bluuebunny/crossref_metadata_2025 huggingface dataset:
The English and the Normans
Authors: Thomas Hugh M.
Published: January 2010

Since the Anglo-Norman period itself, the relations between the English and the Normans have formed a subject of lively debate. For most of that time, however, complacency about the inevitability of assimilation and of the Anglicisation of Normans after 1066 has ruled. This book first challenges that complacency, then goes on to explain why the two peoples merged and the Normans became English following years of ethnic hostility. Drawing on anthropological theory, the latest scholarship on Anglo-Norman England, and sources ranging from charters and legal documents to saints' lives and romances, it provides an exploration of ethnic relations on the levels of personal interaction, cultural assimilation, and the construction of identity, investigating the notion of ‘Englishness’ in the Middle Ages. As a result, the work provides a case study in pre-modern ethnic relations that combines both old and new approaches, and sheds new light on some of the most important developments in English history.
Ethnic Identity and Cultural Difference
Authors: THOMAS HUGH M.
Published: January 2010

In the late 11th century, English society was permeated by an awareness of ethnic difference, and of the contrast between English and Normans. Most strikingly, awareness of ethnic difference spread throughout bureaucratic systems and documents. An understanding of the level of the cultural divide between the English and the Normans, and the nature of the precise differences, is an important prerequisite to understanding the interaction between them. This chapter focuses on cultural differences that contemporaries described, because those are the ones most likely to have served as markers of ethnic difference in post-conquest England. Fortunately for the development of ethnic harmony, the English and the conquerors had much in common, thus lessening the possibility of irreconcilable cultural clashes that could permanently divide them. Nonetheless, the cultural differences were by no means negligible, and this chapter shows that a fair amount of acculturation was necessary before the two peoples could hope to become one.
The Interaction of English and Normans: Methodological Considerations
Authors: THOMAS HUGH M.
Published: January 2010

Assimilation and the construction and maintenance of ethnic identities are social processes, and one must not lose sight of the fact that individual humans are the driving force behind them. Individual people, by developing new relationships across ethnic lines over the course of generations, cumulatively create assimilation. By exchanging beliefs, practices, and ideas between different groups, they bring about cultural assimilation. The collective impact of their personal decisions causes the loss, maintenance, or triumph of a particular ethnic identity. This chapter explores important issues and problems of methodology, terminology, evidence, and definition concerning the personal interaction between English and Normans. Because the interaction occurred over several generations, the focus is on the precise role of descent in ethnicity in this society.
The Peasants and the Middling Sort
Authors: THOMAS HUGH M.
Published: January 2010

Common people, most of who lived in the countryside, played a significant role in cultural assimilation between the Normans and the English during the medieval period. This chapter examines the presence of immigrants in rural areas, outside of the aristocracy, the relations of the ordinary English people of the countryside with the immigrants, and their influence on identity and culture in England after the Norman conquest. It also explores the interaction of class and ethnicity, particularly through a discussion of relations between native country people and Norman aristocrats. The chapter provides a nuanced picture of the role of English peasants and the way in which class divisions limited it. The term ‘peasant’ and the phrase ‘middling sort’ are explained. Immigration after the conquest was not limited to the elites, but included lesser people as well.
Townspeople
Authors: THOMAS HUGH M.
Published: January 2010

Townspeople were far less numerous than peasants, but more important to cultural assimilation, and perhaps to the survival of Englishness. Towns were important in ethnic interaction, due to the fair amount of immigration from the Continent to urban centres, and natives also remained an important presence at all levels of urban society. Towns and cities were therefore obvious places where Normans and English could intermingle and cultural influences could be interchanged. This chapter examines the strength of the English presence among the elites of both large cities and small towns in England. Because a relatively small social distance divided rural landholders and powerful townspeople, many of whom were rural landholders themselves, wealthy native townspeople could interact and intermarry not only with their immigrant counterparts in towns, but also with immigrant aristocrats. All townspeople, French and English, poor and rich, played a role in assimilation and the question of identity, but the native urban elites were particularly important.
The Religious
Authors: THOMAS HUGH M.
Published: January 2010

The clergy, regular and secular, native and immigrant, were central to cultural assimilation and the triumph of English identity during the medieval period. On the level of the personal, the church provided an existing set of institutions and relationships that drew English and Normans together and forced them to interact, ultimately with very positive results for ethnic harmony. Religious difference in the Middle Ages was one of the greatest sources of ethnic hostility, and in Christian Europe, including England, religious minorities suffered terribly. In the case of the English and Normans, however, religion ultimately helped to unite the two peoples. Far greater evidence survives of close cooperation and of affective relationships at an early stage involving Norman and English monks, nuns, and clerics than the laity. Undoubtedly this owes much to the bias of the sources toward the religious, but this chapter also argues that many within the church were pioneers in creating harmonious relations across ethnic lines.
The Defence of English Honour
Authors: THOMAS HUGH M.
Published: January 2010

