bluuebunny/crossref_metadata_2025 huggingface dataset:
Aristotle’s Measurement Dilemma
Authors: Sattler Barbara M.
Published: September 2017

This paper has two main goals: first, it reconstructs Aristotle’s account of measurement in the Metaphysics and shows how it connects to modern notions of measurement. Second, it demonstrates that Aristotle’s notion of measurement works only for simple measures, and leads him into a dilemma once it comes to measuring complex phenomena, such as motion, where two or more different aspects, such as time and space, have to be taken into account. This is shown with the help of Aristotle’s reaction to one of the problems that Zeno’s dichotomy paradox raises: Aristotle implicitly employs a complex measure of motion when solving this problem, while he explicitly characterizes the measure of motion as a simple measure in the Physics.
International Law and Religion
Authors: Koskenniemi Martti
Published: September 2017

This chapter introduces the themes and the chapters of the book. It points out that there has been no clear tradition of research on the relations of ‘international law’ and ‘religion’. Hence, for the production of this work, there was no stable ground. The editors have tried to avoid pronouncing on the value of ‘more’ or ‘less’ intense engagement between international law and religion; instead the point has been to focus the various, often hidden forms of their alliance. Any study of ‘religion’ and ‘international law’ must confront the fact that both terms are complex wholes of ideas and practices whose scope and meaning is contested by people most intimately connected to them. Even to ask the question of the ‘relationship of international law and religion’ is scarcely more than to gesture towards further inquiries and research agendas about how each entity should be best approached.
Law, Justice, and Charity in a Divided Christendom: 1500–1625
Authors: Mortimer Sarah
Published: September 2017

During the Reformation, new interpretations of Christianity were developed—with important consequences for international relations. Taking the thought of Thomas Aquinas as their starting point, Catholic scholars like Francisco de Vitoria argued for a natural law for all but they insisted that human beings were also obliged by Christian duties and commitments. These duties could only be fulfilled within the Catholic Church. Protestants rejected these claims and argued instead for one single set of ethical obligations, which were the duties of natural law. For them, natural law included both secular and religious principles, and it applied across national and political boundaries. The radical effects of this concept can be seen in the anonymously written Vindiciae, Contra Tyrannos. This chapter considers arguments on both sides of the confessional divide before discussing the Dutch scholar Hugo Grotius and his attempt to provide a new synthesis.
Between Scylla and Charybdis
Authors: Valenzuela Pia
Published: September 2017

In the process of secularization of legal institutions, the thirteenth century—with all its political conflicts between emperors and popes—is relevant to understand the evolution of those institutions in modernity. Contextualized in that period, this chapter shows the importance of Aquinas’s line of thought about the common good, law, and right in this process. In general, the context of Aquinas’s era and his personal circumstances were characterized by tensions between two perilous alternatives, the imperial and the papal power. Because of this, Aquinas was cautious to express his opinion in specific political issues of the time. This chapter argues that, in spite of Aquinas’s caution in putting forward his political ideas, the essence of his political thought and his opposition to the theocratic theory of government could be inferred also from his notions of natural law and ius gentium, in which he addressed the basic issues of property rights and slavery.
John Selden and the Jewish Religious Fountainhead of the International Law of the Sea
Authors: Haivry Ofir
Published: September 2017

Modern international maritime law (IML) was born primarily out of two works, written about 400 years ago: Mare Liberum (1609) by Hugo Grotius, which argued for a complete freedom of the seas; and Mare Clausum (1635), by John Selden (1584–1654) arguing for the principle and practice of dominion and ownership over tracts of sea. Until relatively recently IML tended far more towards Grotius, since technological limitations limited application of Selden’s view mainly to the concept of the ‘territorial waters’. However, in the last three decades, as technological advances enable the establishment of far wider areas of maritime control and ever more ambitious finds of resources lying under the sea-bed, there has been a dramatic rise in the import of John Selden’s ideas for IML.
The Past is Never Dead
Authors: Annicchino Pasquale
Published: September 2017

Human rights are the product of a specific history and of a specific context. Over the course of their developments religious groups have had different attitudes towards them. For instance several Christian Protestant denominations have strongly criticized and opposed the developments of human rights giving birth to a distinct strand of Christian anti-internationalism. This chapter, after dealing with the anthropological understanding of human rights in the contemporary era, will challenge this notion with the understanding of Christian anti-internationalism, beginning with historically situating the anthropological understanding of human rights in the controversy surrounding the establishment of the League of Nations. Based on two case studies it will also show how those debates are relevant today within the context of the development of human rights worldwide. At the core of the controversy stands the competition between legal pluralism and international constitutionalism.
From Imperial to Dissident
Authors: Samour Nahed
Published: September 2017

