bluuebunny/crossref_metadata_2025 huggingface dataset:
6 Financier or Facilitator? The Changing Role of the IMF in Low‐Income Countries
Authors: Bird Graham , Rowlands Dane
Published: September 2009

With the added challenge of trying to meet the Millennium Development Goals, close attention is being paid to the relationship between the IMF and the low-income countries with which the Fund has the majority of its programs. This relationship covers a number of inter-connected issues incorporating both external financing and economic adjustment. For any poor country, conceptually there will be an optimal blend of external financing, short run stabilization and longer term economic reform. The key question is whether and to what extent the IMF helps countries discover and implement this blend. Circumstances may change over time. At a time when aid flows are declining the principal test facing the IMF is whether it can organize additional external financing either directly through its own lending facilities or by catalyzing others to lend. If aid flows are rising and the constraints imposed by external financing are being relaxed, the test is whether the Fund can help ensure that the additional financial resources are used to maximum benefit. This chapter overviews the general issues involved, but it also examines in greater depth the relationship between IMF programs and aid inflows to low-income countries.
8 Signaling, Aid, and IMF Financial Arrangements for Low‐Income Countries
Authors: Lane Timothy
Published: September 2009

This chapter focuses on how the IMF interacts with macroeconomic policy formulation in low-income countries (LICs). It addresses four related concerns. Can the IMF remain fully engaged with LICs without having a loan program (such as the PRGF) in place? How can it sign up to a macroeconomic approach characterized by greater fiscal flexibility? Is its approach (jointly with the World Bank) to debt sustainability adequate, especially in the context of aid concessionality? Is the type of technical assistance it offers suitable to the needs of LICs? The general conclusion is that the Fund has made considerable progress in addressing these issues, but that much more remains to be done: specifically, it should strengthen the underpinnings of its technical assistance and advice, develop a more focused low-income analytic perspective, build its own capacity to assist countries to explore their macroeconomic options, and more systematically evaluate its technical advice in the light of the outcomes this has helped to induce.
2 From Realism to Legalization: A Rationalist Assessment of the International Criminal Court in the Democratic Republic of Congo
Authors: Leonard Eric K. , Roach Steven C.
Published: September 2009

Rationalist or mainstream theories focus on the causal effects and functional properties of international law. One of the central problems of explaining the effectiveness of the ICC is that not all states can be expected to cooperate with the Office of the Prosecutor. While such uncertainty involves primarily the interests of non-State Parties, it is not entirely clear as to how territorial States Parties will seek to maximize their interests in their dealings with the Court. This chapter addresses this issue by focusing on the relationship between the institutional effectiveness of the ICC and the interests of State Parties. A key issue examined is the maximization of interests of these states vis-à-vis ICC prosecutorial discretion, and the problem that this raises for full cooperation. Employing a legalization framework, the chapter analyzes this issue in the context of the self-referral by the Democratic Republic of Congo (DRC). It argues that legalization theory, while limited in certain respects, offers an important analytical framework for examining the parameters or matrix of politicized justice.
3 Explaining the International Criminal Court: A Practice Test for Rationalist and Constructivist Approaches
Authors: Fehl Caroline
Published: September 2009

The Court's controversial institutional design raises a crucial puzzle: Why was the new institution designed in such a way that it failed to gain the support of the one country which is, by all accounts, most important for enforcing its future decisions? In addressing this question, this chapter looks at two groups of theories for potential explanations: rationalist theories of international institutions, and the constructivist literature on the subject. It confronts theoretical arguments from both perspectives with the evidence given by participants and observers of the meetings and actions that have shaped the ICC. The purpose of this approach, however, is not a competitive theory testing in order to demonstrate which theory is correct or inherently better. Rather, it is to assess how helpful different theories are as analytical tools for identifying the relevant explanatory factors in a specific case, and especially how they can be usefully combined.
2 Principal parts and degrees of paradigmatic transparency
Authors: Finkel Raphael , Stump Gregory
Published: September 2009

Paradigm transparency is the extent to which an entire inflectional paradigm is deducible analogically from a subset of its component parts. This chapter proposes precise measures of paradigm transparency. Evidence from Chinantec and Fur demonstrates that paradigm transparency is a significant domain of typological variation, and that the No-Blur Principle is incompatible with this range of variation.
4 Resolving pattern conflict: Variation and selection in phonology and morphology
Authors: Wedel Andrew
Published: September 2009

In a feedback-driven model of language change, conflict between patterns at distinct levels of linguistic organization can be understood as a form of multi-level selection. Simulations of conflicts between phonological and morphological patterns show that positive feedback can promote pattern consolidation at one level at the expense of the other. In this way, analogical generalizations over subparts of the lexicon can be shown to be emergent properties of complex linguistic systems.
6 The role of analogy for compound words
Authors: Krott Andrea
Published: September 2009