In an article published in 1973, R. W. Southern argued that a key inspiration for the burst of historical writing in England in the aftermath of the Norman conquest was the desire to cope with the changes brought by it and to preserve as much as possible of the pre-conquest past. This is by now a well-established point in the historiography. This chapter contends that much history, as well as other writing, was animated by a desire to protect English pride and honour against the accusations, negative stereotypes, and casual scorn of the Normans. The debate over Norman and English character was crucial for the eventual triumph of English identity. With the occasional exception, people will adopt a new ethnic identity voluntarily only if that identity is an honourable and respectable one. Rarely do people choose to belong to a low-status group, and thus any movement across ethnic lines tends to go toward the more prestigious group.
The Image of England and a Sense of Place
Authors: THOMAS HUGH M.
Published: January 2010

An important support for the emergence of Englishness after the Norman conquest was the construct of England. This raises important questions about the relations between place and identity and about how a large and highly abstract geographic designation could command loyalty and therefore influence questions of ethnicity. This was typical of a process known as the territorialisation of memory, by which ethnic identity can lead to a new conceptualisation of landscape through linking a place to a people and their historical memory. This chapter examines how a conceptualisation of the landscape and a sense of place influenced ethnicity. More specifically, it examines the survival of the concept of England after the conquest, and its contribution to the triumph of English identity. It argues that in contrast to Englishness, which became problematic because of the introduction of ethnic divisions and the creation of a non-English ruling elite, the concept of England remained largely unaffected by the conquest.
The English Church, English Saints, England, and the English
Authors: THOMAS HUGH M.
Published: January 2010

Another institution that led immigrants to feel a part of England, and therefore promoted Englishness, was the English church. Like the English government, the English church acted in subtle but important ways to reshape geographic and ethnic loyalties. As an institution with responsibility for the spiritual well-being of the inhabitants of England, the English church could foster a collective identity in the country. It could also foster cultural unity, at least once some of the initial disputes, such as the confrontation at Glastonbury over liturgy, were healed. As the loyalty of immigrant laypeople shifted to local churches and as powerful members of the laity became involved in issues involving the English church, they too could have been drawn into a nexus of existing ideas and loyalties that would help in their Anglicisation. This chapter provides some illustrations of precisely how saints were associated with and raised the prestige of both England and the English.
The Intensification and Politicization of English Identity
Authors: THOMAS HUGH M.
Published: January 2010

English identity and anti-foreign feeling were important in English politics during the 13th century. This chapter examines five interrelated developments in the reigns of Richard I and John. The first was the intensification of English identity among the predominantly immigrant elites. The second was the increasingly strong focus on the realm of England as a community to which loyalty was owed. The third was the development of a politically based xenophobia, directed not only against potentially hostile or disruptive outsiders, but also against new immigrants who might compete for power and royal favour with the established and increasingly English elites. Fourth was the solidification of anti-French views during the civil war surrounding Magna Carta. Fifth was the increasing tendency to view politics through an ethnic or national lens. In tracing the politicization of Englishness, this chapter pays as much attention to the interpretation of events and the rhetoric surrounding them as to the events themselves.
Lecture Three— Function and Explanation
Authors: COLEMAN JULES L.
Published: January 2010

This chapter returns to the idea that tort law is a human practice that, broadly speaking, serves certain functions. It argues that if it is to be understood as a causal-functional account, the economic analysis of tort law has not risen beyond being a ‘Just So Sorry’. It does not defend its claim that tort law actually produces optimal deterrence, and more importantly, it proposes no causal mechanism that might explain how this putative fact about the outcome or effect of tort law might explain tort law’s existence, persistence, and shape.
Lecture Eleven— Legal Content, Social Facts, and Interpretive Practice
Authors: COLEMAN JULES L.
Published: January 2010

This chapter outlines the chapter’s views on three fundamental substantive questions in jurisprudence regarding the relationship between law and political morality. These are: (1) What are the existence conditions of the criteria of legality in any community? (2) What are the constraints, if any, on the content of those criteria? (3) How do we construct the content of the law of any community? It is argued that conceptual analysis reveals that the existence conditions of the criteria of legality are social, not moral facts; that morality can be, but need not be, a criterion of legality; and that determining the content of law in any community is not an exercise in political morality.
The Essential Role of Organizational Law
Authors: HANSMANN HENRY , KRAAKMAN REINIER
Published: January 2010

This chapter examines the legal and institutional framework required for affirmative asset partitioning and its economic role in organization enterprise. It argues that the essential role of organizational law is to define the property rights over which the participants in the firm can contract. The separation of the firm's assets and its participants is called ‘affirmative asset partitioning’. The chapter also considers a second form of asset partitioning, ‘negative asset partitioning’ or limited liability, which functions to protect owners by limiting creditors of the entity to purse claims on shareholders' separate assets. It is argued that negative asset partitioning plays a secondary role to affirmative asset partitioning. Affirmative asset partitioning played a central role in enhancing the development of modern business activity.
The Evolving Partnership
Authors: RIBSTEIN LARRY E.
Published: January 2010

