bluuebunny/crossref_metadata_2025 huggingface dataset:
The New Inter-American Poetry
Authors: Feinsod Harris
Published: October 2017

This chapter shows how revolutionary enthusiasms, experimental magazines, and translation fueled inter-American relations in the 1960s on the countercultural left. Previous critics note the Boom, but most US accounts of the period’s poetry center on the intra-national polarities (“margin versus mainstream” or “raw versus cooked”) inflamed by Donald Allen’s The New American Poetry (1960). The chapter instead describes a larger formation called “the new inter-American poetry,” recovering dialogues best emblematized by the hemispheric little magazine El Corno Emplumado, and the reciprocations engendered between the works of rebellious Beats and revolutionary Cuban barbudos, Paul Blackburn and Julio Cortázar, Clayton Eshleman and Javier Heraud, Pablo Neruda among his English translators, and others. These exchanges were not without their blind spots, and the chapter concludes by comparing the communities imagined by Frank O’Hara’s Lunch Poems (1964) to poems by contemporaneous visitors to Manhattan such as Mario Benedetti (Uruguay) and Alcides Iznaga (Cuba).
Duties to Act Triggered by Creation of the Peril
Authors: Alexander Larry
Published: October 2017

In the criminal law, there is no general duty to rescue others from peril. Rather, duties to rescue are triggered in specific ways, including by having created the victim’s peril. This trigger of the duty is the concern in this chapter. Some cases of creation of the victim’s peril are easy because one has taken an act that will cause harm in a way unmediated by the victim’s or others’ beliefs in the absence of a “rescue.” There are other cases, such as those of belief-mediated imperiling, that are not easy and indeed are quite puzzling. The other group of puzzling cases of imperiling are those in which one is a link in the causal chain that results in the victim’s peril but not the proximate physical cause of that peril. Duties to rescue are complex because the omitter’s culpability turns on his beliefs about several distinct facts.
Systematic Government Access to Private-Sector Data in Germany
Authors: Schwartz Paul M.
Published: October 2017

This chapter covers German law as it applies to government access to private-sector data. German law has long been strongly committed to informational privacy. Its protections are found at the constitutional and statutory levels. At the same time, legislation over the last two decades has expanded the ability of the government, including police and intelligence agencies, to process, store, and share personal information. The resulting databanks create elements of systematic access to personal data in Germany. At the same time, German unease with systematic data access is shown by the ongoing controversies with data retention and the abandoned ELENA process. Complex questions have also been raised by private sector attempts to create a Germany-only “cloud” as well as the significant and ongoing collaboration between German and US intelligence agencies.
Systematic Government Access to Private-Sector Data in Israel
Authors: Tene Omer
Published: October 2017

Israel is a democracy committed to the protection of human rights while at the same time trying to contain uniquely difficult national security concerns. One area where this tension is manifest is government access to communications data. On the one hand, subscriber privacy is a constitutional right protected by legislation and Supreme Court jurisprudence; on the other hand, communications data are a powerful tool in the hands of national security and law enforcement agencies. This chapter examines Israel’s attempt to balance these competing interests by empowering national security agencies while at the same time creating mechanisms of accountability. In particular, Israel utilizes the special independent status of the attorney general as a check on government power.
Systematic Government Access to Private-Sector Data in Canada
Authors: Bailey Jane , Shayan Sara
Published: October 2017

This chapter focuses on Canadian law as it applies to government access to private-sector data. The Canadian Charter of Rights and Freedoms implicitly provides constitutional protection of privacy by prohibiting unreasonable search and seizure by the state (s. 8) and by limiting government intrusion on life, liberty and security of the person (s. 7). With some exceptions, the Charter requires law enforcement agencies to seek prior authorization before accessing personal information. However, Canada’s national security intelligence agencies are subject to more relaxed standards. The Privacy Act regulates federal government institutions’ relationship with personal information, whereas the private sector is regulated by the Personal Information and Protection of Electronic Documents Act. However, numerous exceptions in both statutes allow for (and in some cases encourage), information sharing between private-sector and state entities.
Systematic Government Access to Private-Sector Data in the United States I
Authors: Pell Stephanie K.
Published: October 2017

After the September 11 attacks, law enforcement's mission expanded to include, at times even prioritize, the general “prevention, deterrence and disruption” of terrorist attacks, which presumed a new emphasis upon threat detection and identification by analyzing patterns in larger, less specific bodies of information. Indeed, the unprecedented level of “third-party” possession of information inevitably makes the private sector the most reliable and comprehensive source of information available to law enforcement and intelligence agencies alike. This chapter explores the potential applications of systematic government access to data held by third-party private-sector intermediaries that would not be considered public information sources but, rather, data generated based on the role these intermediaries play in facilitating economic and business transactions (including personal business, such as buying groceries or staying at a hotel on vacation).
Systematic Government Access to Private-Sector Data in Australia
Authors: Svantesson Dan Jerker B. , Azzopardi Rebecca
Published: October 2017