This chapter summarizes research on the production, interpretation, and acquisition of noun-noun compounds. Analogical generalizations can systematically govern a whole category of words across different languages and language families. The same kinds of analogical generalizations are in evidence in different domains of languages processing, from language acquisition, to visual word processing.
7 Morphological analogy: Only a beginning
Authors: Goldsmith John
Published: September 2009

A range of approaches to word structure assume segmentation of words into morphs. This chapter proposes explicit algorithm that takes natural language text as its input, and produces the morphological structure of text as its output. Within this model, formal notions that correspond naturally to the traditional notion of analogy are useful and important as part of a boot-strapping heuristic for the discovery of morphological structure. At the same time, it is necessary to develop a refined quantitative model in order to find the kind of articulated linguistic structures that are to be found in natural languages.
Biodiversity-ecosystem function research and biodiversity futures: early bird catches the worm or a day late and a dollar short?
Authors: Solan Martin , Godbold Jasmin A. , Symstad Amy , Flynn Dan F. B. , Bunker Daniel E.
Published: September 2009

Articulating the appropriate interpretation of biodiversity-ecosystem function research is fundamental to providing a tenable solution to the biodiversity crisis, but the gradual dissemination of results and ideology through the literature is inefficient and frustrates timely application of practical solutions. This chapter summarizes the core biodiversity-ecosystem function (BEF) literature then tracks the sequential flow of information to other scientific disciplines and to end users tasked with managing the environment. It examines how effective the BEF community has been in communicating the science and asks whether the discipline runs the risk of being an independent, primarily academic field that does not directly contribute to environmental policy or impending global scale problems. Despite consensus that biodiversity enhances ecosystem function, adoption of BEF principles by policymakers is lagging. If the benefits of our scientific products are to be realized, the information flow from science to policy needs to be more effectively managed and communicated.
Forecasting decline in ecosystem services under realistic scenarios of extinction
Authors: Duffy J. Emmett , Srivastava Diane S. , McLaren Jennie , Sankaran Mahesh , Solan Martin , Griffin John , Emmerson Mark , Jones Kate E.
Published: September 2009

Biodiversity-Ecosystem functioning research remains incompletely integrated with practical conservation by inadequately incorporating the deterministic nature of biodiversity change, which frequently depends on traits that render species sensitive to environmental change. This chapter summarizes progress toward developing a trait-based framework linking empirical data on extinction trajectories, through subsequent community reorganization, to changes in functioning of multitrophic ecosystems. First, this chapter reviews data on traits important in mediating loss and decline of plant and animal species in nature. Second, we discuss how organismal traits may be linked to reorganization of communities via compensation and secondary extinctions following a primary extinction. Third, the chapter briefly considers how organismal traits relate to basic ecosystem processes such as productivity and trophic transfer. Finally this chapter reviews the small number of studies that have compared random vs. deterministic sequences of species loss, and show that deterministic extinction sequences lead to varied, and often stronger, effects on ecosystem functioning.
Microbial biodiversity and ecosystem functioning under controlled conditions and in the wild
Authors: Bell Thomas , Gessner Mark O. , Griffiths Robert I. , McLaren Jennie R. , Morin Peter J. , van der Heijden Marcel , van der Putten Wim H.
Published: September 2009

Primary production and decomposition by microbial communities underpins the functioning of terrestrial and aquatic ecosystems. Microbial communities also provide economically important services such as degradation of pollutants; direct effects on primary productivity; and indirect effects of predation, phytophagy, or resource competition. This chapter's review recent experiments with constructed communities of microbes under controlled conditions. Our review reveals that, although there are many exceptions, most studies have demonstrated a positive relationship between microbial diversity and ecosystem functioning. However, studies of natural communities have reported a variety of relationships between microbial diversity and functioning, and no consistent evidence for a significant relationship has emerged. Regarding these inconsistencies, This chapter discusses the possibility that microcosm and field studies are investigating different parts of the same underlying relationship, and also the possibility that bias in microbe culturability or error in field measurements of biodiversity make comparisons difficult.
Understanding the role of species richness for crop pollination services
Authors: Klein Alexandra-Maria , Müller Christine , Hoehn Patrick , Kremen Claire
Published: September 2009

