bluuebunny/crossref_metadata_2025 huggingface dataset:
Property Law
Authors: Steiner Eva
Published: April 2018

This chapter introduces some basic definitions, notions, and concepts in French property law, a subject known to French law lawyers as ‘droit des biens’ or ‘law of things’. In French legal theory, ownership and possession represent two fundamental separate concepts. Whereas ownership is defined as being the legal relationship of a person to a thing, possession is the factual situation which describes the physical control of a person over the thing. Moreover, in French property law, the rights of individuals which can be assessed in terms of wealth positive or negative belong to their patrimoine. A person's patrimoine consists of rights in rem (property rights) and rights in personam (obligations). In the context of patrimoine, obligations are seen not just as a burden on a debtor, but also in counterpoint as an asset in the hands of a creditor.
General Expectations II
Authors: Goldberg Sanford C.
Published: April 2018

This chapter develops an account of how our epistemic expectations of one another bear on epistemic assessment itself. It argues that a failure to live up to the epistemic responsibilities assigned to us in legitimate social practices puts one’s belief at risk of epistemic impropriety. Whether one’s belief is epistemically improper owing to a failure of epistemic responsibility depends on what would have been the case had one fulfilled all of one’s responsibilities. If the result would have been a belief that failed to satisfy what have previously been identified as the core criteria for knowledge, then one’s belief fails to be epistemically proper. In the course of bringing this out, the author addresses the literature on culpable ignorance, introduces the notion of epistemic strict liability, and distinguishes the risk of epistemic impropriety from epistemic impropriety itself. The result is an account of the conditions on normative defeat.
The Gulf Conflict, 1990–1
Authors: Markwica Robin
Published: April 2018

Chapter 5 explores Saddam Hussein’s choice behavior in the Gulf conflict in 1990–1. The logic of affect demonstrates that the Iraqi ruler’s refusal to comply with the US demand to recall his troops from Kuwait was influenced by several emotions: He found it difficult to abandon Kuwait because its conquest served as a source of pride for him. He also nourished the hope that he would be able to defeat the American troops with the support of foreign volunteer fighters. Moreover, he tried hard to down-regulate his fear of a US attack because his identity as the Arab knight placed a taboo on the experience of this emotion. Any fear that he may have felt came to be overlaid by intense humiliation and anger at what he saw as the Bush administration’s degrading behavior. The combination of these emotions and identity dynamics shaped his resistance in the face of all adversity.
Mesomedes’Hymn to the Sun
Authors: Psaroudakes Stelios
Published: April 2018

This chapter investigates the relationship between the lyrics and the music of Mesomedes’ Hymn to the Sun. There are many instances of word painting in music. The chapter argues that Mesomedes’ Hymn to the Sun is a piece of music well thought through by the composer. The song’s melodic contours reflect and accentuate the meaning of the words, which can affectively be brought forth in sound if the performer is musically sensitive and is aware of the word-melody relationships. It is argued that the song was most probably composed for monodic performance.
Making the case
Authors: Schneider Christopher J.
Published: April 2018

Christopher J. Schneider explains how he uses Qualitative Media Analysis (QMA) to exploit the unconventional data generated by social media in general, and by (public) Twitter feeds in particular. QMA is a method for analysing systematically the documents (tweets, videos) that are produced by social media platforms, which have changed the ways in which we communicate with each other, and also how we communicate with, and about, organizations. Through social media, therefore, researchers have ready access to a range of novel information that is not easily accessed by other means. The approach is illustrated by a study of police–public relationships in Canada; researchers can find it difficult to access police organizations directly. Twitter gives police organizations a ‘new visibility’ which opens them to greater scrutiny. However, police now conduct ‘image work’ through tweets. This research also explored how police respond to recorded instances of violence and untoward conduct posted on YouTube.
Unconventional yet consequential
Authors: Carlile Paul R. , Dionne Karl-Emanuel
Published: April 2018

Paul R. Carlile and Karl-Emanuel Dionne take a sociomateriality approach to provide guidance in how unconventional research can have greater impact in organization studies. Given that unconventional research doesn’t generally conform to existing research practices it has a liability of newness that can hinder its intelligibility in a research community. To address this challenge they focus on five underlying dimensions of materiality that all research can focus on to increase its potential impact: outcomes, accumulations, layers, relative durability and consequences. To show the value of each of these dimensions they use Steve Barley’s 1986 unconventional CT Scanning study and Black et. al’s 2004 unconventional retelling of Barley’s work. They demonstrate that despite the novelty associated with unconventional research, these dimensions of materiality can guide the development of research as a boundary object that sits meaningfully and consequentially between the conventional and unconventional research efforts.
Humans as a Service
Authors: Prassl Jeremias
Published: April 2018