This chapter considers whether partnership law as it developed in the United States has evolved to efficiency as a consequence of regulatory competition. Section 6.2 broadly describes partnerships, contrasting the traditional and new varieties, and partnership with corporation. Section 6.3 discusses the forces that have shaped partnerships in the United States, primarily firms' ability to engage in horizontal choice among jurisdictions and vertical choice among business forms. Section 6.4 discusses the evolution in partnership terms wrought by these competitive forces. Section 6.5 presents some implications of the analysis, particularly for present and future European law, while Section 6.6 presents concluding remarks.
Federalism, Regulatory Competition, and The Limited Liability Movement: The Coyote Howled and the Herd Stampeded
Authors: CALLISON J. WILLIAM
Published: January 2010

This chapter describes the different tax treatments of US tax corporations and US tax partnerships, as well as the Internal Revenue Service's (IRS) and the court's original position that unincorporated businesses cannot possess a majority of corporate business characteristics and be taxed as partnerships. It then considers the genesis of the limited liability company (LLC) form and the process by which the IRS abandoned its historic approach and divorced income tax classification from business characteristics. The chapter concludes by addressing normative and theoretical questions that went unanswered during the ensuring period of rapid statutory change, and by posing questions concerning the interplay of independent federal and state regimes in business organization law.
The Sources of Charles-Brun’s Federalism: Maurras or Proudhon?
Authors: WRIGHT JULIAN
Published: January 2010

The federalist idea in French political thought had, by the Belle Époque, begun to experience a dichotomy similar to that in the Félibrige. Promoted by the far left as the central theme of the Paris Commune in 1871, the federalism of Pierre-Joseph Proudhon was transformed by Charles Maurras and Maurice Barres in the 1890s. Ironically, the relationship between the right and regionalism, so often misunderstood, developed because of the interest of Maurras and Barres in ideas that had emerged from left-wing democratic thought in France. Jean Charles-Brun sought in his own history of federalism to demonstrate that both Maurras and Proudhon were valid as references for Belle Époque federalists, and showed the centrality of republican federalism to his own regionalism. He explained that his idea of regionalism was merely a staging-post to his long-term goal, a federalist constitution. This federalism in turn pointed to internationalism, as his activity on behalf of the League of Nations in 1920s showed.
Jeunesse or Sagesse? Charles-Brun and the Rejuvenation of the City
Authors: WRIGHT JULIAN
Published: January 2010

This chapter shows that regionalism, as Jean Charles-Brun expounded it, had a coherent praxis or theory of action. This praxis was the most distinctive and original aspect of regionalism. In fact, it stemmed from the regionalists' belief that their methods should reflect their ideal. Thus, slow, considered reforms were preferred to revolutionary upheaval. The longed-for decentralisation would incarnate a polity where the variety of local existence was properly reflected in the structure of the state; to bring this about by imposing an abstract plan on the nation would be to deny the fundamental principle of regionalism. Hence, the collection and dissemination of empirical data was a more important activity for the regionalists than the invention of an abstract vision of regional France. This explains the doctrinal vagueness in Charles-Brun's writing. The tension between sagesse and jeunesse in Charles-Brun's character in general, but particularly in his regionalism, can be explained by seeing him as a typically ‘post-rationalist’ thinker. The regionalist philosophy based on broad positivist principles was carried over into Charles-Brun's teaching method.
The Praxis of Regionalism: Context and Application
Authors: WRIGHT JULIAN
Published: January 2010

Regionalism in France emerged from ‘post-rationalism’, the dominant political discourse of the Belle Époque. Realistic rather than dogmatic or abstract ways of examining political problems were prescribed within this context. Because of this, the regionalists were concerned with defining a new praxis of change. If much of the impetus for this derived, where Jean Charles-Brun was concerned, from his family background and professional career the intellectual climate of the Belle Époque gave his praxis a solid grounding in the philosophy of an older thinker from Montpellier, Auguste Comte. Charles-Brun himself was regularly described as a positivist. From the outset, he and his colleagues developed a theory of action whose justification they sought in the methodology of positivism. Other writers of the 19th century who had sought to overturn the hegemony of a priori reasoning in French political philosophy were also important in the development of this praxis. This chapter looks at the roots of regionalist praxis and examines the public declarations of the regionalists on the subject.
Introduction
Authors: SHANY YUVAL
Published: January 2010

This introductory chapter begins with a discussion of the proliferation of international courts and tribunals. It presents the purpose of the book, which is to investigate the overlaps between compulsory jurisdictions of international courts and tribunals. The scope of the research is then explained.
Love in Parentheses: Digression and Narrative Hierarchy in Ovid’s Erotodidactic Poems
Authors: Sharrock Alison
Published: January 2010