This chapter argues that contexts and interpretations of Islamic International Law have shifted from imperial to dissident, and that the imperial-dissident divide is a necessary frame for assessing Islamic international law as a legal system today. Core legal concepts of territorial acquisition through conquest were elaborated at a time that laid the foundations for Islamic Empires. Importantly, the laws of territorial conquest were linked to the laws of property, taxation and trusts, which were key in keeping conquered territory divided or united. Conceptional interpretations shifted from the imperial to the dissident when territory was not to be acquired but later on defended against conflicting legal orders permitting foreign domination. This historic, paradigmatic shift from a law with a formerly imperial character to law as dissent might explain some of the existing dissonances within Islamic International law as well as between Islamic international law and prevailing understandings of international law.
The Faith in Humanity and International Criminal Law
Authors: Tallgren Immi
Published: September 2017

International criminal law is at times taken to manifest fundamental consensual boundaries against violence and destruction of the human species. The faith in law is celebrated in a cult with rituals, symbols, and mythologies where law is saving humans from evil. This chapter takes issue with the transcendental reference in ‘humanity’ by situating it within discussions on religion, the non-deist religions in particular. Three French thinkers: Henri Saint-Simon, Auguste Comte, and Emile Durkheim are stimulating intellectual figures—often neglected or caricatured. They developed new visions for society as religions–creating dogmas, symbolism, and ritual practices. Yet they declared the transcendental divinities dead. The human individual and ‘humanity’ were further elevated yet declared ‘positive’, victorious over superstition. Their religions aimed to capture the best of two worlds: secular and religious, rational and affective. But what difference does it make to see ideas, beliefs, faith, or commitment as religious or as something else, such as politics or ideology?
International Law-making and Metaphysical Foundations of Universality
Authors: Paris Elena
Published: September 2017

This chapter investigates the oppressive operation of the universal in international law and suggests that we might look for the origin of a foundational type of thinking, noticeable both in naturalism and in positivism, in the way metaphysics was conceived in the West. It proposes that Christos Yannaras’ specific interpretation of Christian theology could be a source of inspiration for an alternative way of conceiving metaphysics, which is able to offer a non-foundational, fluid understanding of grounds. It results in a theological argument that supports the plea to take seriously consent as the basis for international law-making without dropping the aspiration towards universality, an important issue to be addressed by the contemporary constitutionalizing global order.
Messianic Visions of the United States
Authors: Amorosa Paolo
Published: September 2017

After winning with unexpected ease the Spanish–American War of 1898, justified at home as a case of humanitarian intervention, the United States started understanding itself as a world power. This led to a renewed attention to international law, in order to reconcile the new leading role of the country with its democratic tradition. Even the formal colonialism in the Philippines and the tutelage of the newly independent Cuba were recast by the founders of the American Society of International Law as an expression of egalitarian values, American and universal at the same time. This ambiguous nationalist/cosmopolitan identity was based on a narrative of progress: the peak of civilization reached by the United States would expand world-wide through example and benevolent assimilation. This chapter argues that it was a narrative of primarily religious origin that justified the war in the eyes of the American people and underpinned future foreign policy.
John Higgins’s First Part of the Mirror for Magistrates (1574–5)
Authors: Archer Harriet
Published: September 2017

Chapter 2 introduces John Higgins’s first contribution to the corpus, and considers the ways in which his Mirror prequel works with Baldwin’s interest in textual transmission to retell the story of Britain’s legendary foundation. Contrasting the learned humanism of Higgins’s paratextual statements of intent with the dream vision in which his history is embedded, the chapter explores the anxieties attendant on Elizabethan historians of the English past, and what was at stake in the absence of a reliable national origin myth. We see Higgins employing a series of distancing techniques which evoke the inaccessibility and contested nature of ancient British history, such as medieval dream vision, while at the same time he draws his subjects closer by emphasizing the affective power and benefits of tragic narrative.
Thomas Blenerhasset’s Second Part of the Mirror for Magistrates (1578)
Authors: Archer Harriet
Published: September 2017

Chapter 3 considers the relationship between Thomas Blenerhasset’s enabling isolation on the island of Guernsey and his treatment of the personification Memory in his Second Part of the Mirror for Magistrates. Blenerhasset represents an anomaly in the story of the Mirror’s expansion, since his supplementary complaint collection was not printed by Thomas Marshe, and not reprinted in Higgins’s 1587 edition as part of the ‘official’ corpus. As such, his necessarily extrinsic contribution draws on the imaginative freedom afforded by his independence from the text’s primary print community to reflect on the roles of memory and invention in the construction of history. Previously portrayed in scholarship as a stern, puritanical moralist, this chapter suggests that in fact Blenerhasset builds actively on Baldwin’s mischievous irreverence towards text and metatext to complicate the Mirror’s reconstruction of the British past.
The Mirour for Magistrates (1587)
Authors: Archer Harriet
Published: September 2017