The rise of the gig economy is disrupting business models across the globe. Platforms’ digital work intermediation has had a profound impact on traditional conceptions of the employment relationship. The completion of ‘tasks’, ‘gigs’, or ‘rides’ in the (digital) crowd fundamentally challenges our understanding of work in modern labour markets: gone are the stable employment relationships between firms and workers, replaced by a world in which everybody can be ‘their own boss’ and enjoy the rewards—and face the risks—of independent businesses. Is this the future of work? What are the benefits and challenges of crowdsourced work? How can we protect consumers and workers without stifling innovation? Humans as a Service provides a detailed account of the growth and operation of gig-economy platforms, and develops a blueprint for solutions to the problems facing on-demand workers, platforms, and their customers. Following a brief introduction to the growth and operation of on-demand platforms across the world, the book scrutinizes competing narratives about ‘gig’ work. Drawing on a wide range of case studies, it explores how claims of ‘disruptive innovation’ and ‘micro-entrepreneurship’ often obscure the realities of precarious work under strict algorithmic surveillance, and the return to a business model that has existed for centuries. Humans as a Service shows how employment law can address many of these problems: gigs, tasks, and rides are work—and should be regulated as such. A concluding chapter demonstrates the broader benefits of a level playing field for consumers, taxpayers, and innovative entrepreneurs.
Work on Demand
Authors: Adams-Prassl Jeremias
Published: April 2018

This chapter explores how the gig economy works. It looks at some of the most important platforms and illustrates their central role in shaping transactions between consumers and workers. Digital work intermediation, in particular, is key to understanding the gig economy: here, platforms’ sophisticated algorithms connect workers and customers, and exercise ongoing control over the ensuing relationships. The chapter then charts the astonishing variety and global growth of the gig economy, with a particular emphasis on how platforms make money, from improved matchmaking to regulatory arbitrage. Finally, this chapter turns to the broader impacts of digital work intermediation, considering how platforms go beyond mere matchmaking to shape the experiences of workers and consumers.
The Innovation Paradox
Authors: Adams-Prassl Jeremias
Published: April 2018

This chapter turns to the innovation narrative. It argues that, as far as work is concerned, gig-economy innovation is a myth. The software and hardware on which apps and platforms draw are often the direct result of truly revolutionary innovation and breakthroughs, from GPS locators and the Internet to powerful processors that fit into the palm of your hand. This is the innovation paradox: contrary to the industry’s claims, the underlying business model is anything but novel, as illustrations ranging from nineteenth-century homework in the ‘sweated trades’ to dock labour in the early twentieth century demonstrate. The gig economy is but the latest (and perhaps the most extreme) example of labour market practices that have been around for centuries, with low-skilled tasks instead of complex jobs, powerful intermediaries controlling large workforces, and hybrid arrangements between open market and closed hierarchies replacing the traditional binary contract of employment.
Experience and Representation
Authors: Levine Joseph
Published: April 2018

Here I criticize the most popular version of Representationalism, what I call “Externalist Representationalism.” On this view, the phenomenal character of a conscious state is identified with, or supervenes on, its wide representational content. I argue that this position is implausible because of the unpalatable epistemic consequences that follow from it. In particular, on Externalist Representationalism, what it is like for someone is a function of which property of external object they are currently representing, so it’s possible to be wrong about one’s qualitative experience in a way that seems to violate a plausible version of privileged access to such facts.
Knowing What It’s Like
Authors: Levine Joseph
Published: April 2018

This paper deals with self-knowledge as it applies to the contents of phenomenally conscious states. I argue that a plausible view of our epistemic situation with respect to the phenomenal character of our conscious states rules out various kinds of proposals for identifying phenomenal character with external properties. This paper comes at the issue of representationalism about phenomenal character from the angle of what is involved in self-knowledge of phenomenal character. The main problem, as developed here, is that externalist theories of phenomenal character are inherently vulnerable to “Frege cases,” in which we can internally distinguish our representational states even though they pick out the same external property. By pinning our experience on the identity of the referent of our perceptual states, the theory undermines our intimate self-knowledge of experience.
Secondary Qualities
Authors: Levine Joseph
Published: April 2018

For a long time philosophers of mind treated the problems of consciousness and intentionality differently, adopting a “divide and conquer” strategy. Recently a number of philosophers have thought the two aspects of mind are more intimately connected than was previously thought. Representationalism, which involves reducing consciousness to intentionality, together with some other conditions, is one way of connecting them. This paper shows another way of drawing that connection, focusing on the nature of the secondary qualities, and developing the idea of an appearance that was introduced in Chapter 10. On this view, appearances are essentially relations between subjects and what they perceive.
The Weight of a Legal Reason
Authors: Yaffe Gideon
Published: April 2018