The chapter provides a summary of Australian privacy law including the Privacy Act and the Australian Privacy Principles. After describing the national legal context and fundamental principles governing Australia’s federal system of government with power distributed among six states, two territories, and the federal government, it describes laws separately governing law enforcement and intelligence agencies, including the Australian Security Intelligence Organisation (ASIO). The authors suggest that, although the Australian government has a range of powers to obtain private-sector data, those powers appear primarily aimed at obtaining specific data for specific purposes. Little was found by way of direct unmediated access by the government to private-sector data or government access to private-sector data in bulk.
Systematic Government Access to Private-Sector Data in Japan
Authors: Tsuchiya Motohiro
Published: October 2017

The Japanese legal system has been based on the German legal system since the mid-nineteenth century, but the American legal system was grafted onto it following Japan’s defeat in World War II in 1945. The postwar Constitution contained an article regarding the secrecy of communications and protected privacy in terms of respect of individuals. Now, as the Personal Information Protection Law in the Executive Branch, which was enacted in 1988, and the Personal Information Protection Law, which was enacted in 2003, strictly regulate privacy, there have been fewer problematic cases regarding governmental access to private-sector data. Data gathering for law enforcement or intelligence activities has also been weaker following World War II. Private-sector corporations/organizations might share data with government agencies, but based on voluntary arrangements, not by any mandatory system. More focus is being cast not on governmental access to private-sector data, but on citizen’s access to data.
Systematic Government Access to Private-Sector Data in the Republic of Korea
Authors: Jong Sang Jo
Published: October 2017

This chapter examines the statutory grounds for governmental access to private-sector data in Korea. It focuses on issues such as the circumstances under which access is allowed without a warrant and how unjustified government access can take place in practice. Systematic government access to private-sector data can take place through warrants issued by a court. Notably, due to the unique truce situation, under which the Republic of Korea is technically still at war with North Korea, Korean authorities are sometimes allowed to obtain private-sector data without warrants, for national security purposes. This chapter examines the statutory grounds for governmental access to private-sector data in Korea, focusing specifically on issues such as the circumstances under which access is allowed without a warrant and how unjustified government access can take place in practice.
Preventing the Police State
Authors: Vincent Sarah St.
Published: October 2017

This chapter is intended as a basic reference guide for lawyers, legislators, and advocates approaching the issue of mass surveillance—or surveillance more generally—through the lens of international human rights law for the first time. It focuses on the International Covenant on Civil and Political Rights and the human rights treaties that apply in Europe and the Americas, with a particular emphasis on the rights to privacy, freedom of expression and opinion, and an effective remedy for violations. Although the exact parameters of the right to privacy are still being decided, it appears increasingly clear that state interferences with any kind of communications data will generally be subject to a standard of strict necessity applied on an individualized basis, and there is presently a trend toward finding that mass surveillance—including systematic state access to data held or transmitted by the private sector—violates the human rights treaties.
Standards for Independent Oversight
Authors: van Eijk Nico
Published: October 2017

The point of departure for this chapter is the decision of the European Court of Justice in the Digital Rights Ireland case, which annulled the European Data Retention Directive, in part because the use of retained data was not made subject to independent oversight. Next, it examines judgments from the national courts of the Netherlands and the UK, also focusing on the independent oversight issue, declaring invalid the data retention laws of those two countries. From the Digital Rights Ireland case and others, seven standards for oversight of intelligence services can be drawn: the oversight should be complete; it should encompass all stages of the intelligence cycle; it should be independent; it should take place prior to the imposition of a measure; it should be able to declare a measure unlawful and to provide redress; it should incorporate the adversary principle; and it should have sufficient resources.
Stakeholders in Reform of the Global System for Mutual Legal Assistance
Authors: Swire Peter , Hemmings Justin
Published: October 2017

This chapter briefly explains the reasons that Mutual Legal Assistance Treaties (MLATs) and other forms of trans-border access to electronic data are vital and becoming increasingly more so for law enforcement in this age of globalized evidence. It then presents the goals of key stakeholders in MLAT reform: national governments other than the United States; the US government, both for law enforcement and other goals; technology companies, such as email and social network providers; and civil society, seeking goals including privacy, free speech, and democracy. This chapter is part of a broader research and law reform project on law enforcement access to electronic evidence held in other nations. Our ultimate goal is to propose reforms (or meaningful alternatives) to the Mutual Legal Assistance (MLA) system. Any such reforms, however, will have to be built on an accurate understanding of the incentives and perspectives of the major stakeholders.
“What Do Housewives Do All Day?”
Authors: Twarog Emily E. LB.
Published: October 2017