This chapter discusses the role of flower-visiting species richness for crop pollination services. General arguments why flower-visitor species richness can be important for the mutualistic plant partners are described; highlighting the mechanisms that underlie flower-visiting species richness-pollination services relationships. The visualization and quantification of plant-flower visitor interaction webs are demonstrated and linked to crop pollination research. Current knowledge about the consequences of pollinator decline for the global food supply are presented and pollination markets for honey bees and other bee species are discussed using alfalfa as a case study. This chapter shows that conservation and restoration for high species richness is important to provide insurance and stabilise for pollination services interacting with nature in a changing world.
The economics of biodiversity and ecosystem services
Authors: Perrings Charles , Baumgärtner Stefan , Brock William A. , Chopra Kanchan , Conte Marc , Costello Christopher , Duraiappah Anantha , Kinzig Ann P. , Pascual Unai , Polasky Stephen , Tschirhart John , Xepapadeas Anastasios
Published: September 2009

Biodiversity conservation confers social benefits at many levels. Although the gene pool is a global public good, many of the ecosystem services supported by biodiversity are regional or even local public goods. At all levels, biodiversity underpins the capacity of the system to deliver services over a range of environmental conditions. The economic problem addressed in this chapter is how to correct for (a) the failure of markets to signal the true cost of biodiversity change in terms of ecosystem services, (b) the failure of governance systems to regulate access to the biodiversity embedded in 'common pool' environmental assets, and (c) the failure of communities to invest in biodiversity conservation as an ecological 'public good'. The chapter reviews both the nature of the challenges posed by these failures, and the options for addressing them. It requires that we are able to correctly identify both the private and social decision problems, and hence that we are able to value those non-marketed environmental effects that are ignored in many private decisions. It further requires that we are able to identify governance mechanisms, institutions, and instruments that will induce private decision-makers to behave in ways that are consistent with the social interest. This chapter focuses on the institutional and policy options for securing the socially optimal mix of species, given the role of biodiversity in assuring ecosystem services over a range of environmental conditions.
The valuation of ecosystem services
Authors: Barbier Edward B. , Baumgärtner Stefan , Chopra Kanchan , Costello Christopher , Duraiappah Anantha , Hassan Rashid , Kinzig Ann P. , Lehman Markus , Pascual Unai , Polasky Stephen , Perrings Charles
Published: September 2009

By harnessing recent results on the relationship between biodiversity and ecosystem functioning to an assessment of the valued services that people obtain from the natural environment, the Millennium Ecosystem Assessment (MA) has brought the analysis of ecosystems into the domain of economics. Ecosystem services are defined by the MA as the benefits that people obtain from ecosystems. Since the value of any asset is simply the discounted stream of benefits that are obtained from that asset, the benefit streams associated with ecosystem services may be used to estimate the value of the underlying ecological assets. Those assets are not the traditional stocks of resource economics – minerals, water, timber and so on – but the systems that yield flows of such things. This chapter discusses the value of ecosystems and ecosystem services. It identifies the main methods for valuing different types of ecosystem service, and the role of valuation in developing sustainability indicators. The sustainability of economic development requires that the value of the assets or capital stocks supporting development be maintained over time, and since capital includes produced, human and natural capital, it is important to understand how the value of ecosystems may be changing relative to the value of other capital stocks.
The Ediacaran emergence of bilaterians: congruence between the genetic and the geological fossil records
Authors: Peterson Kevin J. , Cotton James A. , Gehling James G. , Pisani Davide
Published: September 2009

Unraveling the timing of the metazoan radiation is crucial for elucidating the macroevolutionary processes associated with the Cambrian explosion. Because estimates of metazoan divergence times derived from molecular clocks range from quite shallow (Ediacaran) to very deep (Mesoproterozoic), it has been difficult to ascertain whether there is concordance or quite dramatic discordance between the genetic and geologic fossil records. Here, using a range of molecular clock methods, we show that the major pulse of metazoan divergence times was during the Ediacaran, consistent with a synoptic reading of the Ediacaran macrobiota. These estimates are robust to changes in priors, and are returned with or without the inclusion of a palaeontologically-derived maximal calibration point. The two historical records of life both suggest, therefore, that although the cradle of Metazoa lies in the Cryogenian, and despite the explosion of ecology that occurs in the Cambrian, it is the emergence of bilaterian taxa in the Ediacaran that sets the tempo and mode of macroevolution for the remainder of geologic time.
Genomic, phylogenetic, and cell biological insights into metazoan origins
Authors: Nichols Scott A. , Dayel Mark J. , King Nicole
Published: September 2009

Over 600 million years ago, the first multicellular metazoans evolved from their single celled ancestors. Although not recorded in the fossil record, the earliest events in metazoan evolution can be inferred by integrating findings from phylogenetics, genomics, and cell biology. Comparisons of choanoflagellate — microeukaryote relatives of metazoans, with sponges (the earliest known metazoans) — reveal genetic innovations associated with metazoan origins. Among these are the evolution of gene families required for cell adhesion and cell signaling, the presence of which catalyzed the evolution of multicellularity and whose functions have since been elaborated to regulate cell differentiation, developmental patterning, morphogenesis, and the functional integration of tissues. The most ancient tissues — differentiated epithelia — are found in sponges and evolved before the origin and diversification of modern phyla.
The mouth, the anus, and the blastopore—open questions about questionable openings
Authors: Hejnol Andreas , Martindale Mark Q.
Published: September 2009