This chapter forwards a theory of the strength of legal reasons under which how much say a person has over the law matters to how strong his legal reasons are. Three measures of strength are discussed: (1) a statutory measure, set by the severity of a statutorily specified penalty, (2) an institutional measure, set by the amount of force employed by legal institutions, and (3) an expressive measure, set by the amount of disapproval expressed by the law. The strength of a legal reason provided by a fact for a particular person, in any of these three senses, is a function of the person’s complicity in the legal facts thanks to which the fact provides a legal reason with a given strength. Complicity, in the relevant sense, it is suggested, is established by the person’s degree of say over the relevant body of legal facts.
Gifts for Cyrus, Tribute for Darius
Authors: Ruffing Kai
Published: April 2018

In the introduction to the famous list of nomes Herodotus offers a rather idiosyncratic characterization of Darius I by means of calling him a huckster. Furthermore, he maintains that Cyrus II received gifts, whereas since the time of Darius the people of the Persian Empire had to pay tribute (phoros). Both issues are discussed against the background of Athenian history and political life in the fifth century BC. It is argued that Herodotus here as elsewhere in the Histories used the Persian Empire and its Kings as a mirror for the developments of his own times. In doing so he offers his opinions as to why the Persians failed in waging war against the Greeks, and consequently, the Athenians’ defeat in the war against the Spartans as well.
Surveying Greatness and Magnitude in Herodotus
Authors: Greenwood Emily
Published: April 2018

Revisiting Fornara’s interest in the intersection between travel, geography, and Herodotus’ historical thought, this chapter argues that it is through studies in physical and spatial magnitude in geographical contexts, as described in his text, that Herodotus educates his readers in the challenge of interpreting geo-political power and its fluctuations over time. This has important implications for how we understand the geographical programme of the Histories and the significance of travel for Herodotus’ own historical inquiry.
The Dynamics of Time
Authors: Grethlein Jonas
Published: April 2018

The paper starts with re-assessing Fornara’s thesis that that the account of the Persian Wars in the Histories ought to be seen in light of the intra-Hellenic conflicts of the second half of the fifth century. There is irony in that a thesis which proved path-breaking for Herodotean scholarship at the end of the twentieth century was actually part of an investigation engaged with a question of nineteenth-century scholarship. The paper then takes up Fornara’s seminal observations about Herodotus and contemporary Athens and develops them further into a direction which ultimately leads to a Herodotus very different from Fornara’s Herodotus. The Histories’ concern with contemporary events, it is proposed, also reveals Herodotus’ profound understanding of the temporal dynamics of writing history. The oblique fashion in which Herodotus comments on Zeitgeschichte reflects an awareness that it is impossible to narrate events which are still in flux. Moreover, due to the dynamics of time historical meaning is inherently instable. Acknowledging that historiography itself is part of history, Herodotus historicizes himself.
Primitive Equations Model
Authors: Zeitlin Vladimir
Published: April 2018

The chapter gives the foundations of modelling of large-scale atmospheric and oceanic motions and presents the ‘primitive equations’ (PE) model. After a concise reminder on general fluid mechanics, the main hypotheses leading to the PE model are explained, together with the tangent-plane (so-called f and beta plane) approximations, and ‘traditional’ approximation to the hydrodynamical equations on the rotating sphere. PE are derived in parallel for the ocean and for the atmosphere. It is then shown that, with a judicious choice of the vertical coordinate, the ‘pseudo-height’, in the atmosphere, these two sets of equations are practically equivalent. The main properties of PE are derived and the key concepts of wave–vortex dichotomy, and of slow and fast motions, are explained. The essential notion of potential vorticity is introduced and its conservation by fluid masses is demonstrated. Inertia–gravity waves are explained and their properties presented. Limitations of the hydrostatic hypothesis are demonstrated.
RSW Modons and their Surprising Properties: RSW Turbulence
Authors: Zeitlin Vladimir
Published: April 2018

By using quasi-geostrophic modons constructed in Chapter 6 as initial conditions, rotating-shallow-water modons are obtained through the process of ageostrophic adjustment, both in one- and in two-layer configurations. Scatter plots show that they are solutions of the rotating shallow-water equations. A special class of modons with an internal front (shock) is shown to exist. A panorama of collision processes of the modons, leading to formation of tripoles, nonlinear modons, or elastic scattering is presented. The modon solutions are then used for initialisations of numerical simulations of decaying rotating shallow-water turbulence. The results are analysed and compared to those obtained with standard in 2D turbulence initializations, and differences are detected, showing non-universality of decaying 2D turbulence. The obtained energy spectra are steeper than theoretical predictions for ‘pure’ 2D turbulence, and pronounced cyclone–anticyclone asymmetry and dynamical separation of waves and vortices are observed.
Rotating Shallow-Water Models with Moist Convection
Authors: Zeitlin Vladimir
Published: April 2018