Chapter 4 explores two consumer rebellions by working- and middle-class housewives that sparked protests across the country. In 1969, suburban housewives in Chicago ramped up a campaign demanding more transparency in labeling. They were not only angry over the high cost of meat but also by what they considered to be deceptive packaging. Their efforts gained national media attention and soon forced midwestern supermarket chains to change their labeling practices. Meanwhile, housewives on Long Island launched a meat boycott demanding an explanation from the federal government for why food prices were so high. These stories are driven by oral interviews conducted by the author and have been relatively unknown until now.
The January 25th Uprising
Authors: Jumet Kira D.
Published: October 2017

This chapter uses qualitative data and interviewee accounts to explain how government violence and repression affected protest mobilization during the Egyptian Revolution. It examines rational altruistic decisions to protest and the emotional mechanisms, such as moral shock and moral outrage, which produce such decisions. The chapter focuses on the emotion of “moral shock” in the face of government violence, as well as feelings of nationalism and “collective national identity,” as motivators for protest. The chapter also investigates instances where elements of empathy or feelings of injustice were absent from the emotional process. When such elements were missing, individuals were deterred from participating in protest.
Passionate Human Nature
Authors: Schliesser Eric
Published: October 2017

The aim of this chapter is to offer a detailed survey of the main elements of Smith’s understanding of human nature in order to understand his views on human flourishing as it is fleshed out in his moral psychology, his moral theory, his philosophy of science, and his political economy. In addition this chapter offers a succinct introduction to “Smithian social explanation.” This chapter also introduces Smith’s account of the passions. In TMS Smith treats primarily of moral sentiments—that is, only a subset of all the passions. This chapter argues that in addition to the moral sentiments, Smith recognizes other sentiments: the so-called natural sentiments and the intellectual sentiments. This chapter embeds Smith’s theory of the passions in his understanding of the historical development of human propensities, including language, cognition, and reason.
Society and Political Taxonomy
Authors: Schliesser Eric
Published: October 2017

This chapter discusses some of Adam Smith’s more important economic and political categories. It argue that it is misleading to understand Smith as a methodologic individualist. In particular, it argues that “society” is a crucial category in Smith’s political philosophy. But unlike the Stoicizing interpretation of Smith, this chapter argues that for Smith a society is not by definition harmonious. In particular, there is inherent class conflict between wage-earning and profit-seeking classes. Smith also diagnoses other sources of faction and pays particular attention to social orders. In addition, this chapter introduces Smith’s the nature of status quo bias when contemplating political change.
Adam Smith’s Foundations for Political Philosophy
Authors: Schliesser Eric
Published: October 2017

This chapter sketches Adam Smith’s political philosophy, which is the activity of a citizen belonging to a particular community at given time and place. This project is neither exclusively descriptive nor only focused on what is commonly thought attainable. For Smith, the historical baseline of one’s time has normative significance. He does not resist changes from the status quo, but whatever changes he proposes are constrained by existing institutional arrangements. Part of the philosopher’s task is to offer visions of society that, while not impossible, are more just and more reasonable. One way in which such a vision can be offered is via historical narrative, which reveals the nature of that baseline and makes visible a second-order reflection on the ways it might be altered. In doing so, the philosopher offers an image that may speak simultaneously to one’s own society and those in others, including future ones.
Philosophy of Science
Authors: Schliesser Eric
Published: October 2017

This chapter articulates Adam Smith’s philosophy of science. The first section emphasizes the significance of Smith’s social conception of science—science takes place, not always comfortably, within a larger society and is itself a social enterprise in which our emotions play a crucial role. Even so, in Smith’s view science ultimately is a reason-giving enterprise, akin to how he understands the role of the impartial spectator. The second and third sections explain Smith’s attitude to theorizing and its relationship, if any, to Humean skepticism. Smith distinguishes between theory acceptance and the possibility of criticism; while he accepts fallibilism, he also embraces scientific revolutions and even instances of psychological incommensurability. His philosophy is not an embrace of Humean skepticism, but a modest realism. Finally, the chapter explores the implications of Smith’s analysis of scientific systems as machines.
The Methodology of Wealth of Nations
Authors: Schliesser Eric
Published: October 2017

This chapter aims to give an interpretation of Adam Smith’s main methods in Wealth of Nations. It does so by focusing on the crucial analytical distinction between natural prices and market prices. Smith postulates a “natural course” of events in order to stimulate research into institutions and other causes that cause actual events to deviate from it. For Smith, scientific theory is among other functions, a research tool that allows for a potentially open-ended process of successive approximation. Smith’s explanation of the introduction of commerce in Europe is contrasted with that of his friend and forerunner David Hume. Hume’s essay “Of the Populousness of Ancient Nations” may have inspired Smith to develop his method.
Conclusion
Authors: Schliesser Eric
Published: October 2017