Chapter 4 returns to John Higgins, who edited a selection of extant Mirror complaints for publication in 1586–7. Beginning with the reprinting of Thomas Norton and Thomas Sackville’s Inns of Court tragedy Gorboduc in 1590 alongside John Lydgate’s Serpent of Division, a publication which similarly pulled together ancient British and Roman narratives of assassination and civil conflict, the chapter interprets Higgins’s revisions and additions to his own First Part of the Mirror and suggests that they point to a change of emphasis. Higgins seems to have updated the work to sharpen its political focus at a moment of heightened national and international tension. The chapter then turns to his engagement with the use of moral exempla in the collection of Roman tragedies with which he enlarged the edition, and argues for a growing sense of disillusionment in their efficacy.
Introduction
Authors: Publicover Laurence
Published: September 2017

The Introduction lays out the argument of the book, in part through discussion of critical responses to the geography of Shakespeare’s The Tempest. Situating the book’s critical approach within the several scholarly fields it engages, including theatre history, theories of genre, Mediterranean studies, and theories of intertextuality, it then outlines the contribution Dramatic Geography makes to existing discussions of early modern Mediterranean plays. The Introduction goes on to offer an overview and analysis of how early modern drama stages space and location, working through episodes from plays including Henry V, Hamlet, and Antony and Cleopatra. Finally, it differentiates early modern ways of staging space from those employed in the Restoration theatres, stressing the greater flexibility and complexity of early modern methods, and makes a case for the importance of understanding dramatic geography if we are better to comprehend the ways in which drama creates meaning.
Staging Romance
Authors: Publicover Laurence
Published: September 2017

This chapter explores the mostly overlooked history of romance on the early modern stage. Analysing the geographies of two little-known plays, Clyomon and Clamydes (1580s?) and Guy of Warwick (early 1590s?), it argues that, in its imaginative openness and its flexible staging of space, the early modern theatre was the ideal environment in which to stage romance’s extravagant spatial and ethnographical imaginings. Further, the chapter demonstrates how a theatrical tradition of clowning enabled these late-Elizabethan dramas to contest the values of the very romance-worlds they had established. It closes with a fresh reading of Francis Beaumont’s parody of romance, The Knight of the Burning Pestle, arguing that the play satirizes dramatic romance’s spatial grammar as well as its narrative strategies.
Turks and Tournaments
Authors: Publicover Laurence
Published: September 2017

This chapter analyses Thomas Kyd’s little-known play Soliman and Perseda (1588–91), focusing on how Kyd shapes his Mediterranean world through literary and dramatic traditions. Contesting one critic’s reading of Soliman and Perseda as a play that critiques chivalric values and takes a significant interest in Mediterranean geopolitics, it argues instead that Kyd adapts his source, a prose romance, so as to bring it into line with late-Elizabethan dramatic fashions. Kyd’s emphasis on private values over national interests, it argues, partially—though by no means fully—unanchors the play from the Mediterranean world contemporary with its staging. Finally, the chapter explores how clowning in Soliman and Perseda and in some later Mediterranean dramas unsettles both the generic and the spatial decorum of the plays in which it operates.
Satirizing Kyd’s Mediterranean
Authors: Publicover Laurence
Published: September 2017

Noting that Christopher Marlowe shared a room with Thomas Kyd around the time The Jew of Malta was written and first performed, this chapter reads Marlowe’s play as an ironic response to Kyd’s. By interrogating the problematic relationship between the personal values of chivalry and the wider political world, it argues, Marlowe’s play examines an issue left relatively unexplored within Kyd’s play; The Jew of Malta thus responds to the Mediterranean staged by Kyd, working through an intertheatrical geography. Placing The Jew of Malta within a wider context of Elizabethan attitudes of chivalry, and in doing so demonstrating how Marlowe’s play stages the Mediterranean to reflect on English culture, the chapter interprets Marlowe’s Barabas as a parodic version of the individualistic knight-errant encountered in medieval romance.
Re-Enchanting the Mediterranean
Authors: Publicover Laurence
Published: September 2017

Situating its analysis of The Merchant of Venice within recent critical discussions over Shakespeare’s place within a wider early modern dramatic culture, this chapter reads the play as a response to Marlowe’s The Jew of Malta. It focuses on how Marlowe’s great merchant, Barabas, is split by Shakespeare into two characters, Shylock and Antonio, who make money in different ways. By linking commercial ventures to romance notions of adventure, it argues, The Merchant of Venice manages to valorize Antonio’s business model while demonizing Shylock’s. Finally, the chapter asks whether the ‘romancing’ of Mediterranean commerce is something undertaken by the play itself, or by its Venetian characters.
Conclusion
Authors: Publicover Laurence
Published: September 2017