It is shown how the standard RSW can be ’augmented’ to include phase transitions of water. This chapter explains how to incorporate extra (convective) vertical fluxes in the model. By using Lagrangian conservation of equivalent potential temperature condensation of the water vapour, which is otherwise a passive tracer, is included in the model and linked to convective fluxes. Simple relaxational parameterisation of condensation permits the closure of the system, and surface evaporation can be easily included. Physical and mathematical properties of thus obtained model are explained, and illustrated on the example of wave scattering on the moisture front. The model is applied to ’moist’ baroclinic instability of jets and vortices. Condensation is shown to produce a transient increase of the growth rate. Special attention is paid to the moist instabilities of hurricane-like vortices, which are shown to enhance intensification of the hurricane, increase gravity wave emission, and generate convection-coupled waves.
Polyphony, Event, Context
Authors: Phillips Tom
Published: April 2018

This chapter argues that Pindar’s Paean 9 creates a complex relationship between enunciative and performative situations. This complexity is pragmatic, but is also informed by the poem’s intertextuality, its construction of voice, and its self-consciousness about its status as an aesthetic artefact. Paean 9 positions itself in a tradition of poems about eclipses; doing so reinforces its control over the event it memorializes. Its opening utterance is meant to be understood simultaneously as a spontaneous response to the eclipse and a crafted authorial utterance, and attunes audiences both to the gods’ ineffable power and man’s capacities for meaningful if provisional understanding of it. The poem’s capacity to make itself understood as separable from its performance context inflects the specific way in which it discharges its ritual aims.
Fidelity and Farewell
Authors: Payne Mark
Published: April 2018

This chapter looks at the idea of the event in ‘textual events’. Reading lyric is an encounter with a set of singular ethical gestures. Neither formalism nor cultural poetics adequately describes the experience of shared life in the practice of giving our time to these gestures, whereas the event, as it has been theorized from Heidegger to Badiou, does open up some ways of understanding the purchase on our own historicity that this experience affords. The chapter shows what is at stake in the encounter with what Hermann Fränkel called the ‘enchanted circle’ of Pindar’s ethicality through an examination of the force of gestures toward fidelity and leave-taking in his poems, which gestures are compared with signature ethical gestures of Sappho, Wordsworth, Baudelaire, and Celan.
Islands
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

A database of all the 233 islands in Scotland populated at any time since 1841 shows over half becoming depopulated between 1861 and 2011, with a marked inverse relationship between population size and population decline. Only three of the 129 islands where populations never exceeded 49 in this period were not depopulated at least once. Most even of medium-size islands were unable to maintain the infrastructure available on the largest islands, though even there there was much variation in timings and extent of population change. Other reasons for variation in trends and outcomes include: when electricity arrived; transport costs, journey times and accessibility; how much local produce could be marketed off-island; scale of non-farm/fishing activities, especially tourism;, in some cases, a strong desire by sometimes a very small number of people, for a variety of reasons, to stay on an island or to move there.
Changing Age and Sex Structures and Their Consequences
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

Scotland’s age and sex profiles have changed markedly over time, reflecting changing numbers of births, and the age and sex profiles of mortality and migration. For much of the period, large gender-differentials in emigration gave Scotland the most skewed sex ratios in north-western Europe. The impact on sex ratios in the most marrying age groups of Scottish First World War deaths (whose numbers have often been much exaggerated) was much less than in England. There were major differences in both sex ratios and age profiles between different parts of the country. Its impact on local cultures and the position of women is explored. Crude birth and death rates, while important for some policy purposes where numbers matter, are misleading as guides to the relative impacts on people and families in any area.
Scottish National Mortality and its Wider Context
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

In historical studies of Scottish mortality compared with other countries, expectation of life at birth is highly misleading because, until the early twentieth century, Scotland’s relatively low infant mortality conceals the fact that age-specific death rates at almost all other ages were higher than the closest comparators in western Europe. Scotland has continued to have worse mortality at all ages because Scottish infant mortality, along with death rates at most other ages, failed to decline at the same rate as these other countries in Europe. Nevertheless, expectation of life at all ages did eventually improve at all ages (except most recently for young adult males), though at very varying speeds over time. This allowed survival rates to increase quite markedly, with very few children dying in childhood, most still-married couples living long enough to celebrate many more wedding anniversaries, and most children to know their grand- or even their great-grandparents.
Central Banking in Turbulent Times
Authors: Papadia Francesco , Välimäki Tuomas
Published: April 2018

The book describes the long and difficult process that led to the central banking model prevailing in most advanced economies at the end of last century. The critical institutional basis of that model is an independent central bank with price stability as its dominant objective. The book, which looks in particular at the Federal Reserve of the United States (Fed) and at the European Central Bank (ECB), also presents the essential components of that model, while noting that financial stability did not fit well in it and was the neglected child of central banks before the Great Recession. The book then illustrates the hits that the Great Recession delivered to that model and asks whether a radical rethinking of the model is necessary. In particular, it examines whether the renewed importance of the financial stability objective, the blurred borders between fiscal and monetary policies, the moral hazard created by the central bank’s forceful actions, and, finally, the actions of the ECB to protect the euro have jeopardized the pre-crisis central bank model. The answer to this question is that, while it is not possible to simply return to the pre-crisis central bank model, the adaptations that are needed are more incremental than radical when considered in a long historical perspective. They nevertheless require changes in the statutes of both the Fed and the ECB, and thus will have to overcome a high institutional hurdle.
‘At the End of a Boom?’
Authors: Fair Alistair
Published: April 2018