The concluding chapter defends Adam Smith from Jonathan Israel’s criticism (and misrepresentation). Israel treats Smith as belonging to the moderate Enlightenment. While this chapter is agnostic about the moderate vs radical Enlightenment distinction, it suggests that Adam Smith offers enduring criticisms of applying Radical thought to political affairs. By contrast, this chapter treats Adam Smith as an exemplary philosopher not in terms of the doctrines defended, but rather as a model, who shows how philosophers of each generation need to develop normative and political ideals in light of other systematic commitments that may guide policy in a humane and responsible fashion.
Comparing International Law Academics
Authors: Roberts Anthea
Published: October 2017

This chapter identifies and explores some of the nationalizing, denationalizing, and westernizing influences that reflect and reinforce the divisible college of international lawyers. Part I focuses on transnational flows of student and materials, which provide a template for understanding some of the asymmetries that characterize the field. Students are more likely to move from peripheral and semiperipheral states toward core states, and from non-Western states to Western ones, than the reverse. Legal concepts and materials, like textbooks and case law, are more likely to move from core states to peripheral and semiperipheral ones, and from Western states to non-Western ones, than vice versa. Parts II, III, and IV then look at how the educational profiles of international law academics in different states, their publication placements, and their connections to practice reflect and reinforce certain forms of difference and dominance that help to structure international law as a transnational legal field.
Conceptions of the Self
Authors: Ivanhoe Philip J.
Published: October 2017

This chapter explores the general question of what it is to have a notion of the self and surveys a range of contemporary accounts of what the self might be. It challenges the widely yet uncritically held “hyper-individualist” conception of the self and argues that how one conceives of the self is strongly underdetermined by empirical evidence or conceptual constraints. It presents neo-Confucian conceptions of the self as an example of a traditional expression of the oneness hypothesis and shows how one can develop more relational and interdependent conceptions of the self, inspired by and partly modeled on such a view, that are not inconsistent with the best science of the day. It shows there is nothing incoherent or irrational in living in light of such conceptions, and the happy consequences to both self and other of choosing to live such a life offer good reasons to do so.
The Social Organization of Secrecy
Authors: Stone Michael E.
Published: October 2017

In this chapter we study the mysteries and secrecy in Greco–Roman antiquity. The cults of Mithras and Isis as mysteries and revelations to their initiates, as well as the “Mithras Liturgy” and magical elements of the ascent, are examined. Secret groups have tripartite social structures. There is evidence for secret societies in Ancient Judaism other than Essenes and Therapeutae. The identification of the Qumran covenanters and of the Essenes is explored. We look at cryptic writing and secrecy within groups. The role of women in some groups is discussed. Past discoveries of Dead Sea manuscripts and documents are outlined.
“Circles Behind . . .” and Final Thoughts
Authors: Stone Michael E.
Published: October 2017

The fit among groups whose existence is inferred by scholars from the contents of written works and those groups attested in historical sources is discussed. We now acknowledge the contemporaneous existence of various groups. We detect the existence of secret groups and the influence their existence may have on our understanding of STPsociety. Once we accept the existence of secret knowledge and secret groups, then their existence in turn changes the character of knowledge in the society within whose boundaries given secret traditions exist. The existence of the secret society and the way it is structured are results of the existence of knowledge, whether conceptual or practical, that a group of people is convinced must be kept hidden.
Subsidies Regulation Beyond the WTO
Authors: Borlini Leonardo
Published: October 2017

An increasingly important aspect of EU trade policy since the lifting of its self-imposed moratorium on preferential trade agreements (PTAs) has been the inclusion of WTO+ provisions on subsidies in bilateral agreements negotiated with a number of third countries. This article covers the main bilateral PTAs negotiated after the publication of the Commission’s Communication on ‘Global Europe’ in order to explore the implications of the different subsidy disciplines they set out. It also discusses the questions that arise when examining the legal discipline of public aid provided by such agreements, regarding not only the substantive appropriateness of standards and rules on compatibility, but also the procedural mechanisms designed to guarantee the implementation and the enforcement of such rules. It concludes that the most advanced among the EU PTAs are shaped as competition regulation and go beyond a mere negative function, ensuring that subsidies can contribute to fundamental public goals.
Introductory Note
Authors: Merrills John G.
Published: October 2017

In 2015 the International Court of Justice (ICJ) gave three judgments and made a number of orders. In various ways this jurisprudence, although modest in extent, contributed to the elucidation of international law on several procedural, as well as substantive matters. In that year no new cases were begun, but one case was discontinued. At the beginning of 2016 there were therefore ten cases on the Court’s docket. The Court’s work in 2015 demonstrates that through its decisions it continues to assist states to resolve their international disputes peacefully and at the same time to contribute to the clarification and development of international law.
Introductory Note
Authors: Oriolo Anna
Published: October 2017