The Conclusion brings together the book’s arguments through a discussion of The Tempest’s geography, focusing in particular on its presentation of the sea. Arguing that dramatic geography is a unique form of literary geography in that it asks playgoers to consider the relationship between the site of performance and the site performed, it posits that early modern theatrical culture allowed for an especially rich dramatic geography for a number of reasons, including the design and mutual proximity of the London theatres and the fact that early modern playgoers were especially skilled at picking up on meanings created through generic strategies and intertheatrical negotiations.
Cumulative Case Arguments in Religious Epistemology
Authors: Audi Robert
Published: September 2017

Philosophers and others characteristically give multiple arguments for their important controversial views. Why is one good argument not enough? Most philosophers would perhaps agree to this much: at their best, arguments are paths to understanding, pillars of conviction, providers of confirmation, and nourishment for the intellect. But how should we unpack these metaphors? This paper attempts to contribute to that task. It shows why a good cumulative case should not be identified with a conjunctive one (culminating in a single argument with all the relevant premises conjoined), and it brings out how propositional and non-propositional grounds differ significantly from one another but can be integrated into a unified case for what they mutually support.
‘Eternity Shut in a Span’: The Times of God Incarnate
Authors: Poidevin Robin Le
Published: September 2017

Consider these central tenets of the Christian creeds: God the Father is the creator of all things; God the Son is of one substance with the Father; the Son became incarnate in Jesus Christ. Is there a tension between these? Perhaps. Consider the following: ‘if the Father is creator of all things including time, then he must be in some sense outside time. And as the Son is of one substance with the Father, then he too must be outside time. But becoming incarnate is to come to be in time, and no timeless being can become temporal.’ We may call this problem ‘the temporal paradox of the incarnation.’ This paper argues that the problem is especially acute on a substantivalist conception of (space-)time, according to which(space-)time is independent of its contents, and it explores an alternative, reductionist picture which offers a resolution of the temporal paradox of the incarnation.
Foundational Grounding and the Argument from Contingency
Authors: Pearce Kenneth L.
Published: September 2017

The argument from contingency for the existence of God is best understood as a request for an explanation of the total sequence of causes and effects in the universe (‘History’ for short). Many puzzles about how there could be such an explanation arise from the assumption that God is being introduced as one more cause prepended to the sequence of causes that (allegedly) needed explaining. In response to this difficulty, this chapter defends three theses. First, it argues that, if the argument from contingency is to succeed, the explanation of History in terms of God must not be a causal explanation; second, that a particular hypothesis about God’s relation to History—that God is what I call the foundational ground of History—is intelligible and explanatory; third and finally, that the explanatory advantages of this hypothesis cannot be had within the confines of naturalism.
There is no Free-Will Defense
Authors: Sterba James P.
Published: September 2017

This paper argues that there is no Free-Will Defense for the degree and amount of moral evil in our world. It denies that God’s creating our world with the degree and amount of moral evil that exists, or has existed, in it could be defended in terms of the freedom that it provides, or has provided, to its members. It takes no stand on whether the problem could be solved by arguing that the securing of some other good, or goods in an afterlife is the justification for the degree and amount of moral evil in our world. This paper simply attempts to demonstrate the need for just such further work by showing that the freedom that exists, or has existed, in our world could not constitute a justification for the moral evil that exists, or has existed, in it.
How to Think of Religious Commitment as a Ground for Moral Commitment: A Thomistic Perspective on the Moral Philosophies of John Cottingham and Raimond Gaita
Authors: Wynn Mark R.
Published: September 2017

John Cottingham has argued that certain traits that are widely considered ideals of character will only count as virtues granted the truth of theism. Writing from an atheistic or perhaps agnostic perspective, Raimond Gaita has proposed that the language of religion provides a useful aid for the moral imagination. This chapter aims to show how Thomas Aquinas’s category of infused moral virtue can be used to extend and integrate the work of these influential authors, so as to produce a further, broadly based account of the relationship of religious and moral commitment. Since Cottingham and Gaita set out their respective positions relatively briefly, it begins by presenting each approach in its strongest form, and then considers how these approaches may be extended by appeal to Thomas Aquinas’s account of the goods that are the object of the infused moral virtues.
‘Origenian Platonisme’ in Interregnum Cambridge: Three Academic Texts by George Rust, 1656 and 1658
Authors: Lewis Marilyn A. , Secci Davide A. , Hengstermann Christian , Lewis John H. , Williams Benjamin
Published: September 2017

This chapter aims to contribute to our knowledge of what is known as ‘Origenian Platonist moment’ by analysing English translations of three Latin academic texts by George Rust, with annotations to the two longer ones, written in 1656 and 1658 while he was a fellow of Christ’s College at the University of Cambridge: Messias in S. Scriptura promissus olim venit (The Messiah promised in the Holy Scripture came a long time ago); Act Verses, a souvenir printed broadsheet containing two poems, Resurrectionem e mortuis Scriptura docet nec refragatur Ratio (Scripture teaches the resurrection from the dead, and reason does not contradict this) and Anima separata non dormit (The soul, separated from the body, does not sleep); and Resurrectionem è Mortuis S. Scriptura tradit, nec refragatur Ratio (The Holy Scripture tells of the Resurrection of the dead, nor does reason oppose it). The two 1658 texts formed part of what was perhaps the most public exposition and celebration of Origenian Platonisme in Interregnum Cambridge.
George Rust, University of Cambridge Commencement Day Divinity Act Verses
Authors: Lewis Marilyn A. , Secci Davide A. , Hengstermann Christian , Lewis John H. , Williams Benjamin
Published: September 2017