This chapter discusses theatre-building in Britain in the 1970s and 1980s. The 1970s has often been characterized as a period of economic and political crisis in British history in which the welfare state project was challenged. Yet theatre-building continued throughout the decade: in Scotland the late 1970s saw significant progress in several key projects. The chapter discusses the extent to which contextualism and economy were significant themes in the conception and design of such examples as Bristol Theatre Royal’s studio, Eden Court (Inverness), Pitlochry Festival Theatre, and Dundee Repertory Theatre. It also continues the narrative into the 1980s, showing how the likes of Plymouth Theatre Royal and the West Yorkshire Playhouse represent an evolution of ideas established during the previous two decades. The chapter concludes by aligning the history of theatre architecture in these decades with a recent trend to advance more positive narratives of their history generally.
‘The Most Revolutionary Thing’
Authors: Fair Alistair
Published: April 2018

This chapter discusses the survival of the traditional proscenium arch stage and the ways in which it was rethought. A significant number of Britain’s new civic and repertory theatres of the 1960s and 1970s had, if not a full proscenium arch stage, then at least an open end stage which could be equipped with a proscenium arch for particular productions. The discussion begins with the arguments that were made in favour of this kind of stage before examining how it was rethought in practice, focusing first on the proscenium arch itself before turning to the auditorium. Key examples discussed include the Belgrade Theatre in Coventry, Nottingham Playhouse, the Haymarket in Leicester, the Mercury in Colchester, the Barbican in London, and the Thorndike, Leatherhead. Among the themes discussed are the extent to which auditoria were understood to be ‘functional’ spaces and the desirability of a festive atmosphere in the auditorium.
The Nature and Sources of Ecclesiastical Law
Authors: Hill QC Mark
Published: April 2018

This chapter examines the nature and sources of ecclesiastical law, or the law of the Church of England. It begins with a discussion of the purpose of the law of and for the Church of England, which is to regulate the functioning of the Church and its individual members by a combination of commands, prohibitions, and permissions. It then traces the historical development of ecclesiastical law, from the early Church through the Reformation and post-Reformation. It also considers the nature and effect of establishment of the Church as well as Acts of Parliament, measures, canons, and secondary legislation that have become sources of ecclesiastical law. Finally, it looks at other sources of ecclesiastical law including case law and precedent, quasi-legislation and soft law, jus divinum, custom, jus liturgicum and dispensation.
The Parish
Authors: Hill QC Mark
Published: April 2018

This chapter examines the nature of the parish churches of the Church of England, the respective roles of priest and people, and the rights and duties of the parochial church council (PCC), churchwardens and others. It first provides an overview of the parish structure before discussing the parish electoral roll and the annual parochial church meeting. It then considers the Parochial Church Councils, parochial property, the liability of the rector for repairs to the chancel, quinquennial inspection, and diocesan quota. It also describes pastoral schemes and orders, pastoral church building schemes, sharing of church buildings, ecumenical relations between the Church of England and other Churches, and churchwardens. Finally, it looks at other lay officers of the parish as well as non-parochial churches and chapels.
Clergy
Authors: Hill QC Mark
Published: April 2018

This chapter focuses on the clergy of the Church of England. It first explains the process of selection and training for deacons and priests, along with their ordination, functions, and duties. It then considers the status and responsibilities of incumbents, patronage, and presentation of a cleric to a benefice, and suspension of presentation. It also examines the institution, collation, and induction of a presentee as well as unbeneficed clergy such as assistant curates and priests-in-charge of parishes, the authority of priests to officiate under the Extra-Parochial Ministry Measure, the right of priests to hold office under Common Tenure, and the role of visitations in maintaining the discipline of the Church. The chapter concludes with a discussion of clergy retirement and removal, employment status of clergy, vacation of benefices, group and team ministries, and other church appointments including rural or area deans, archdeacons, diocesan bishops, suffragan bishops, and archbishops.
Worship and Liturgy
Authors: Hill QC Mark
Published: April 2018

This chapter focuses on worship and liturgy in the Church of England. It first considers the form of liturgy used by the Church of England before discussing the performance of regular services in the Church. It then examines Church practice with regard to baptism, confirmation, confession, and holy communion including reservation of the sacrament. It also explains the Church policy with respect to holy matrimony, with particular emphasis on marriage by banns and by licence, superintendent registrar's certificates as a means of authorising a wedding, solemnisation of marriage, marriages in chapels, further marriage of divorced persons, and same-sex marriage. The chapter concludes by analysing how the Church conducts burials and funerals and looking at other church services such as daily offices, visitation of the sick, and exorcism.
Cathedrals
Authors: Hill QC Mark
Published: April 2018