With the completion of the Appeals Chamber’s Nyiramasuhuko et al. (or Butare) case, the ICTR formally closed its doors on 31 December 2015 with a verdict that has gone down in history on the grounds that Pauline Nyiramasuhuko, the only female to be indicted by the ICTR, is the first woman to be charged (and convicted) for genocide and rape as crimes against humanity before an international court. Since its opening in 1995, the Tribunal has indicted ninety-three individuals comprising high-ranking military and government officials, politicians, businessmen as well as religious, militia and media leaders, concluding proceedings for eighty-five accused. Throughout its two decades of work, the Tribunal produced a substantial body of jurisprudence on genocide and other serious violations of international humanitarian law, playing a pioneering role in establishing a credible international criminal justice system.
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Buono Anna , Oriolo Anna
Published: October 2017

Prosecutor v. Pauline Nyiramasuhuko, Arsène Shalom Ntahobali, Sylvain Nsabimana, Alphonse Nteziryayo, Joseph Kanyabashi and Élie Ndayambaje, Case No. ICTR-98-42-A, Appeals Chamber, Judgment, 14 December 2015

Contents**

I.INTRODUCTION

II.APPEALS OF CO-ACCUSED

A.APPEAL OF PAULINE NYIRAMASUHUKO

B.APPEAL OF ARSÈNE SHALOM NTAHOBALI

C....
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Brisard Sébastien , Cantillo Guglielmo , Grimberger Ramona , Hanley-Emilsson Victoria , Hevesi Rebeka , Napoli Nadia , Oriolo Anna , Pantelodimou Eirini , Spano Alessandro , Varga Zsofia , Vigorito Anna , Capaldo Giuliana Ziccardi
Published: October 2017

Council of the European Union v. European Commission, Case C-409/13, Grand Chamber, Judgment, 14 April 2015

European Commission v. Vanbreda Risk & Benefits, Case C‑35/15 P(R), Order of the Vice-President of the Court, 23 April 2015

Geoffrey Léger v. Ministre des Affaires sociales, de la Santé et des Droits des femmes, Établissement français du sang...
The Oxford English Literary History
Authors: Ezell Margaret J. M.
Published: October 2017

This volume in the Oxford English Literary History series covering 1645–1714 removes the traditional literary period labels and boundaries used in earlier studies to categorize the literary culture of late seventeenth-century England, from the Interregnum, through the Commonwealth, the Restoration, and the first decades of the eighteenth century. It explores the continuities and literary innovations occurring as English readers and writers lived through turbulent, unprecedented events, including a King tried and executed by Parliament and another exiled, the creation of the national entity ‘Great Britain’, and an expanding English awareness of New World, and the cultures of Asia and the subcontinent. The period saw the continuation of manuscript cultures and the establishment of new concepts of authorship; it saw a dramatic increase of women working as professional, commercial writers. London theatres closed by law in 1642 reopened with new forms of entertainment. Emerging literary forms such as epistolary fictions and topical essays were circulated and promoted by new media including newspapers, periodical publications, and advertising. Laws governing censorship were changing and initial steps were taken in the development of copyright. The period produced some of the most profound and influential literary expressions of religious faith, from John Milton’s Paradise Lost to John Bunyan’s Pilgrim’s Progress, while simultaneously giving rise to a culture of libertinism and savage polemical satire, as well as fostering the new dispassionate discourses of experimental sciences and the conventions of popular romance.
Fictions: The Pilgrim’s Progress, the New ‘Novels’, and Love and Erotica
Authors: Ezell Margaret J. M.
Published: October 2017

An examination of marketing of the wide variety of popular forms of fiction, including John Bunyan’s didactic The Pilgrim’s Progress, which enjoyed continuing popularity. There was an increase of titles using the term ‘novel’, and a continuation of titles called romances, while there was a marked increase in titles which were erotica or pornographic political satires.
Chronology and Conceptualization of ‘Integrated Border Management’: The ‘Embodied Border’ Paradigm
Authors: Moreno-Lax Violeta
Published: October 2017

Since the communautarisation of the Schengen acquis, the EU is meant to build a system of ‘integrated border management’ (IBM) to help ensuring the administration of migratory flows ‘at all their stages’. The idea is that effective entry control cannot be based solely on checks at the external borders of the Member States but ‘must cover every step taken by a third country national from the time he begins his journey to the time he reaches his destination’. EU entry/pre-entry controls thus comprise a series of extraterritorial measures carried out abroad. This chapter describes this evolution in detail. It traces the origins and development of IBM, covering institutional, constitutional, as well as legal and political changes to the present day. The recognition that the ‘strengthening of European border controls should not prevent access to protection systems by those people entitled to benefit under them’ is introduced also at this stage, providing the starting point to the entire research.
Common Visa Policy: Bordering from Abroad—Applying Admission Criteria before Departure
Authors: Moreno-Lax Violeta
Published: October 2017