This chapter presents an English translation of George Rust’s Latin academic text entitled The Messiah Promised in the Holy Scripture Came a Long Time Ago. Here Rust talks about how he considered demonstrating that ‘Jesus himself was the promised Messiah, since it is an accepted fact among liberal and judicious men that the stubborn incredulity of the Jews and their sworn hatred towards God’s Christ cannot be justified by any means’. Rust explains how he has defended his arguments from the Holy Scriptures from all the objections raised by the Jews. In conclusion, he declares that ‘The Messiah promised in the Holy Scripture came a long time ago’.
The Holy Scripture Tells of the Resurrection from the Dead, nor does Reason Oppose It: The soul Separated does not Sleep
Authors: Lewis Marilyn A. , Secci Davide A. , Hengstermann Christian , Lewis John H. , Williams Benjamin
Published: September 2017

This chapter presents an English translation of George Rust’s Latin academic text entitled The Holy Scripture Tells of the Resurrection from the Dead, nor does Reason Oppose It. The soul Separated does not Sleep. Here Rust expresses his views about the resurrection of the dead. He cites I Corinthians 15:53, ‘For this corruptible must put on incorruption, and this mortal must put on immortality’, and analyses the reasoning by means of which the body is said to be the same throughout the entire span of life. Rust ends the discussion with the statement ‘The Holy Scripture tells of the resurrection from the dead, nor does reason oppose it’.
F. Donald Logan, University Education of the Parochial Clergy in Medieval England: The Lincoln Diocese, c.1300–c.1350 (Toronto: Pontifical Institute of Medieval Studies, 2014), xiv + 197 pp., 6 tables. ISBN: 9780888441881
Authors: Davis Virginia
Published: September 2017

This chapter reviews the book University Education of the Parochial Clergy in Medieval England: The Lincoln Diocese, c.1300–c.1350 (2014), by F. Donald Logan. In 1298, Pope Boniface VIII’s constitution cum ex eo was published. It was considered a landmark in the provisions of higher education for the parish clergy, opening the way for parish rectors who had not yet been ordained as priests to absent themselves from their parishes for up to seven years to attend university. Logan explores how this constitution was implemented across Europe by focusing on the diocese of Lincoln, the largest in England with nearly 2,000 parishes. Logan emphasises the distinction between cum ex eo dispensations and the parallel procedure called licencia studendi, both of which contributed significantly to the enhancement of clerical education in fourteenth-century England.
Bjørn Okholm Skaarup, Anatomy and Anatomists in Early Modern Spain (Farnham/Burlington VT: Ashgate, 2015), xii + 285pp. ISBN: 9781471448162
Authors: Nutton Vivian
Published: September 2017

This chapter reviews the book Anatomy and Anatomists in Early Modern Spain (2015), by Bjørn Okholm Skaarup. The book traces the development of anatomy in Spain and Mexico from 1500 to the end of the seventeenth century. Skaarup cites particular instances where the Spanish experience can contribute substantially to wider debates, including Juan Tomas Porcell’s autopsies of plague victims in a hospital at Zaragoza in 1568 and the detailed plan of 1586 for a ‘house of anatomy’ there. He challenges O’Malley’s exaggerated description, based on Vesalius’s comments on his time in Spain between 1559 and 1561, that doctors and surgeons lack interest in anatomy. Skaarup reveals the difficulties faced by those who wished to introduce dissection as an essential part of the education of a doctor, as well as the objections that might be made.
Víctor Navarro Brotóns, Disciplinas, Saberes y Prácticas. Filosofia natural, matemáticas y astronomía en la sociedad española de la época moderna (Valencia: Universitat de València, 2014), 496 pp. ISBN: 9788437094465
Authors: Miguel Carolino Luís
Published: September 2017

This chapter reviews the book Disciplinas, Saberes y Prácticas. Filosofia Natural, Matemáticas y Astronomía en la Sociedad Española de la Época Moderna (2014), by Víctor Navarro Brotóns. The book offers a fresh and comprehensive view on the practice of science and natural philosophy in early modern Spain. It is organised in three parts: The sixteenth century and early seventeenth century: the scientific Renaissance; The seventeenth century and early eighteenth century: scientific activity during the Scientific Revolution; and The eighteenth century (up to 1767). Underlying this organisation is the fundamental view that science and scientific activities flourished in Spain particularly during the sixteenth century, entered a period of relative ‘decline’ as the seventeenth century progressed, and experienced a revival in the eighteenth century.
Paul Shrimpton, The ‘Making of Men’. The Idea and reality of Newman’s university in Oxford and Dublin (Leominster, Herts: Gracewing Publishing, 2014), 587pp. ISBN: 9780852448243
Authors: Rothblatt Sheldon
Published: September 2017