This chapter examines the constitutions, statutes, and other domestic norms of cathedrals in England. In the latter part of the twentieth century, a steady stream of legislation concerning cathedrals appeared which had two broad aims: consistency of governance and protection of the nation's built heritage. The Cathedrals Measure 1999, which substantially repealed the Cathedrals Measure 1963, made it possible for cathedrals to draw up their own constitution and statutes in terms that satisfied the requirements of the statutory framework, and to amend or replace them as and when necessary. The chapter begins with an overview of four bodies established for each cathedral under the Cathedrals Measure 1999: the Council, the Chapter, the College of Canons, and the corporate body. It then considers the cathedral property and finance before concluding with a discussion of cathedral ministry as well as repairs and maintenance in respect of the cathedral and other buildings and monuments.
Fictive Orders and Feminine Religious Identities, 1200-1600
Authors: More Alison
Published: April 2018

Any visitor to Belgium or the Netherlands is immediately struck by the number of convents and beguinages (begijnhoven) in both major cities and small towns. Their number and location in urban centres suggest that the women who inhabited them once held a prominent role. Despite leaving a visible mark on cities, much of the story of these women—known variously as beguines, tertiaries, klopjes, recluses, and anchoresses—remains to be told. Instead of aspiring to live as traditional religious, they transcended normative assumptions about religion and gender and had a very real impact on their religious and secular worlds. The sources for their tale are often fragmentary and difficult to interpret. However, careful scrutiny allows their voices to be heard. Drawing on an array of sources including religious rules, sermons, hagiographic vitae, and rapiaria, this work traces the story of pious laywomen between the thirteenth and sixteenth centuries. It both emphasizes the innovative roles of women who transcended established forms of institutional religious life and reveals the ways in which historiographical habits have obscured the dynamic and fluid nature of their histories. By highlighting the development of irregular and extra-regular communities and tracing the threads of regularization and monasticization that wove their way around pious laywomen, this book draws attention to the vibrant and dynamic culture of feminine lay piety that persisted from the later middle ages onwards.
Introduction
Authors: More Alison
Published: April 2018

This book explores the changing identities of extra-regular and non-monastic women from the early thirteenth through sixteenth centuries. It touches upon the social contributions of these women and the ways that fictive histories have obscured their voices. The introduction sets out the basics of the story that will be told. It both identifies major issues relating to the historical study of women and gender and questions the ways in which the history of women religious has affected modern perceptions. By unravelling the threads of this narrative, this study as a whole traces the way that a religious identity was both constructed for, and inextricably associated with, informal communities of pious laywomen.
Penitents and the Institutionalization of Penitential Life in the Thirteenth Century
Authors: More Alison
Published: April 2018

The first chapter focuses on the wider spiritual context from which penitential movements developed. The rich and vibrant spiritual climate of the early thirteenth century saw the emergence of a number of new expressions of religious life. These new forms of devotion were predominantly characterized by a desire to live according to the gospel while remaining in the world. Throughout Europe, groups of laywomen ran alms houses, cared for lepers and practised other forms of active charity. From the middle of the thirteenth century onwards, the fact that these women did not fit traditional categories was seen as increasingly controversial. Consequently, those responsible for the spiritual care of such groups encouraged them to adopt many external signs of religious life such as a recognized habit, a rule, and even some degree of enclosure.
The Duty of Philosophy
Authors: Williams Donald C.
Published: April 2018

This chapter concerns the nature of metaphysics and a defense of it through a clarification of what role it plays in our theorizing of the world. It is argued that metaphysics and science are on the same continuum and that therefore the same empirical methods apply to metaphysics and the sciences. The ontology/cosmology distinction and the analytic/speculative distinction are introduced and explained. Ontology is the study of being as such and is concerned with general features of every existent, whereas cosmology is the study of how every existent is related to every other in general terms. Analytic inquiry concerns the nature of something and is therefore deductive, whereas speculative inquiry concerns why certain things come into being and is therefore inductive. Both distinctions are distinct. The resulting proposal is that metaphysics has two branches: ontology and cosmology, and either branch can be investigated analytically or speculatively.
Necessary Facts
Authors: Williams Donald C.
Published: April 2018

This chapter is a discussion of the metaphysics of modality. The topic is approached through the lens of actualism and trope ontology, two doctrines that have been articulated and defended in previous chapters. The view to be expounded is that necessary facts are objective and not subjective or merely verbal. In addition, necessity is a feature of mereological and resemblance relations among actual ‘qualitied contents’. Since mereological and resemblance relations are intrinsic, our understanding of modality is cashed out in terms of intrinsicality. This is combined with a combinatorial account of possibility: what is possible is grounded in combinations of actual existents.
The Nature of Time
Authors: Williams Donald C.
Published: April 2018