This chapter rethinks the relationship between ‘digression’ and ‘main text’ in didactic poetry. By looking at both the narrative ‘digressions’ and the ‘action’ of central characters implicit in the instructional parts of the text, it is argued that both parts can be seen to work together, rather than in opposition, in the creation of an ‘implied narrative’. It might even be argued that it is the instructional parts which are obstructive, in that they slow down the instructional momentum of the ‘digressional’ stories.
The Art of Making Oneself Hated: Rethinking (Anti-)Augustanism in Ovid’s Ars Amatoria
Authors: Casali Sergio
Published: January 2010

This chapter focuses on the most overtly ‘Augustan’ part of the Ars – the Parthian expedition of Gaius Caesar (1.171-228) – and invites us to read the event as an episode that exposes tensions in the dynastic family, and draws attention to the spectacle and theatricality of the Emperor's Parthian campaign.
Aspect and the Syntax of Argument Structure
Authors: HALE KEN , KEYSER SAMUEL JAY
Published: January 2010

This chapter uses argument structure to refer to the syntactic configuration projected by a lexical item: a verb, a preposition, or other nuclear element. In terms of this framework three linguistic subsystems are examined: conflation; merge and obviation; and active and stative. It is argued that contrary to earlier positions taken by the authors, conflation is not a movement operation after all but is to be identified with the familiar operation of selection, whereby a governing head selects for the target X° in its complement. The status of root as opposed to category is examined in an attempt to show that there is an independent status for argument structure unaffected by obviative and proximate distinctions. Finally, a similar conclusion is presented with respect to argument structure, and active and stative.
Complex Aspectual Structure in Hindi/Urdu
Authors: BUTT MIRIAM , RAMCHAND GILLIAN
Published: January 2010

This chapter examines two types of complex verbal predication in Hindi/Urdu, and argues that the language internal diagnostics support a constructionalist view of lexical meaning. It first shows empirically that these constructions must be distinguished both from genuine biclausal structures on the one hand, and auxiliary-verb monoclausal structures on the other. It then shows that the semantic contribution and linear order of the components of the complex predicate can be understood under an event structure decomposition, represented syntactically in the ‘first phase’. Specifically, one species of light verb will be argued to be an instantiation of a ν ‘initiational’ head, while another species of light verb instantiates a ‘process’-event head with the main verb providing a ‘result’ predicational head. If the authors' analysis is correct, complex constructions in Hindi/Urdu are a test case that offers striking semantic evidence for an event structure decomposition of the form ‘initiation → < process, result >’, and of its syntactic reality.
Unspecified Arguments in Episodic and Habitual Sentences
Authors: MITTWOCH ANITA
Published: January 2010

The omissibility of unspecified objects is for many verbs subject to contextual factors. A relatively small number of verbs allow object drop freely in episodic sentences. Many more allow it in habitual sentences. This chapter argues that this is, in large part, connected to the fact that such sentences tend to have unquantized objects, and that the objects, if present, would be backgrounded.
Resultatives Under the ‘Event-Argument Homomorphism’ Model of Telicity
Authors: WECHSLER STEPHEN
Published: January 2010

This chapter presents a novel semantic analysis of the English resultative construction that crucially models telicity (aspectual boundedness) in terms of the event-argument homomorphism model (Krifka 1998) rather than the commonly assumed result state model (Dowty 1979). This assumption, together with recent insights on the semantics of scalar adjectives (Hay et al. 1999; Kennedy 1999; Kennedy and McNally 1999), leads us to an explanation for a myriad of facts. Corpus data from Boas (2000) strongly support our conclusions. The central idea of this analysis is that resultatives involve an abstract ‘path’ argument corresponding to degrees along the scale denoted by the resultative predicate.
Change-of-State Verbs: Implications for Theories of Argument Projection
Authors: HOVAV MALKA RAPPAPORT , LEVIN BETH
Published: January 2010

Verbs showing multiple argument projection options, often with concomitant shifts in aspectual classification or assignment of the ‘aspectual’ roles measure or incremental theme, are ubiquitous. Their pervasiveness has given rise to two hypotheses concerning argument realization: argument expression is not lexically determined and only aspectual notions determine argument expression. This chapter argues against both hypotheses through an examination of change of state verbs. It shows that the argument expression possibilities of these verbs are determined by a nonaspectual, lexicalized property – change of state – and cannot be handled by purely aspectual nonlexical theories of argument projection. Therefore, the meaning that is lexicalized in a verb determines its grammatical and interpretive properties to a large degree, contrary to the hypothesis that argument expression is not lexically determined. Furthermore, these lexical properties do not correspond to well-known aspectual notions, contrary to the hypothesis that only aspectual notions are relevant to argument expression.
1 International Trade and Constitutionalization
Authors: CASS DEBORAH Z.
Published: January 2010