Gastrulation is one of the major events during the embryogenesis of an animal. In addition to the formation of the germ layers it is often the time when the future axial properties and digestive openings become apparent and it is not surprising that this event plays an important role in hypotheses regarding metazoan evolution. A major difference between these theories concerns the structure of the alimentary canal and the relationship of its openings to the blastopore of the last common bilaterian ancestor. Here we review competing theories of bilaterian evolution and evaluate their plausibility in the light of recent insights into metazoan phylogeny and development.
The evolution of nervous system centralization
Authors: Arendt Detlev , Denes Alexandru S. , Jékely Gáspár , Tessmar-Raible Kristin
Published: September 2009

It is currently unknown when and in what form the central nervous system (CNS) in Bilateria first appeared, and how it further evolved in the different bilaterian phyla. To find out, a series of recent molecular studies has compared neurodevelopment in slow-evolving deuterostome and protostome invertebrates such as the enteropneust hemichordate Saccoglossus and the polychaete annelid Platynereis. These studies focus on the spatially different activation and, when accessible, function of genes that set up the molecular anatomy of the neuroectoderm, and specify neuron types that emerge from distinct molecular coordinates. Complex similarities are detected that reveal aspects of neurodevelopment that most likely already occurred in a similar manner in the last common ancestor of the bilaterians, Urbilateria. Using this approach, different aspects of the molecular architecture of the urbilaterian nervous system are being reconstructed and are yielding insight into the degree of centralization that was in place in the bilaterian ancestors.
The animal in the genome: comparative genomics and evolution
Authors: Copley Richard R.
Published: September 2009

Comparisons between completely sequenced metazoan genomes have generally emphasized how similar their encoded protein content is, even when the comparison is between phyla. Given the manifest differences between phyla and, in particular, intuitive notions that some animals are more complex than others, this creates something of a paradox. Simplistic explanations have included arguments such as increased numbers of genes; greater numbers of protein products produced through alternative splicing; increased numbers of regulatory non-coding RNAs and increased complexity of the cis-regulatory code. An obvious value of complete genome sequences lies in their ability to provide us with inventories of such components. This chapter examines progress being made in linking genome content to the pattern of animal evolution, and argues that the gap between genome and phenotypic complexity can only be understood through the totality of interacting components.
Reassembling animal evolution: a four-dimensional puzzle
Authors: Telford Maximilian J. , Timothy D. , Littlewood J.
Published: September 2009

Drawing from the recent literature and the contributions in this volume this chapter considers some of the recent progress made in the study of animal evolution and the hurdles that remain. Modern approaches to the study of animal evolution integrate palaeontology, evo-devo, phylogenetics, and data from genomes each in the pursuit of a greater understanding of homology as a means of revealing patterns and processes through time and across multiple levels of biological organization. Gaps in our knowledge are inevitable, but with caution, careful sampling and keeping an eye towards new technologies and opportunities, we should not be deterred from inferring the patterns and processes we wish to untangle.
1 The Changing Political Geography of Financial Crisis Management
Authors: Pauly Louis W.
Published: September 2009

In the wake of several financial crises that also now spanned national boundaries, pragmatic financial supervisors gradually built a workable regime around the principle of ‘home-country control’ — the government ultimately responsible for any particular coordinated response necessary to stabilize an interdependent system was the government of the state within which a troubled institution was licensed and clearly based. A truly integrated pan-European market, however, just as a truly global market, pushes such a regime past its limit. In fact, it is already the case that the emergence of certain large, complex financial institutions in Europe blurs the identity of the responsible government and opens the policy space for new supervisory approaches and common agreement on burden sharing. In principle and in extremis, that space can only be filled with an understanding involving the fundamental commitment of fiscal resources, and by the sharing of such a commitment by national authorities. For various reasons, the extent of that commitment may have to remain implicit, but it will only be plausible if credible structures are in place to coordinate responses in the event of emergency. The difficulty in putting these crisis prevention and crisis management arrangements in place exposes the political dilemma at the heart of the financial integration project, both in Europe and more broadly. Finance respects fewer frontiers, but fiscal politics remains geographically bounded. This chapter sets out the conceptual and historical context for understanding that dilemma, and in this light examines the contemporary evolution of policy responses.
Introduction
Authors: Martin Gunther
Published: September 2009