This chapter provides a fuller treatment of the pure manifold theory with an expanded discussion of competing doctrines. It is argued that competing doctrines fail to account for the extensive and/or transitory aspect(s) of time, or they do so at great theoretical cost. The pure manifold theory accounts for the extensive aspect of time because it admits a four-dimensional manifold and it accounts for the transitory aspect of time because it hypothesizes that the increase of entropy is the thing that is ‘felt’ in veridical cases of felt passage. A four-dimensionalist theory of time travel is outlined, along with a sketch of large-scale cosmological traits of the universe.
The Bugbear of Fate
Authors: Williams Donald C.
Published: April 2018

This chapter begins with a critique of David Lewis’s ontology of concrete possible worlds. One argument that has been given in support of such an ontology is that possible worlds are needed to uphold our best analysis of counterfactuals. In response to this argument it is objected that we do not need to postulate possible worlds as truthmakers for counterfactuals. It is further argued that Lewis’s ontology of concrete possible worlds leads to set-theoretic-like paradoxes, and that it fails to explain our motivation to eradicate evil in our world. Nelson Pike’s argument that if God exists our actions are fated is rejected, and Peter Geach’s argument that if time travel is possible we can change the past is refuted. These responses to Pike and Geach constitute a further defense of the pure manifold theory of time.
Moore’s Early Philosophy
Authors: MacBride Fraser
Published: April 2018

This chapter explains and develops a sense of the intellectual momentum that drove G.E. Moore from Kantianism to his New Philosophy. The chapter begins by describing the movement of thought that began with Moore’s 1898 Fellowship dissertation and the enduring lines of criticism of Kant’s Copernican Revolution subsequently developed in ‘The Refutation of Idealism’ (1903) and other writings. Next the chapter lays out the conceptual realism of Moore’s ‘The Nature of Judgment’ (1899). Moore recapitulated Hegel’s critique of Kant and advanced the doctrine that the world itself is thinkable—that cognition is possible because reality is itself a sea of information.
Wittgenstein’s Tractatus
Authors: MacBride Fraser
Published: April 2018

This chapter argues that the picture theory of Wittgenstein’s Tractatus was anticipated by a proto version of the theory entertained and criticized by Russell in ‘On the Nature of Truth’ (1906–07); we can understand Wittgenstein’s own version of the picture theory as arising from efforts to meet Russell’s criticisms. The resulting state of semantic enlightenment that Wittgenstein achieved in the Tractatus enabled him to explain how representation involving both simple and complex judgements is possible whilst remaining agnostic about the number and nature of the categories. In this way Wittgenstein embraced a form of naturalism that transcended both nominalism and realism.
Coda
Authors: MacBride Fraser
Published: April 2018

This Coda reflects upon some of the immediate consequences of the genealogy of universals in early analytic philosophy undertaken here. First consequence: that the particular–universal distinction cannot credibly be claimed to be obvious or intuitive or a truism because it was far from inevitable that the distinction should have become entrenched in contemporary analytic philosophy. Second consequence: that we should be open, as Wittgenstein and Ramsey were, but Peirce and Russell and Armstrong were not, to the possibility that unity, whether of a fact or a proposition or complex whatever, is achieved collectively by the mutual collaboration of elements so unified without there being a privileged element, a relation or universal, there to unify the rest.
John Hyrcanus and a Heavenly Voice
Authors: Noam Vered
Published: April 2018

This chapter treats the second-generation Hasmonean figure John Hyrcanus to whom the virtues of leadership, priesthood, and prophecy are attributed. This ascription is reflected not only in Josephus and rabbinic literature but also receives a hostile twist in the Dead Sea Scrolls. Based on an earlier stratum from a lost Aramaic chronicle, the legend recounts an announcement of military victory by a heavenly voice in the temple. In essence this tale belongs to a genre identified as priestly temple legends. This priestly legend was in turn integrated into both the Josephan and the rabbinic contexts. The new rabbinic setting in effect “rabbinized” the image of John Hyrcanus and inverted the message of the story, using it to announce the end of the era of prophecy. In contrast, Josephus underscored the merit of prophecy and retained the full image of John as a political and military leader. For both corpora, Hyrcanus represents the acme of the Hasmonean rulership.
The Fratricidal Hasmonean Conflict and the Murder of Onias
Authors: Noam Vered
Published: April 2018