Visas are specifically aimed at controlling admission at the stage of pre-departure and constitute one of the essential requirements for entry under the Schengen Borders Code. This chapter examines the common policy of the EU, conceptualizing them as pre-authorizations of entry granted before arrival in the territory of the Member States. Visa requirements, as introduced in the Visa Regulation, are perused at the outset, taking account of periodic revisions of the visa lists and the criteria for amendment considered relevant by the EU legislator. The key features of the uniform visa format and the Visa Information System (VIS) are briefly presented, highlighting their contribution to the securitisation of migration flows. Then, the visa issuing procedure, as governed by the Community Code on Visas (CCV), is examined. The final section is reserved to the analysis of the implications of the different components of the policy regarding access to asylum in the Member States.
Licence-Created Monopolies
Authors: Shemtov Noam
Published: October 2017

This chapter examines whether contract law may be used to override or redefine the exceptions and limitations in existing copyright laws with regard to software licences. It shows that right holders favour licensing over sales and use the licensing model to regulate the ability of licensees to utilize functional elements of the software and reverse engineer it. The chapter also explains how the software industry uses technology-based solutions to restrict reverse engineering and reproduction. The principle of the freedom of contract is examined, and the legal principles that may limit its application are surveyed. Next, the combined effect of contracts of adhesion and technological protection measures on the use of software and software products are examined. Finally, software’s unique specificities as a protectable subject matter, as a ground for a balanced juridical approach in relation to the combined effect of copyright law, contract law, and anti-circumvention provisions, are discussed.
Legal Mechanisms for Mitigating the Effect of Restrictive Licensing Provisions
Authors: Shemtov Noam
Published: October 2017

This chapter examines the legal mechanisms for mitigating the effect of restrictive licensing provisions used by right holders to regulate the use of functional elements of software, focusing on both negotiable and non-negotiable licences. In particular, it considers the extent to which existing judicial and statutory tools are effective in regulating restrictive licensing provisions in the software industry. The chapter first discusses contract law-based mechanisms, giving emphasis to the implications of whether a transaction is classified as a sale or a licence for the publishers’ ability to restrict third parties from reproducing or appropriating functional features in their software product. It then analyses pre-emption-based mechanisms, as well as competition law-based mechanisms, citing the EU competition law and the US antitrust law.
The Idea–Expression Dichotomy and its Role in Software-Related Disputes
Authors: Shemtov Noam
Published: October 2017

This chapter examines the idea-expression dichotomy principle and its application in dealing with software copyright infringement disputes. More specifically, it asks to what extent access to ideas or information embedded in the author’s work, as well as the freedom to utilize them, is justified as a matter of copyright law jurisprudence. The chapter first traces the origins of the idea-expression dichotomy and the key milestones in its development, before discussing the arguments for and against it. It also analyses the application of the idea-expression dichotomy in software-related disputes in the United Kingdom, European Union, and United States, with particular focus on functional aspects of software products and services. Finally, it looks at the public policy considerations that stand at the heart of the idea-expression dichotomy principle and their relevance to the software-industry context.
Trade Secrets and the Software Industry
Authors: Shemtov Noam
Published: October 2017

This chapter examines the trade secrets regimes in the European Union and the United States, with particular emphasis on how they affect the software industry. Almost every intellectual property right originates in a secret. For example, an inventor keeps his inventive concept secret until he files for a patent. The same may apply to a designer in relation to a new product design until a registered design application or a design patent application is filed. These early stages of conception often require protection against misappropriation. The chapter considers the legal basis for granting trade secrets protection and the relevant conditions for such protection. Next, it discusses the EU and the US legal frameworks governing the misappropriation of trade secrets in relation to software products, with particular emphasis on the treatment of reverse engineering under trade secrets law.
How Unicepts Get Their Referents
Authors: Millikan Ruth Garrett
Published: October 2017

The question what determines the referents/extensions of unicepts is the same as the question how their unitrackers are set up and tested for adequacy, a question that concerns, roughly, conceptual development. A unicept’s referent is what its unitracker is designed to track—its target. The central question of this chapter is how selection for same-tracking a target occurs, what kinds of selection mechanisms are involved. Certain inborn mechanisms and mechanisms derived from prior learning can determine how experience sets some targets for new unitrackers. An animal’s native reward system can also furnish targets for new procedural unitrackers. New kinds of substance and attribute unitrackers can also be tested through a kind of coherence. The laws of identity and noncontradiction work together as a confirming signal and an error signal during the development of substance and attribute unicepts, local coherence indicating distal correspondence.
Introduction to Part II
Authors: Millikan Ruth Garrett
Published: October 2017