This chapter begins by setting out a brief history of the contemporary development of institutional reforms and democratic ideas associated with constitutionalism within the world trading system. It then discusses the problem of constitutionalization. An overview of the subsequent chapters is presented.
3 The International Economic Law Background
Authors: CASS DEBORAH Z.
Published: January 2010

This chapter discusses how WTO constitutionalization models emerged from international economic law, and argues that the field is characterized by a number of tendencies which fuelled speculation about WTO constitutionalization. These tendencies include an increasing conflation of institutions with constitutions; integration of world markets through globalization; a consensus on the benefits of liberalization; an expansion of law to take in new forms of regulation; and an anxiety about how to define and limit the field of economic law and its role in transforming international order.
6 Judicial Norm-Generation
Authors: CASS DEBORAH Z.
Published: January 2010

This chapter discusses constitutionalization by judicial non-generation. The model claims that the WTO is constitutionalizing by virtue of the judicial work of the Appellate Body, which is actively constructing norms and structures of a constitutional type.
8 Conclusion: Trading Democracy
Authors: CASS DEBORAH Z.
Published: January 2010

This chapter begins with a review of discussions in the preceding chapters. It then argues that despite the enthusiasm of some for the WTO constitutionalization process, deep doubts remain about the viability of the project from both a descriptive and normative point of view.
Enrichment
Authors: Virgo Graham
Published: January 2010

The identification of an enrichment goes to the very heart of a restitutionary action which is founded on reversal of the defendant's unjust enrichment, for until an enrichment has been identified and valued it is not possible to ascertain exactly what should be returned to the claimant. In a typical claim where the defendant has received money from the claimant, the defendant is always regarded as enriched by the money since it is the measure of value. However, in those restitutionary actions where the claimant seeks to recover the value of non-money benefits, such as goods or services, the identification of an enrichment and its valuation is a matter of some complexity. This chapter discusses the relevance of enrichment, objective and subjective tests of enrichment, particular types of enrichment (money, property, and services), methods of overriding subjective devaluation, incontrovertible benefit, subjective revaluation, restitution without enrichment, part-performance of a contract, and valuation of enrichment.
At the Expense of the Claimant
Authors: Virgo Graham
Published: January 2010

Where the claimant wishes to obtain restitution from the defendant on the ground of unjust enrichment, it is not enough to show that the defendant has been enriched in circumstances which fall within one of the grounds of restitution. The claimant must also establish that this enrichment was obtained at the claimant's expense. This requires the claimant to establish a connection between the receipt of an enrichment by the defendant and the claimant's loss so as to justify the restitutionary claim against the defendant. One important question is whether the claimant's gain must correspond with the defendant's loss. This chapter discusses the privity principle and exceptions to this principle, including restitutionary claims to vindicate the claimant's proprietary rights, restitutionary claims founded on wrongdoing, agency, and the principle of interceptive subtraction. The issue of whether non-money benefits received by the defendant were received at the claimant's expense is also considered.
Compulsion
Authors: Virgo Graham
Published: January 2010

Although compulsion is not a ground of restitution in its own right, it is a general principle which underlies a number of specific grounds of restitution, most notably duress. The essence of the principle of compulsion is that it arises where pressure has been placed on the claimant to transfer a benefit to the defendant. Compulsion operates in a similar way to mistake as an explanation of why the receipt of an enrichment by the defendant can be regarded as unjust, namely, that the effect of the pressure is treated as vitiating the claimant's intention that the defendant should receive the enrichment. This chapter discusses the principle of compulsion, the different types of enrichment, vitiation of contracts for compulsion, the grounds of restitution, illegality, duress, undue pressure, legal compulsion, and threats to secure the performance of a statutory duty.
Incapacity
Authors: Virgo Graham
Published: January 2010

Where the claimant lacks capacity to enter into a transaction this in itself should constitute a ground of restitution to enable him or her to recover any benefits transferred to the defendant pursuant to the transaction. Two reasons can be identified to justify the recognition of incapacity as a ground of restitution in its own right: absence or vitiation of intent and defendant's incapacity as a defence. This chapter discusses the general principles of incapacity, categories of incapacity (mental disorder, intoxication, somnambulism, minority, corporate incapacity, and incapacity of public authorities).
General Principles
Authors: Virgo Graham
Published: January 2010

This chapter examines restitutionary claims that are founded on the commission of a wrong by the defendant. Four types of wrongdoing may trigger the award of restitutionary remedies: tort, breach of contract, equitable wrongdoing, and the commission of a criminal offence. The issue of whether, once the claimant has shown that the defendant has committed a wrong, the claimant can obtain a restitutionary remedy from the defendant is discussed. The chapter considers the essence of restitution for wrongs, including the relationship between restitution for wrongs and the reversal of the defendant's unjust enrichment; the principles underlying the award of restitutionary remedies for wrongs; types of restitutionary remedy for wrongdoing; relationship between restitutionary and compensatory remedies for wrongdoing; causation; available defences for restitution for wrongs; and recommendations for reform.
Restitution for Torts
Authors: Virgo Graham
Published: January 2010