This chapter examines the story of the internecine struggle between the two Hasmonean brothers, Hyrcanus II and Aristobulus II, which brought the Hasmonean commonwealth to its end. Only in Josephus is the story of the murder of a righteous man, Onias, juxtaposed to the central tradition regarding the siege of the temple during this war, although this too was clearly an early Jewish tradition. In the rabbinic sources, the story of the siege and the sacrificial animals underwent multiple reworkings, and it is the Babylonian Talmud that reflects the more original version and message of the story. If in Chapter 2, we saw the “rabbinization” of the figure of John Hyrcanus, here the story itself underwent this process and its original moral message was replaced by multiple halakhic implications. In both corpora, this dissension between brothers is seen as the leading cause of the downfall of the Hasmonean dynasty. This was in contradistinction to the political stance represented in the Dead Sea Scrolls, which interpreted the Roman occupation as proof of the sinfulness of the Hasmonean state from its very inception.
Claims to Traceable Proceeds
Authors: Nair Aruna
Published: April 2018

This book explains the rational basis of the law of tracing, and why and when English law makes claims to traceable proceeds available. Tracing enables a claimant to make a proprietary claim to an asset acquired by a defendant from a third party, on the grounds that that asset represents the ‘traceable proceeds’ of another asset that belonged to the claimant. The book argues that the rules that allow this connection between assets to be established—the rules of tracing—aim to strike a balance between preserving the autonomy of defendants in making decisions to acquire or retain assets and preventing them from exploiting their power to deprive claimants of rights by such decisions. This account of tracing explains its historical development and its application in modern contexts. It also explains the availability of claims to traceable proceeds: an exploitation of power, of the kind that tracing is concerned with, can take place only in the context of a prior relationship of ‘control of assets’, whereby one person has a legal power to vary the legal rights of another with respect to some assignable right, owes that other a duty in respect of the exercise of that power, and is able to validly exercise the legal power in breach of that duty. These relationships, which exist both at law and equity, overlap with the categories of ‘fiduciary duties’ or ‘property rights’, but share additional and distinctive characteristics that justify the availability of tracing.
Control of Assets in Equity
Authors: Nair Aruna
Published: April 2018

This chapter examines the case law governing the situations where the holder of an equitable right in some asset can claim the traceable proceeds of that asset. Analysing the trust structure as the paradigm case of a relationship that generates claims to traceable proceeds, it argues that tracing does not depend on the existence of equitable powers to deal with the beneficial interest of the beneficiary but on the trustee's legal power to deal with the trust asset and his duties not to exercise those powers except for the claimant's benefit. This structure—the claimant has the benefit of an equitable interest in respect of some asset, and another person has a legal power to deal with that asset, which he is not at liberty to exercise in some circumstances—is shown to justify tracing in a number of contexts where equitable powers are either non-existent or irrelevant.
Control of Assets at Law
Authors: Nair Aruna
Published: April 2018

This chapter examines the case law governing the situations where the holder of a common law right in some asset can claim the traceable proceeds of that asset. It analyses the leading cases that recognise such a possibility and argues that these demonstrate that tracing is possible wherever one person has a legal power to deal with the assets of another, a duty not to exercise that power, and an ability to effectively exercise the power in breach of duty.
The Wackernagel complex and pronoun raising
Authors: Weiß Helmut
Published: April 2018

In many Indo-European languages, pronouns (and other clitic-like elements) tend to appear in second position or near it. This phenomenon was first described by Jakob Wackernagel, after whom the position is named the Wackernagel position (WP). This chapter describes the emergence of the WP in German where it is the third position following SpecCP and C. Since subject clitics in the WP interact phonologically and morphologically with verbs and complementizers in C, three additional syntactic features (double agreement, complementizer agreement, partial pro-drop) are associated with the WP in German (forming the so-called Wackernagel complex). The chapter surveys the evidence for the existence of the WP in OHG and, to a lesser extent, in MHG, using the additional features as diagnostics. It also contains a new explanation of how complementizer agreement could have emerged.
Introduction to Part III
Authors: Fuß Eric
Published: April 2018

This chapter provides an overview of Part III, which deals with various aspects pertaining to the right sentence periphery in historical stages of German. It outlines a set of issues that figure prominently in relevant current research, including the theoretical analysis of linguistic variation, the impact of information structure on word order (OV versus VO, in particular), and the historical development of verb clusters. In addition, the chapter includes brief summaries of the individual contributions, which focus on word order variation in the lower/right-most part of the middle field (and the post field), and properties of the so-called verbal complex located in the right sentence bracket.
Mr. von Mohl’s Term of Art
Authors: Meierhenrich Jens
Published: April 2018

The German idea of the Rechtsstaat has revolutionary origins. Robert von Mohl crafted it under the influence of the Enlightenment. This chapter tells a brief history of the idea of the Rechtsstaat in Germany. It traces the evolution of the term from its emergence in the late eighteenth century until 1933. Its intellectual trajectory raises questions about the long-run consequences of legal development in modern Germany. It sets the stage for the analysis in the next chapter of the term’s manipulation by legal theorists in Nazi Germany.