This chapter serves as an introduction to Part Two. Two fundamentally different kinds of signs are introduced: “informational signs” or “infosigns” and “intentional signs” or “intensigns.” Natural signs are one example of infosigns. Information carried by infosigns is “natural-content information” or just “natural information.” Many signs are both informational and intentional. Central examples are “Normally true sentences,” that is, true sentences that express knowledge. Because Normally true intentional signs are also infosigns, it is possible to understand them in the same way that one understands ordinary infosigns, as one understands, for example, natural signs. In particular, it is possible to understand them without recognizing the speaker’s intention in speaking. The challenge, then, will be to the Gricean program of semantica and pragmatics.
Intentional Signs
Authors: Millikan Ruth Garrett
Published: October 2017

An intentional sign family has the structure of an infosign family, with variants and invariants. It is a reproductively established family, a REF, that proliferates because enough of its members are also members of an informational sign family and, as such, have served to effect communication between cooperative senders and receivers that have learned or been designed or use these signs for mutual benefit. It is a proper function of an intentional sign to complete such a communication process by producing a cooperative overt or covert receiver response. In Normal cases, this response benefits or fits with further purposes of both sender and receiver. Intentional signs that fail to carry natural information that coincides with their intentional content are wrong, false, or unfulfilled. Besides linguistic signs, intentional signs include signals used by non-human animals, maps, charts and diagrams, instrument readings, and inner representations.
Out-Side Pragmatics
Authors: Millikan Ruth Garrett
Published: October 2017

Out-side pragmatics concerns cases in which the referent of a construction is not fixed by the intentional content of the utterance but is a “natural referent,” fixed by the construction’s informational content. Examples are incomplete definite descriptions, clauses with unrestricted quantifiers, possessives. In these cases the linguistic sign contains a marker that conventionally directs a hearer to look outside of semantic content for a natural referent. Other times, although its referent is semantically determinate, the construction’s surface form is ambiguous in a way that requires looking outside for its natural referent, as is the case when someone starts talking about “Jane” or “Mary” without supplying any conventional indication of which Jane or Mary they are talking about.
Methodological challenges in historical linguistics
Authors: Jenset Gard B. , McGillivray Barbara
Published: October 2017

Chapter 1 sets out the aims of the book, and introduces the core topics of models in historical linguistics, and the role of quantitative vs. qualitative methods in historical linguistics. The importance of use of both quantitative and qualitative models simultaneously is discussed. The chapter also introduces the ‘chasm’ metaphor for the current situation in historical linguistics, where quantitative methods are still confined to a minority of researchers in the field, but a methodological ‘chasm’ seems to separate them from the majority. A meta study of current research in historical linguistics is presented to substantiate this claim. The meta study shows that, compared to the leading general linguistics journal, historical linguistics is lagging behind in adopting quantitative research methods.
(Re)using resources for historical languages
Authors: Jenset Gard B. , McGillivray Barbara
Published: October 2017

Chapter 5 covers the topic of language resources in historical linguistics. It explains the relationship between historical corpora and language resources in a data-driven framework, and refers to valency lexicons as an example. The chapter also points to resources external to the linguistics community, and shows how these can enrich the research process in historical linguistics. We explain the basic concepts of linked data, and argue for a more extensive linking of linguistic resources with other types of resources, including gazetteers and prosopographical data. We provide a worked example from the LexInfo ontology.
Colonial development by intersector labour transfer, 1950–69
Authors: Toye John
Published: October 2017

As the colonization approach, metropolitan power tried to legitimize their rule by claiming that they aim at economic development. Arthur Lewis criticized the British colonial development plan for lacking comprehensiveness and, in the 1940s, laid out his own manifesto for rapid industrialization. Later, in Manchester University, he wrote the significant 1951 UN report on development and his famous article on development by intersector labour transfer. His controversy with Herbert Frankel did not satisfy the critiques, but became the bible for those who identify development with industrialization. Lewis’s time as a policy advisor to Ghana Kwame Nkrumah left him doubtful about the possibility of successful development planning and he effectively withdrew from the development scene, despite retaining Enlightenment values.
Development as economic growth, 1956–
Authors: Toye John
Published: October 2017

Economists often conflate the theory of economic development with the theory of economic growth. This practice has become increasingly popular since Robert Solow made elegant improvements to the Harrod–Domar growth model, but left it unclear whether it was meant to be applicable in developing countries. Solow’s model has one sector only and aggregates growth as increased GNP. It has no place for changes in the balance between economic sectors that characterize development. A related technique is growth accounting, which disaggregates growth into amounts generated by capital and labour inputs, and a residual attributed to technical change and all other influences on growth. The finding that the residual outweighs the effect of factor inputs is subject to measurement problems, and ignores the question of large productivity differentials between sectors.
Development doctrines doubted, 1951–77
Authors: Toye John
Published: October 2017