This introductory chapter presents the aim of the book and sets out some of the principal questions of the topic. References to religious institutions and beliefs are analysed by contextualization of and differentiation between factors that may influence the choice and employment of such references, making it possible to state not just what types of argument Athenian orators used, but also when and how. Problems lie in the decision as to what to count as religious arguments and how accurately our texts represent what was actually said.
2 On the False Embassy (Or. 19)
Authors: Martin Gunther
Published: September 2009

In the first trial between Demosthenes and Aeschines, the former depicts his rival as a traitor who by accepting Philip of Macedon's bribes and acting against the interest of the Aeschines has effectively left the community of Athenians. Demosthenes uses references to cults, festivals, or ceremonies to support this political point: Aeschines has poured libations and sung the paean with the enemy, and he has caused disruption to an Athenian festival through his detrimental policies. Hardly ever does Demosthenes accuse Aeschines directly of being flawed in a religious way. The clearest instances of argumentation based on religion are the admonitions to the judges to heed the heliastic oath and therefore not to acquit Aeschines.
3 On the Crown (Or. 18)
Authors: Martin Gunther
Published: September 2009

A description of Demosthenes' position after Chaeroneia stands at the start of this chapter, showing that he defends himself not only against Aeschines, but also against the many accusations and the allegations with a religious background which Aeschines only exploits. Demosthenes turns arguments about his ‘Fortune’, described as a goddess by Aeschines, into a discussion of personal fortune, thus deflecting the debate to one of social standing. In the discussion of Aeschines' participation in the obscure rite of Sabazius, he does not make a religious point but ridicules Aeschines for his ignoble upbringing. In this way he removes the religious element, alluding to this aspect of the accusation only occasionally and after long preparation.
4 Dialogue: The restoration of humanity in Christ
Authors: Greggs Tom
Published: September 2009

This chapter is concerned with the issue of a non-binary or non-separationist soteriology. However, it advocates that divisive approaches to soteriology can only be countered with a particularist agenda. Thus, the chapter seeks to articulate an inclusivist and universalist approach to soteriology, which breaks through binary oppositions, but which is still grounded fully in the particularity of the life, death, and resurrection of Jesus Christ. The work of the Son is understood to be a work for all creation and not a matter of being an insider rather than an outsider. Only in recognizing this universal work of Christ can unhelpful separationism begin to be undermined on its own terms. The chapter seeks to explore further the possibility of a genuinely Christian universalism, giving interpretations and more creative readings of Origen and Barth.
5 The Present work of God: Subjectivity and the Spirit (Barth)
Authors: Greggs Tom
Published: September 2009

This chapter is concerned with the economy of the Holy Spirit. It seeks to redress the accusation (connected to the accusation of universalism) of Christomonism in Barth. It argues that for Barth's theology the economy of the Holy Spirit is the operation of God which allows for the place of faith and Christian existence within a universalist soteriology based strongly on the objective work of Christ: the Spirit allows this objective reality to reach the community and the individual. The chapter discusses the temporal ‘remit’ of the Spirit; the role of the Spirit in the reception of revelation; the operation of the Spirit in establishing Christian particularity and identity; Barth's concept of correspondence (Entsprechung); the Spirit's work in establishing human identity and particularity; and the role of the Spirit in eschatology.
8 Conclusion
Authors: Greggs Tom
Published: September 2009

Offers a summarized version of the argument contained within the book, uniting the various strands of thought into a systematic and constructive statement. It then suggests some of the implications that this presentation of particularist universalism might have. These are in terms of ecclesiology, liturgy and homiletics, eschatological differentiation, ethics, politics, and inter-faith dialogue.
The WTO Dispute Settlement System
Authors: Van Damme Isabelle
Published: September 2009

This chapter sketches relevant features of the subject of analysis: the WTO dispute settlement system. This book on treaty interpretation by the WTO Appellate Body is essentially concerned with how the Appellate Body has used interpretation to simultaneously assert and justify its exercise of the judicial function in the WTO. This presupposes an awareness of the characteristics of this dispute settlement system, its jurisdiction, and the law that applies in adjudicating disputes between WTO Members. For that purpose, the chapter introduces the WTO dispute settlement system, its jurisdiction, the applicable law, and the applicable principles of treaty interpretation. It also contrasts the effect of authentic interpretations of the WTO treaty language with that of judicial interpretations, mostly from a practical perspective.
The Effective Interpretation of the WTO Covered Agreements
Authors: Van Damme Isabelle
Published: September 2009