Where the claimant is the victim of a tort, exemplary damages may be awarded to punish the defendant for cynically committing a tort. Other remedies are available which are purely restitutionary in effect, notably restitutionary damages and money had and received. The most important question relating to the award of restitutionary remedies for torts is whether they are available regardless of the tort which is committed or whether they are only available in respect of certain torts. If the latter is the case, it is then necessary to identify the criteria which are used to identify those torts for which restitutionary relief is available. This chapter focuses on the so-called doctrine of ‘waiver of tort’ which has been particularly influential in the development of the law in this area. Torts for which restitutionary remedies are available include trespass to land, trespass to goods, conversion, interference with intellectual property rights, nuisance, deceit, and invasion of privacy.
Establishing Proprietary Restitutionary Claims
Authors: Virgo Graham
Published: January 2010

Two different principles on which restitutionary claims can be founded are unjust enrichment and wrongdoing. This chapter examines the third and final principle on which such claims may be based, namely, the vindication of the claimant's property rights. All restitutionary claims which are founded on the vindication of the claimant's proprietary rights are properly classified as proprietary claims, since they are dependent solely upon the identification and protection of proprietary rights. But the restitutionary remedies by virtue of which these property rights are vindicated are not necessarily proprietary remedies, since, depending on the particular circumstances of the case, the appropriate remedy may either be proprietary or personal. The chapter discusses the nature of proprietary restitutionary claims, distinction between vindication of property rights and reversal of unjust enrichment, relationship between proprietary restitutionary claims and restitution for wrongs, nature of the restitutionary remedy, framework for analysing a typical proprietary restitutionary claim, identification of the proprietary interest, and the following and tracing rules.
Restitutionary Claims and Remedies to Vindicate Property Rights
Authors: Virgo Graham
Published: January 2010

Once a claimant has established that he or she has a legal or equitable proprietary interest which can be followed or traced into property which is in the defendant's possession or under the defendant's control, the claimant can establish a restitutionary claim to vindicate his or her property rights. This chapter examines the nature of the claim to this property and the appropriate remedy to vindicate this proprietary right. These remedies can take two forms. The first are proprietary remedies where the claimant is able to recover the property itself or at the very least acquire a security interest in the property in the defendant's hands. The second are personal remedies where the defendant is able to recover only the value of the property received by the defendant. The chapter discusses common law proprietary claims and remedies, personal claims and remedies at common law, personal claims and remedies in equity, and the future of personal claims and remedies.
The Defence of Bona Fide Purchase
Authors: Virgo Graham
Published: January 2010

This chapter examines the defence of bona fide purchase. This defence is not generally available to all restitutionary claims, but rather is available to defeat those claims which are based on the claimant's legal or equitable property rights, in other words proprietary restitutionary claims. The defence is not available where the claim is founded on the reversal of the defendant's unjust enrichment, or where the claim is founded on the commission of a wrong, except where the wrong involves the claimant proving that the defendant had interfered with property in which the claimant has a proprietary interest. The chapter discusses the function of the defence, ambit of the defence (common law, equity, and rescission), conditions for establishing the defence (good faith and purchase for value), and operation of the defence.
Fundamental Principles and General Bars
Authors: Virgo Graham
Published: January 2010

This chapter examines general defences and bars, which are of general application to all, or almost all, restitutionary claims. Whereas a bar relates to the establishment of the cause of action, a defence only arises once the claimant has established the cause of action. Thus, the claimant bears the burden of proving that one of the bars to restitutionary claims is not applicable and, if the claimant is unable to show this, his or her claim will fail. If, however, the claimant can establish the claim, the burden then shifts to the defendant to plead and prove that one of the general defences is applicable. The chapter discusses the function and ambit of general defences and bars, principles underlying the general defences and bars, and general bars to restitutionary claims (exclusion of the right to restitution by contract, voluntary transfers, res judicata or issue estoppel, counter-restitution, and natural obligations).
Limitation Periods and Laches
Authors: Virgo Graham
Published: January 2010

For reasons of public policy, most civil actions are subject to a time bar whose effect is that, once a particular period of time has passed, the defendant can no longer be sued on that particular action. There are two distinct legal regimes relating to the barring of restitutionary actions by the passage of time. The first and most important regime is contained in the Limitation Act 1980, which specifies particular limitation periods for different types of actions. The second regime is the equitable defence of laches, which determines whether an equitable action is time barred by reference to the justice of the case having regard to all the surrounding circumstances. This chapter discusses reversal of the defendant's unjust enrichment, qualification of the general limitation period for particular restitutionary claims, restitutionary claims founded on the commission of tort or breach of contract, restitutionary claims founded on equitable wrongs, vindication of proprietary rights, and function of the laches defence.
Content and Construction
Authors: FREEDLAND FBA MARK R.
Published: January 2010

