explicitly provides a role for the community in the rights-protection process. This might be in the form of a dialogue about the protection of rights between courts, parliaments, and the people.
Judicial Review, Legislative Override, and Democracy
Authors: GOLDSWORTHY JEFFREY
Published: January 2010

In a well-known defence of the Canadian Charter, Peter Hogg and Alison Bushell characterize the Charter as setting up a ‘dialogue’ between the legislature and the courts. Hogg and Bushell claim that the Charter avoids the counter-majoritarian difficulty because of the combination of legislative and judicial functions. This chapter examines the correctness of Hogg and Bushell's claim. It also investigates how much of the American debate is rendered irrelevant. It notes that it requires distinguishing rights based from consequentialist justification of democracy, and corresponding objections to the judicial enforcement of rights. It clarifies that it is possible that a clause such as section 33 overcomes rights-based objections, because it preserves the democratic right to make the final decision, but does not overcome consequentialist objections.
The Case for Social Rights
Authors: EWING K. D.
Published: January 2010

This chapter investigates the counter-intuitive and paradoxical position for someone opposed to the constitutional entrenchment of rights, namely that the entrenchment of rights is incomplete without more rights: social and economic rights to complement civil and political rights. It defines social rights as the kind of rights that complement civil and political rights and are to be found expressed in a number of international treaties and national institutions. It also evaluates the state violations of social rights. It notes that among the important institutional reforms of recent times is the Human Rights Act 1998. It talks about the constitutional protection of social rights. It argues that social rights serve an important constitutional function, in the sense that they bring life and give meaning to the constitutional principles of liberty and equality.
Language is Grounded in Action
Authors: GLENBERG ARTHUR , KASCHAK MICHAEL
Published: January 2010

This chapter describes what appear to be insurmountable theoretical and empirical problems with the current standard psychological approach to meaning based on abstract, a modal, and arbitrary symbols. It offers an alternative theory of meaning grounded in human action, and the Indexical Hypothesis, which describes how language is understood in terms of action. The chapter reviews some recent research supporting the hypothesis, including the Action-sentence Compatibility Effect, an effect that shows that the mere understanding of a sentence can interfere with taking an action in direction contrary to that implied by the sentence. This direct link between understanding and action is difficult for abstract symbol theory to accommodate, whereas it provides strong support for the Indexical Hypothesis.
Verbs and Directions: The Interaction of Geometry and Function in Determining Orientation
Authors: HABEL CHRISTOPHER
Published: January 2010

Describing verbally changes in space is based on the ability to focus on spatial properties and relations. Change of orientation is a specific type of spatial change, which has to be expressed by special verbs, for example the German drehen (‘turn’). Furthermore, there are adverbials peculiar to modifying a change of orientation VPs, for example, rechtsherum (‘clockwise’). This chapter uses situations of turning, verbally encoded by drehen-descriptions to exemplify the linguistic principles of encoding Orientation and Change of Orientation: The Bearer of Turning, that is the object that performs a change of orientation, provides a Front-Axis, whose direction changes during the temporal phase focused in the utterance. In selecting the front-axis and choosing relations to describe specific properties, as final orientation or direction of turning, speakers' assumptions about functional properties and relations are the frame for establishing the spatial concept fundamental for verbalization, namely orientation.
Between Space and Function: How Spatial and Functional Features Determine the Comprehension of between
Authors: VAN DER ZEE EMILE , WATSON MATT
Published: January 2010

It is often assumed that the spatial meaning of between is only based on spatial features (geometrically definable cognitive representations). This chapter first considers how spatial features represent the meaning of between. It then considers a possible impact of visual functional features (visually perceived spatial features, like cartoon-like eyes, that invite a particular object categorization, such as ‘this is an animal’), linguistic functional features (lexical concepts inviting a particular categorization, as derived from ‘this is a thumb’), general functional features (features contributed by cognitive processes found across cognitive systems, like cognitive effort), and dynamic–kinematic features (features specifying actual or potential interactions between physical entities). After considering why between can correspond to more than one spatial prototype, the chapter discusses which of the above features are lexical features, which features are contextual features, and how features of different types may interact to specify the meaning of between in context.