This chapter seeks to establish how the Appellate Body recognizes certain values and systemic concerns in the WTO covered agreements through the principle of effectiveness. It also illustrates the relationship between the principle of effectiveness and contextualism. The function and meaning of the principle of effectiveness in the Appellate Body's interpretation of the WTO covered agreements illustrates why the ILC ultimately and wisely decided not to codify the principle. The principle is rarely the sole guidance and explanation for a particular interpretation. In most cases, it accompanies the application of other principles of interpretation and functions as a touchstone to review the possible meanings of the treaty language. The principle can also used be a vehicle to emphasize certain values in the treaty. This is common when an adjudicator continuously revisits the same treaty language.
Other Issues in WTO Treaty Interpretation
Authors: Van Damme Isabelle
Published: September 2009

This chapter discusses the Appellate Body's use of supplementary means of interpretation, other language versions, subsequent practice and agreements, and special meanings in interpreting the covered agreements. Previous chapters have touched on these issues and this chapter completes the analysis. Articles 31(3)(a)–(b), 31(4), 32, and 33 VCLT share the characteristic that they are as much concerned with the burden to proof the meaning of the treaty as they are with guiding the process of interpretation as such. Also, they often overlap with other principles of treaty interpretations discussed in other chapters of this book. The Appellate Body does not easily use supplementary means of interpretation, other language versions, subsequent practice, or special meanings on its own initiative. These principles of interpretation differ from the principles of contextual and effective interpretation, which the Appellate Body applies almost as a matter of course.
4 Archaeology, Demography, and Roman Economic Growth
Authors: Jongman Willem
Published: September 2009

This chapter probes the potential of archaeological data for a reconstruction of the demography of ancient Rome. Unfortunately demographic structure is hard to document archaeologically: to calculate ages of death from adult skeletons is a highly imprecise art. On the other hand, skeletons often tell us much about health and disease. Roman census data exist, but their interpretation is extremely controversial. Archaeological surveys suggest a pattern of dense habitation during the late Republic and early Empire. To translate such artefact densities into human densities remains a heroic endeavour, however. Not nearly so heroic, and at least as revealing, is to graph relative changes over time. In Italy, it seems, from the middle and late Republic, the population increased, to reach a peak in the 1st century BC and/or the 1st century AD, and to decline thereafter. Historically, this means that the population grew precisely in a period of rising prosperity.
9 Approaches to Quantifying Roman Trade
Authors: Wilson Andrew
Published: September 2009

This chapter reviews some possible ways to quantify trade in the Roman period, and their inherent methodological and evidential problems. While it is easy to demonstrate the existence of trade, especially long-distance trade, quantification is much more difficult, given the ways in which the archaeological record acts to filter what originally existed. The chapter looks at possible ways of identifying short-distance trade, and examines several case studies of longer distance trade. These include different interpretations of A. J. Parker's graphs of shipwrecks over time, and ways of analyzing an expanded wreck dataset in greater detail; the use of amphorae as a marker for trade; and the production and trade of salted fish, measured by production capacity of salting factories. Finally, it examines the approach of E. Fentress et al. to measuring trade in African Red-slip ware, and discusses the potential for applying this methodology to other classes of pottery.
6 Peopling Ancient Landscapes: Potential and Problems
Authors: Mattingly David
Published: September 2009

The explosion of archaeological field survey projects in the late 20th century has contributed to a general sense that rural settlement expanded considerably in many areas of the Roman Empire, but has not yet had much impact on overall demographic models and estimates for Roman population of provinces or the empire as a whole. Chapter 5 raises many points of fundamental importance for the debate about how best to mobilize the archaeological data. This chapter responds to Chapter 5 and focuses on potential problems of interpretation and methodology: issues relating to modelling settlement from archaeological site ‘numbers’, to the application of random sampling methods in Mediterranean survey, to the recoverability of rare upper-echelon and potentially abundant but elusive lower-order settlements, to the use of interpretative labels for ploughzone sites, to distinguishing evidence of absence from absence of evidence.
The Division of Wrongs
Authors: Descheemaeker Eric
Published: September 2009

The common law, despite procedural divisions, has only ever had one class of civil wrongs. The civilians, by contrast, have typically split their law of wrongs in two, one group being called ‘delicts’ and the other ‘quasi-delicts’. Yet this division, which originated in Roman law, remains mysterious: it is clear neither where the line was drawn nor why a separation was made along this line. This book does two things. In the first two parts, it investigates the origins of the division and its development in a modern civilian jurisdiction, France. What is argued for is that the Roman dichotomy was originally one between fault (culpa)-based and situational liability, which was prompted by a historical contraction of the Roman concept of a wrong (delictum). French law, building on medieval interpretations of the division, redrew the line one level higher, between deliberate and negligent wrongdoing. By doing so, it involved itself in severe taxonomical difficulties, which the book explores. The third part of the work concerns itself with the significance of the civilian division of wrongs according to degrees of blameworthiness (dolus, culpa, casus) for the common law. A rather provocative thesis is developed, in effect, that there is a strong case for the adoption of a similar trichotomy as the first-level division of the English law of civil wrongs. From its formulary age, English law has inherited an unstable taxonomy where wrongs intersect. The existence of these mismatched categories continues to cause significant difficulties, which a realignment of causes of action along the above lines would allow to sort out.
Introduction
Authors: Descheemaeker Eric
Published: September 2009