This chapter seeks to complete the analysis of the identity, nature, and main attributes of personal work or employment contracts by considering how, in the law of personal work or employment contracts, the content of those contracts is conceived and constructed. The first section explains the idea of guiding principles in relation to the express and implied terms of personal work or employment contracts. The succeeding sections articulate each of the guiding principles in more detail.
Microscopic Physics of Quantum Liquids
Authors: GRIGORY E. VOLOVIK
Published: January 2010

There are two ways to study quantum liquids. One is the fully microscopic treatment, which can be realised either by numerical simulations of the many-body problem, or for some special ranges of the material parameters, analytically. The other is a phenomenological approach in terms of effective theories. The hierarchy of the effective theories corresponds to the low-frequency, long-wavelength dynamics of quantum liquids in different ranges of frequency. This chapter discusses the microscopic (atomic) physics of quantum liquids which is the analog of the Theory of Everything — the Planck scale physics, difference between microscopic particles and emerging quasiparticles, the interplay of microscopic and effective symmetries, the origin of fundamental constants and hierarchy of Planck energy scales in the ‘Theory of Everything’, vacuum pressure and vacuum energy and scenario of vanishing of cosmological constant. These are considered using the model of weakly interacting Bose gas, the model of quantum liquid, and the real liquid 4He.
Momentum Space Topology Protected By Symmetry
Authors: GRIGORY E. VOLOVIK
Published: January 2010

In some fermionic systems the total topological charge of the Fermi point vanishes. However, the discrete symmetry may produce the nonzero p-space topological invariant, which protects the nodal point in the spectrum. Examples are provided by the planar phase of triplet superfluid/superconductor and the Standard Model of particle physics. This chapter discusses the momentum space topology protected by symmetry and Dirac mass emerging due to violation of symmetry. Theory is applied to the Standard Model and its extension, the Pati–Salam unification of quarks and leptons, which is represented in terms of spinons and holons. The generating function for the p-space topological invariants constrained by symmetry is introduced. Because of the discrete symmetry of the Standard Model all quark and leptons are massless in the symmetric phase of the Standard Model, while the violation of this symmetry gives mass to all fermions. The chapter also discusses re-entrant violation of special relativity at low energy, and p-space topology of exotic fermions with semi-Dirac spectrum.
Fermion Zero Modes on Vortices
Authors: GRIGORY E. VOLOVIK
Published: January 2010

This chapter considers fermion zero modes on vortex lines and cosmic strings. The quantum numbers, which characterize the energy spectrum of these fermionic excitations, are the linear (pz) and angular (Q) momenta along the string. There are two types of fermion zero modes: true and approximate. The approximate fermion zero modes have spectrum which crosses zero as function of Q. Due to discrete nature of angular momentum these modes have a small gap called minigap. This occurs in the core of vortices in conventional s-wave superconductors. The number of the anomalous branches is determined by the winding number of a vortex. This analog of index theorem is obtained using topology in combined (p,r) space. The true fermion zero modes have spectrum which crosses zero as function of pz. These modes take place inside vortices in triplet superconductors and 3He-B. The singly quantized vortex in 3He-A contains branch with exactly zero energy for all pz, while half-quantum vortex contains Majorana fermions. Both true and approximate zero modes are obtained using the semi-classical approach which is valid because the core size is much larger than the inverse wavelength of fermions. Analysis is extended to fermions on asymmetric vortices.
Conclusion
Authors: GRIGORY E. VOLOVIK
Published: January 2010

According to the modern view, elementary particles (electrons, neutrinos, quarks, etc.) are excitations of some more fundamental medium called the quantum vacuum. This is the new aether of the 21st century. The electromagnetic and gravitational fields, as well as the fields transferring the weak and the strong interactions, all represent different types of collective motion of the quantum vacuum. Among the existing condensed matter systems, the particular quantum liquid, superfluid 3He-A most closely resembles the quantum vacuum of the Standard Model. The most important property of 3He-A is that its quasiparticles are very similar to the chiral elementary particles of the Standard Model (electrons and neutrinos), while its collective modes are very similar to gravitational, electromagnetic and SU (2) gauge fields, and the quanta of these collective modes are analogs of gravitons, photons, and weak bosons. The reason for this similarity between the two systems is a common momentum space topology.
Population differentiation as a test for selective sweeps
Authors: Chen Hua , Patterson Nick , Reich David
Published: January 2010