This chapter reviews the book The ‘Making of Men’. The Idea and reality of Newman’s university in Oxford and Dublin (2014), by Paul Schrimpton. The book focuses on the life of John Henry, Cardinal Newman, and is divided into three parts. The first deals with the early years of Newman’s life and provides background for the intellectual and theological bases of his mature thinking. The second part is an account of Newman’s work, including his everyday work, of building and administering a university in Ireland. In the third and final part of the book, Schrimpton criticises universities and higher education in general by deploring many of the educational developments that have pushed contemporary universities away from a commitment to liberal education as character formation.
On the sources of Huloets Dictionarie (1572)
Authors: Stein Gabriele
Published: September 2017

The chapter discusses the French translations in John Higgins’ revision of Richard Huloet’s bilingual dictionary, the Abecedarium Anglico–Latinum (1552). The revision appeared in 1572 as a trilingual work including English, Latin, and French. Higgins acknowledges his main sources for the revision in his preface. For the French language, these are the dictionaries compiled by Hadrianus Junius and Robertus Stephanus. In the dictionary itself, further sources are indicated in the form of abbreviated names, consisting of up to four letters. The investigations reveal that for the French language the Englishman also turned to the works of Ambrogio Calepino, John Palsgrave, and Mathurin Cordier. The reliability of Higgins’ source attributions is established. It is shown that when Higgins provides several French translation equivalents for an English headword he used his source works side by side.
Early polyglot word lists: Investigating their relationship
Authors: Stein Gabriele
Published: September 2017

The pan-European character of Renaissance dictionaries is well represented by the very successful polyglot word lists. Their origins are the small bilingual works by Adam von Rottweil and Noel de Berlaimont, which were expanded by more and more vernaculars, listing up to eight languages. The handy pocket-size works were arranged according to topics, the headword language was Latin, and the vernacular translation equivalents, usually one-word lexical items, were presented in vertical columns. The number of languages included and their order greatly varied to meet the needs of the countries in which the works were printed. Copies of an undated six-language edition (including English) printed by the Augsburg printer Philipp Ulhart have been preserved. As a date of publication, 1530 has been suggested. The chapter investigates the intricate relationship between the various editions on the basis of a number of criteria to establish a more plausible publication date.
Hadrianus Junius’ Nomenclator reconsidered
Authors: Stein Gabriele
Published: September 2017

The work by the Dutch physician and classical scholar Hadrianus Junius represents another type of Renaissance word study of a pan-European nature. Junius had compiled the Latin vocabulary core of more than fifty subject fields necessary for professional and scholarly discourse and presented this in a topical arrangement for his educated readers. The Latin headwords were followed by correspondences in Greek and translations in five vernaculars (German, Flemish, French, Italian, and Spanish). The great success of this multilingual topical dictionary prompted John Higgins to produce an edition for the English market: the 1585 edition includes Latin, Greek, French, and English. The chapter explores Higgins’ translation style and his sources for terms in areas of special knowledge, and shows that he introduced a substantial number of new coinages into the English language.
John Palsgrave’s description of French word-formation
Authors: Stein Gabriele
Published: September 2017

The comprehensive nature of John Palsgrave’s endeavour to analyse and describe the French language in Lesclarcissement de la langue francoyse (1530) also encompasses the formation of words. Whereas Chapter 6 focused on his pioneering achievement as a grammarian and lexicographer, this chapter describes his most impressive work as a sixteenth-century lexicologist analysing the word-structures of a vernacular. The coining of words is embedded in a word class-based grammatical framework. For each word class, e.g. nouns, adjectives, verbs, adverbs, etc., he discusses the formative processes (derivation and composition), specifies the formal patterns (with their changes to the base), paraphrases the meaning of each formation, and then provides a good number of examples. Exceptions are also pointed out.
The Decision of a Legal Dilemma
Authors: Jeutner Valentin
Published: September 2017

The third part addresses the third research question; namely by whom and how should a legal dilemma be decided? The first section focusses mainly on the introduction and description of the three elements of the book’s proposal: a dilemmatic declaration, a sovereign decision, and the acceptance of responsibility for any decision taken. The second and third section then defend the proposal against various objections. First, various theoretical objections relating to the law of non-contradiction, the ‘ought implies can’ maxim, and the monopoly of violence will be considered. Subsequently, the final section of this third part considers more practical concerns related to the jurisdiction of international courts, sovereign decisionism, and the potential unfairness of the proposed method for addressing dilemmatic circumstances.
Conclusion
Authors: Jeutner Valentin
Published: September 2017