The civilian tradition, as exemplified by Justinian's Institutes and the French Civil Code, has generally divided its law of civil wrongs into two categories, wrongs ‘proper’ and ‘quasi-wrongs’. Nowhere, however, does it state unambiguously the rationale, or even the content, of this dichotomy. The common law, on the other hand, has only ever had, in spite of some procedural divisions, one class of civil wrongs. From this observation, two questions arise, which will form the subject-matter of the book: How and why did the civilian tradition split up its law of wrongs, and what did it make of this division? What, if anything, could the common law learn from the civilian experience on this point?
Pothier and the French Civil Code
Authors: Descheemaeker Eric
Published: September 2009

This chapter looks at the division of wrongs into délits and quasi-délits in the most significant work of the French ancien droit, Pothier's Traité des obligations, and then in the Code civil of 1804. It explains how Pothier redrew the line between delicts and quasi-delicts one rung higher on the ladder of blameworthiness (between dolus and culpa rather than culpa and casus), thereby opening up a structural gap at the level of casus. The Civil Code, which does not define délits or quasi-délits, is invariably believed to have followed Pothier on this point, hence the modern French definition of délit as an intentional wrong and quasi-délit as a negligent wrong. A systematic study of the travaux préparatoires of the Code shows, however, shows that this assumption is mistaken, the draftsmen of the Code having in reality sat on the fence in respect of this question.
19th and 20th Century French Law
Authors: Descheemaeker Eric
Published: September 2009

This chapter explores the consequences of the structural gap created by the absence of a category corresponding to casus (or strict liability) in Pothier's scheme, meaning that all liability within the Civil Code is structurally supposed to be based on fault (faute). One principal consequence of this flaw is that it has pressured the meaning of ‘faute’ away from its historical sense of culpa and towards something akin to a breach of duty, which would be wide enough to encompass many instances of unblameworthy conduct. Before this, the chapter examines the remapping of the French law of civil wrongs which occurred in post-1804 legal scholarship, from the Code's twofold division into délits and quasi-délits to a new threefold structure, namely liability for one's own act, for the act of another and for the deeds of things. This change in structure has been instrumental in concealing a number of taxonomically unsound evolutions in the modern French law of wrongs.
Structuring the English Law of Wrongs
Authors: Descheemaeker Eric
Published: September 2009

This chapter starts with an explanation of why such a taxonomical exercise matters; and then looks at the two main models available to structure the law of wrongs, namely a right-based model and a fault-based model. It goes on to argue that a right-based structure has become impossible in the modern law, essentially because of the rise of the wrong of negligence; and that legal scholarship has in fact begun to act upon this realisation, gradually switching its arrangement of the area, if in a piecemeal manner, from a structure loosely based on rights (or interests) to one largely based on degrees of fault.
English Law and the Civilian Division of Wrongs
Authors: Descheemaeker Eric
Published: September 2009

This penultimate chapter examines the way in which English law could, and arguably should, draw on the experience of the civilian tradition to restructure its law of civil wrongs. The starting point is that it has inherited from its actional past causes of action ‘named so as to intersect’ (Birks), some wrongs being essentially defined in reference to a protected interest and others to a degree of fault. This causes real and significant trouble, as illustrated perhaps most clearly by the case of Spring v. Guardian. While a mere taxonomical rearrangement of the underlying law could not, in itself, cure these defects, straightening out the ‘props’ along which the law grows would make it possible to sort out, in time, the existing conflicts. Possible objections, both theoretical and practical, to the proposed reorganisation of the law are addressed in this chapter.
Parks in Medieval England
Authors: Mileson S.A.
Published: September 2009

Parks were prominent and, in fact, controversial features of the medieval countryside, but they have been unevenly studied and remain only partly understood. This book provides a full-length study of the subject, setting parks across England throughout the middle ages in their full social, economic, jurisdictional, and landscape context. The first half of the book investigates the purpose of these royal and aristocratic reserves, which have been variously claimed as hunting grounds, economic assets, landscape settings for residences, and status symbols. An emphasis on the aristocratic passion for the chase as the key motivation for park-making provides an important challenge to more recent views and allows for a deeper appreciation of the connection between park-making and the expression of power and lordship. The second part of the book examines the impact of park creation on wider society, from the king and aristocracy to peasants and townsmen. Instead of the traditional emphasis on the importance of royal regulation, greater attention is paid to the effects of lordly park-making on other members of the landed elite and ordinary people. These widespread enclosures interfered with customary uses of woodland and waste, hunting practices, roads and farming; not surprisingly, they could become a focus for aristocratic feud, popular protest and furtive resistance. By combining historical, archaeological, and landscape evidence this study provides insight into contemporary values and how they helped to shape the medieval landscape.
Introduction
Authors: Mileson S. A.
Published: September 2009