When economic development became a modern policy objective in the 1950s doubters entered into the controversy with the ‘experts’. This chapter gives an account of three such controversies. In the first the protagonist was Arthur Lewis. His antagonist was S. H. Frankel, basing his argument on South African experience. In the second encounter C. P. Snow was attacked by F. R. Leavis for his cultural superficiality and materialism. The third debate between Fritz Schumacher and Nicholas Kaldor was more fruitful, leading to the birth of the Intermediate Technology Development Group. The cumulative effect was the dethroning of the development expert.
Conclusion: The last grand narrative of development, 1938–
Authors: Toye John
Published: October 2017

This concluding chapter seeks to explain how neo-liberal ideas were transformed into a neoclassical doctrine and the forces, political and economic, that allowed it to influence developing countries. It goes on to speculate that neo-conservatism will be the last grand narrative of development, attributing this intellectual closure to the widespread adoption of the method of random controlled trials, pioneered in medicine, for the testing of individual policy intervention. This method may produce a plethora of valid petty narratives, but without any grand narrative to give overall coherence. Fragmentation will breed inevitable incoherence.
Artefacts of Writing
Authors: McDonald Peter D.
Published: October 2017

Some forms of literature interfere with the workings of the literate brain, posing a challenge to readers of all kinds. This book argues that they pose as much of a challenge to the way states conceptualize language, culture, and community. Drawing on a wealth of evidence, from Victorian scholarly disputes over the identity of the English language to the constitutional debates about its future in Ireland, India, and South Africa, and from quarrels over the idea of culture within the League of Nations to UNESCO’s ongoing struggle to articulate a viable concept of diversity, it brings together a large group of legacy writers, including T. S. Eliot, James Joyce, and Rabindranath Tagore, putting them in dialogue with each other and with the policymakers who shaped the formation of modern states and the history of internationalist thought from the 1860s to the 1940s. The second part of the book reflects on the continuing evolution of these dialogues, showing how a varied array of more contemporary writers from Amit Chaudhuri, J. M. Coetzee, and Salman Rushdie, to Antjie Krog, Arvind Krishna Mehrotra, and Es’kia Mphahlele cast new light on a range of questions that have preoccupied UNESCO since 1945. At once a novel contribution to institutional and intellectual history and an innovative exercise in literary and philosophical analysis, Artefacts of Writing affords a unique perspective on literature’s place at the centre of some of the most fraught, often lethal public controversies that defined the long-twentieth century and that continue to haunt us today.
Oxford at the Crossroads
Authors: McDonald Peter D.
Published: October 2017

This chapter reflects on questions of language, culture, community, and the state via the history of Oxford University (1860 to 1939). After considering Matthew Arnold’s ambivalence about his alma mater, it turns to the quarrel over the identity of the English language between the historian E. A. Freeman and the lexicographer James Murray and its impact on the Oxford English Dictionary. The second section traces this quarrel through the disputes about the creation of the new School of English in Oxford in the 1890s, focusing on the relationship to the established School of Literae Humaniores and the idealist assumptions underpinning the debate. The third section shows what bearing this had on the creation of the International Committee for Intellectual Co-operation, the precursor to UNESCO, in the interwar years. It centres on Gilbert Murray, then Professor of Greek at Oxford, and concludes with his public exchange with Tagore in 1934.
Prologue
Authors: McDonald Peter D.
Published: October 2017

The section introduces Part II, which spans the period 1946 to 2014, by tracing the history of the debates about culture within UNESCO from 1947 to 2009. It considers the central part print literacy played in the early decades, and the gradual emergence of what came to be called ‘intangible heritage’; the political divisions of the Cold War that had a bearing not just on questions of the state and its role as a guardian of culture but on the idea of cultural expression as a commodity; the slow shift away from an exclusively intellectualist definition of culture to a more broadly anthropological one; and the realpolitik surrounding the debates about cultural diversity since the 1990s. The section concludes by showing how at the turn of the new millennium UNESCO caught up with the radical ways in which Tagore and Joyce thought about linguistic and cultural diversity.
Notes towards a Vagabond Humanism
Authors: McDonald Peter D.
Published: October 2017

Seen in the context of UNESCO’s long-running debates about the concept of humanism, this chapter considers the importance Tagore had for the South African writer Es’kia Mphahlele. It focuses on the way he influenced Mphahlele’s internationalism and his commitment to ‘Afrikan Humanism’ as a way of reconciling the particular and the universal. Following this lead, the chapter goes on to consider the impact the Bāul singers of Bengal had on Tagore’s own humanism and the bearing this complex network of inheritances and connections has on the way UNESCO understands interculturality.