Selective sweeps can increase genetic differentiation among populations and cause allele frequency spectra to depart from the expectation under neutrality. We present a likelihood method for detecting selective sweeps that involves jointly modeling the multilocus allele frequency differentiation between two populations. We use Brownian motion to model genetic drift under neutrality, and a deterministic model to approximate the effect of a selective sweep on single nucleotide polymorphisms (SNPs) in the vicinity. We test the method with extensive simulated data, and demonstrate that in some scenarios the method provides higher power than previously reported approaches to detect selective sweeps, and can provide surprisingly good localization of the position of a selected allele. A strength of our technique is that it uses allele frequency differentiation between populations, which is much more robust to ascertainment bias in SNP discovery than methods based on the allele frequency spectrum. We apply this method to compare continentally diverse populations, as well as Northern and Southern Europeans. Our analysis identifies a list of loci as candidate targets of selection, including well-known selected loci and new regions that have not been highlighted by previous scans for selection.
Loss-of-Function Mutations of Retromer Large Subunit Genes Suppress the Phenotype of anArabidopsis zigMutant That Lacks Qb-SNARE VTI11
Authors: Hashiguchi Yasuko , Niihama Mitsuru , Takahashi Tetsuya , Saito Chieko , Nakano Akihiko , Tasaka Masao , Morita Miyo Terao
Published: January 2010

Arabidopsis thaliana  zigzag (zig) is a loss-of-function mutant of Qb-SNARE VTI11, which is involved in membrane trafficking between the trans-Golgi network and the vacuole. zig-1 exhibits abnormalities in shoot gravitropism and morphology. Here, we report that loss-of-function mutants of the retromer large subunit partially suppress the zig-1 phenotype. Moreover, we demonstrate that three paralogous VPS35 genes of Arabidopsis have partially overlapping but distinct genetic functions with respect to zig-1 suppression. Tissue-specific complementation experiments using an endodermis-specific SCR promoter show that expression of VPS35B or VPS35C cannot complement the function of VPS35A. The data suggest the existence of functionally specialized paralogous VPS35 genes that nevertheless share common functions.
Cytochrome P450 Family Member CYP704B2 Catalyzes the ω -Hydroxylation of Fatty Acids and Is Required for Anther Cutin Biosynthesis and Pollen Exine Formation in Rice
Authors: Li Hui , Pinot Franck , Sauveplane Vincent , Werck-Reichhart Danièle , Diehl Patrik , Schreiber Lukas , Franke Rochus , Zhang Ping , Chen Liang , Gao Yawei , Liang Wanqi , Zhang Dabing
Published: January 2010

The anther cuticle and microspore exine act as protective barriers for the male gametophyte and pollen grain, but relatively little is known about the mechanisms underlying the biosynthesis of the monomers of which they are composed. We report here the isolation and characterization of a rice (Oryza sativa) male sterile mutant, cyp704B2, which exhibits a swollen sporophytic tapetal layer, aborted pollen grains without detectable exine, and undeveloped anther cuticle. In addition, chemical composition analysis indicated that cutin monomers were hardly detectable in the cyp704B2 anthers. These defects are caused by a mutation in a cytochrome P450 family gene, CYP704B2. The CYP704B2 transcript is specifically detected in the tapetum and the microspore from stage 8 of anther development to stage 10. Heterologous expression of CYP704B2 in yeast demonstrated that CYP704B2 catalyzes the production of ω -hydroxylated fatty acids with 16 and 18 carbon chains. Our results provide insights into the biosynthesis of the two biopolymers sporopollenin and cutin. Specifically, our study indicates that the ω -hydroxylation pathway of fatty acids relying on this ancient CYP704B family, conserved from moss to angiosperms, is essential for the formation of both cuticle and exine during plant male reproductive and spore development.
Global Epigenetic and Transcriptional Trends among Two Rice Subspecies and Their Reciprocal Hybrids
Authors: He Guangming , Zhu Xiaopeng , Elling Axel A. , Chen Liangbi , Wang Xiangfeng , Guo Lan , Liang Manzhong , He Hang , Zhang Huiyong , Chen Fangfang , Qi Yijun , Chen Runsheng , Deng Xing-Wang
Published: January 2010

The behavior of transcriptomes and epigenomes in hybrids of heterotic parents is of fundamental interest. Here, we report highly integrated maps of the epigenome, mRNA, and small RNA transcriptomes of two rice (Oryza sativa) subspecies and their reciprocal hybrids. We found that gene activity was correlated with DNA methylation and both active and repressive histone modifications in transcribed regions. Differential epigenetic modifications correlated with changes in transcript levels among hybrids and parental lines. Distinct patterns in gene expression and epigenetic modifications in reciprocal hybrids were observed. Through analyses of single nucleotide polymorphisms from our sequence data, we observed a high correlation of allelic bias of epigenetic modifications or gene expression in reciprocal hybrids with their differences in the parental lines. The abundance of distinct small RNA size classes differed between the parents, and more small RNAs were downregulated than upregulated in the reciprocal hybrids. Together, our data reveal a comprehensive overview of transcriptional and epigenetic trends in heterotic rice crosses and provide a useful resource for the rice community.