The final part offers some concluding thoughts and attempts to distil the book’s core findings and arguments. The conclusions will be presented in two sections. The first section focuses on the implications of the concept of a legal dilemma on the international legal order itself. Specifically, it will be considered how the acknowledgement of the concept of a legal dilemma influences the operation and character of the contemporary international legal order. In the second section the focus shifts to a more general consideration of the implications of the concept of a legal dilemma on the legal discourse in principle and on law’s relationship with other normative orders.
Introduction
Authors: Fortin Katharine
Published: September 2017

This introductory chapter explores the definition of ‘accountability’ and explains why it will only be achieved if based upon firmly established legal rules. It conducts a comprehensive review of the different circumstances in which armed groups have been held accountable under human rights law by accountability mechanisms such as the Security Council, Commissions of Inquiry, UN field offices, and Special Rapporteurs. The chapter charts the principle legal explanations that have been given to support the practice of holding armed groups bound by human rights law, including customary international law, control of territory, jus cogens norms, and crimes against humanity. After identifying some of the shortcomings of these arguments, the chapter explains that the purpose of this study is to determine how and when armed groups can be bound by human rights law.
The Law on Belligerency and Insurgency, and International Legal Personality
Authors: Fortin Katharine
Published: September 2017

This chapter provides a historical account of the manner in which the legal personality of armed groups was conceived and treated prior to the drafting of the 1949 Geneva Conventions. Conducting a detailed review of the law of belligerency and the legal framework of insurgency, the chapter demonstrates the different ways in which armed groups could acquire obligations under international law under these frameworks. During the course of this examination, the chapter pays particular attention to the relevance of territory, special agreements, State consent, and the armed group’s functionality. It concludes by analysing its findings against the evaluative framework set out in Chapter 3.
International Humanitarian Law and International Legal Personality
Authors: Fortin Katharine
Published: September 2017

This purpose of this chapter is to determine what the framework of international humanitarian law demonstrates about the material and theoretical circumstances that are required in order for armed groups to acquire international legal personality under international humanitarian law. To fulfil this aim, the chapter analyses the threshold of international humanitarian law and explores its relevance to the acquisition of legal personality by armed groups. The chapter ends by analysing the threshold test against the evaluative framework in Chapter 3, drawing conclusions about the role that State consent plays in the acquisition of international legal personality by armed groups under international humanitarian law.
International Legal Personality of Armed Groups under Human Rights Law
Authors: Fortin Katharine
Published: September 2017

This final chapter of Part II of the book draws together the conclusions of the previous two chapters to develop conclusions about the circumstances in which armed groups can acquire legal personality under human rights law. Examining these conclusions, the chapter argues that there is a need for a threshold test to be met before international human rights law can be applied. It argues that this threshold test should include an ‘organization’ component and an ‘international’ requirement. Drawing upon the conclusions in Chapter 2 on the normative value of human rights law versus international humanitarian law, the chapter ends by considering how an armed group’s control of territory may be relevant to such a threshold test.
How are Armed Groups Bound by International Humanitarian Law?
Authors: Fortin Katharine
Published: September 2017

Chapter 7 conducts a detailed analysis of the main theories of how armed groups are bound by international humanitarian law including: (i) the third parties theory; (ii) the legislative jurisdiction theory; (iii) the effectiveness theory; and (iv) theories relying upon control of territory. In conducting a critical analysis of these theories, the chapter’s purpose is to demonstrate how armed groups can be bound by international law per se. It concludes by considering what this analysis tells us about the circumstances that are necessary for armed groups to be bound by (i) human rights treaty law; and (ii) customary international human rights law.
Conclusions
Authors: Fortin Katharine
Published: September 2017

Chapter 12 contains the conclusions of the study. It brings together arguments from previous chapters showing how they interact to explain how and when armed groups can most legitimately be held bound by human rights law. In doing so, it draws conclusions on the added value of human rights law vis-à-vis international humanitarian law and the legal personality of armed groups under international human rights law. The chapter also contains practical recommendations for accountability mechanisms on how best they can develop a future jurisprudence on the topic. In its concluding remarks, it puts forward the view that there is value in pursuing parallel accountability processes (e.g. Geneva Call), in efforts to secure the accountability of armed groups under international law.
International Organizations and the Fight for Accountability
Authors: Ferstman Carla
Published: September 2017