This chapter introduces the nature and significance of medieval parks and explains how they have been studied by previous scholars. It then sets out the many aspects of the subject which remain uncertain or controversial and makes clear the wider importance of the topic in terms of the history of medieval culture, jurisdiction, society, and economy. Two key questions are posed which the rest of the book will attempt to answer. Firstly, what was the purpose of parks? Were these royal and aristocratic reserves mainly important as hunting grounds, economic assets, ‘designed landscapes’, or status symbols? Secondly, what impact did these numerous private enclosures have on wider society? Did park creation pose more of challenge to the king and other lords, who had their own strong interest in game and hunting, or to peasants and townsmen, who wanted access to woods, pastures, roads, and fields?
1 Hunting
Authors: Mileson S. A.
Published: September 2009

This chapter looks at the importance of hunting to medieval kings and aristocrats and assesses its significance as a motivation for park creation. It argues that although there is limited evidence about lordly hunting practices, the aristocratic love of the chase was crucial to park-making and park maintenance throughout the middle ages. This interpretation runs counter to many recent studies which downplay the role of hunting as an elite pastime. The chapter also diverges from the often-repeated ideas that later medieval parks differed greatly in function from earlier parks and that these reserves declined hugely in numbers in the later middle ages.
7 Parks and the Community
Authors: Mileson S. A.
Published: September 2009

This chapter uses landscape and documentary evidence to uncover for the first time how park-making affected wider communities, including townsmen as well as peasants. The analysis takes in the whole of the middle ages, providing separate discussion of the earlier and later parts of the period, with their very different demographic and economic conditions and social climate. It is shown that park-making frequently led to the confiscation of farmland from peasants — often with little or no compensation — as well as ensuring that woods and wastes were excluded from assarting and arable expansion. At the same time, parks reduced access to the vital resources of woods and common pastures and led to the blocking and re-routing of roads and tracks. Parks are thus shown to have been an important element in medieval enclosure and an area where the priorities of lords and tenants were often strongly opposed.
Fundamental Rights Conflicts in the European Union
Authors: Pérez Aida Torres
Published: September 2009

This chapter spans on the potential conflicts between constitutional and EU fundamental rights. Conflicts might emerge when constitutional and EU fundamental rights are interpreted differently and their scopes of application overlap. Hence, the chapter explores the instances of overlap between norms protecting rights coming from different legal systems. According to ECJ's case law, EU fundamental rights are binding upon state authorities when they act within the field of application of EU law. Thus, state authorities operate within the controlling parameters of constitutional and EU rights. The ECJ claims authority for adjudicating fundamental rights norms that will be applied to review state action, sometimes in opposition to the constitutional interpretation of parallel rights. Yet, why should the ECJ have the last word regarding fundamental rights' interpretation as opposed to state constitutional courts? The main purpose of the book is to explore the grounds for the legitimacy of the ECJ's claim to authority in adjudicating fundamental rights.
Concluding Remarks
Authors: Pérez Aida Torres
Published: September 2009

This concluding chapter reflects upon the failed project of a European Constitution and the drafting of a written catalogue of EU rights. If eventually ratified, the Lisbon Treaty would recognize legally binding force to the European Charter of Fundamental Rights. There is no hierarchical relationship, however, between the rights enshrined in this Charter and constitutional rights. In this context, potential rights' conflicts in the EU might become even more visible, and the question about the source of ECJ's legitimacy in adjudicating fundamental rights even more relevant. Hence, should the Charter be given binding force, the dialogic model would still be suitable as the source of ECJ's legitimacy. Dialogue does not work to eliminate conflict, but rather it manages conflict over time in a process of constant, mutual accommodation. Since judicial dialogue develops in a fragmented form under conditions that are not ideal, the interpretation of fundamental rights will be tested and refined continuously.
CHRISTOPH SCHREUER: AN APPRECIATION
Authors: Lauterpacht Sir Elihu
Published: September 2009

This chapter presents a brief description of the achievements of Christoph Schreuer, from his excellence as a law student at Cambridge to his teaching career. His best known work is Hersch Lauterpacht Memorial Lectures of 1992 on State Immunity and, more recently, his massive commentary on the ICSID Convention. His status as an international lawyer is now recognized by his holding the Chair of International Law at Vienna and by his membership of the Austrian National Group in the Permanent Court of Arbitration.