This book is concerned with reparation for human rights and international humanitarian law breaches committed by or attributed to international organizations. These breaches constitute internationally wrongful acts which, according to the International Law Commission’s Draft articles on the responsibility of international organizations, give rise to an obligation on the offending organization to afford reparation. However, in practice, the obligation to afford reparation is unimplemented. The book explores why this is. It considers how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and, particularly, their application to remedies and reparation owed to individuals. It reviews the various gaps in the law and the limitations of existing redress mechanisms. The book analyses the cogency of the arguments and rationales that have been used by international organizations to limit their liability and the scope and functioning of redress mechanisms, included by the resort to lex specialis principles. It is postulated that the standards of reparation must be drawn from the nature of the breach and the resulting harms and not by who is responsible for the breach. In this respect the book is an exercise in the progressive development of the law. Having determined that existing redress mechanisms cannot afford adequate or effective remedies and reparation, the book explores how to move towards a model that achieves greater compliance.
Introduction
Authors: Ferstman Carla
Published: September 2017

The chapter provides an overall introduction to the book. It explains the subject matter of the book, which is an exploration of the challenges to obtain remedies and reparation for harm suffered in the context of violations of human rights and international humanitarian law carried out by or attributed to international organizations. It sets out the problems the book seeks to address, the approach taken, the methodology, the structure of the arguments, particular issues and tensions. Finally, it posits some solutions and paths forward to the myriad lacunae that have been identified throughout the text and explains what is concluded overall.
Challenging the Conduct of International Organizations before Domestic Courts
Authors: Ferstman Carla
Published: September 2017

This chapter is about domestic courts. Victims often have no other option than to seek a remedy against an international organization before domestic courts. This is so even though the domestic character of such courts does not lend well to them playing this particular adjudicative role with regard to disputes concerning international organizations and organizational immunities from the jurisdiction of domestic courts are near absolute. Unlike the progressive recognition of restrictions to the immunity of States and their agents, there have been only limited parallel developments in the domain of organizational immunity. The chapter considers the extent of immunities and other jurisdictional bars before domestic courts and considers the practice of international organizations to waive immunity.
High and Low Levels of Foreign Bank Ownership
Authors: Epstein Rachel A.
Published: September 2017

Global data on foreign bank ownership shows that the advanced industrial and major emerging economies have low levels of foreign bank ownership—a clear rebuke to marketized bank–state ties. Among developing and smaller emerging economies, however, foreign bank ownership levels are significantly higher on average. The chapter explains the divergence, highlighting both perceived advantages of banking sector protectionism, as well as specific pressures brought to bear on weaker states that forced banking market opening in the context of crisis or transition. Mirroring global trends, West European protectionism juxtaposed against East Central European openness appeared to be a case of stronger states exploiting weaker ones. But the consequences were in fact more complicated. West European banking nationalism was a key source of the European debt and currency crisis and financial fragmentation. And while West Europeans were paying trillions to save their banks, East Europeans largely escaped those fiscal burdens.
Natural Selection, Adaptation, and the Recovery of Development
Authors: Depew David J.
Published: September 2017

This chapter begins by contrasting Spencer’s view of natural selection with Darwin’s understanding of its “paramount power.” Darwin’s interpretation contains seeds of a defining mark of the modern evolutionary synthesis: Adaptation is necessarily a consequence of natural selection working as a “creative” factor over multiple generations. The chapter distinguishes between several versions of the modern synthesis in order to argue that some are less at odds than others with the current turn toward development and in order to suggest that allowing ontogeny to be the generative locus of (much) selectable variation makes for more continuity between the developmentalist turn and the modern synthesis than is sometimes thought. Shifting “adaptation” from trans-generational populations to ontogenetically construed organisms is in tension with the modern evolutionary synthesis, but not as much as some believe.
Serial Homology as a Challenge to Evolutionary Theory
Authors: Schmitt Stéphane
Published: September 2017

The problem of the repeated parts of organisms was at the center of the biological sciences as early as the first decades of the 19th century. Some concepts and theories (e.g., serial homology, unity of plan, or colonial theory) introduced in order to explain the similarity as well as the differences between the repeated structures of an organism were reused throughout the 19th and the 20th century, in spite of the fundamental changes during this long period that saw the diffusion of the evolutionary theory, the rise of experimental approaches, and the emergence of new fields and disciplines. Interestingly, this conceptual heritage was at the core of any attempt to unify the problems of inheritance, development, and evolution, in particular in the last decades, with the rise of “evo-devo.” This chapter examines the conditions of this theoretical continuity and the challenges it brings out for the current evolutionary sciences.
The Struggle to Fight a Humane War
Authors: Conway-Lanz Sahr
Published: September 2017

The Korean War demonstrated the serious problems that the United States had adhering to the new 1949 Geneva Conventions and the severely limited protections that these new treaties provided. The protections for war victims were undermined both by serious gaps in the treaties that failed to provide much safety from bombing to civilians and by US deviations from the agreements in the handling of refugees and prisoners of war. However, Americans did not discard the agreements in the wake of their troubled Korean War experiences. Instead, the war helped to legitimize and lay the foundation for the further internalization of the new laws through their formal implementation, the public controversy they generated, and a boomerang effect of atrocity accusations. Despite failing to provide much protection for Korean War victims, the treaties were part of a broader international consensus-building process that helped to spread humanitarian norms.