bluuebunny/crossref_metadata_2025 huggingface dataset:
The Future of Psychiatry: Reasons for Optimism
Authors: Zorumski Charles F , Rubin Eugene H
Published: November 2023

This is an exciting time in psychiatry. In some ways, psychiatry in the early 21st century can be compared to fields like physics and genetics at the turn of the 20th century. At that time, physics was embarking on a magical transformation, and new ideas and methods were developing rapidly. An enormous expansion in knowledge about the nature of atoms led later in the century to the development of nuclear power and other advances. Scientists like Einstein, Heisenberg, and Bohr became household names, and terms like nuclear, relativity, and uncertainty became part of our common vocabulary. In the early 1900s, the potential for the field of genetics could not even be imagined.
Introduction
Authors: Bosworth B
Published: November 2023

This brief foreword has two functions. It gives a summary review of the life and writing of Arrian in the light of the research of the last fifteen years and a somewhat fuller introduction to the specific content of Books IV and V. It is intended to be self-contained, but it is necessarily brief and related primarily to the subject-matter of this volume of commentary. For a more extended discussion the reader should consult the Introduction to volume i.
Prelude
Authors: Harvie Christopher
Published: November 2023

On 12 October 1912, at the Leeds Festival, the massed choirs of Yorshire boomed out the opening strophes of Ralph Vaughan Williams’s Sea Symphony, a vast oratorio-scale setting of poems—’Song of the Exposition’, ‘Sea Drift’, ‘A Passage to India’— by Walt Whitman. A new, radical voice was injected into an English musical scene which, with Elgar, Stanford, Parry, Delius, had been in furious movement for over a decade.
Anglo-Saxons into Celts: The Scottish Intellectuals, 1760– 1930
Authors: Harvie Christopher
Published: November 2023

I realised for the first time that Medina might be damnable, but was also great. Yes, the man who had spat on me like a stable-boy had also something of the prince. I realised another thing. The woman’s touch had flattened down the hair above his forehead, which he brushed square, and his head, outlined in the firelight against the white cushion, was as round as a football. I had suspected this when I first saw him, and now I was certain. John Buchan, The Three Hostages, 1924 John Buchan’s most commanding villain, Dominic Medina, was already something of an antique when he made his appearance in The Three Hostages (1924). Richard Hannay’s description represented the ‘brachycephalic’ (round-headed) Celt, out of the phrenological anthropology of seventy years earlier.
John Bull’s Other Irishman: Bernard Shaw, Capitalism, and the Celts
Authors: Harvie Christopher
Published: November 2023

Ireland has changed. The patriotism of the Irish is the same, but the expression of it is different. The boy who used to want to die for Ireland now goes into a rage because the dispensary doctor in County Clare has been elected by a fraud. Ireland is no longer a sweetheart but a house to be set in order. W. B. Yeats, address in Detroit, 19 February 1913 The Court Theatre, London, 1 November 1904: Act I of John Bull’s Other Island. We have been here before. A consulting room in central London, shared by two bachelors, and a shifty-looking character about to enter. Could this be 221B Baker Street? Bernard Shaw playing Holmes-and-Watson? Indeed, and not for the last time: Professor Higgins and Colonel Pickering would come in 1914.
Introduction
Authors: Kim Won Bae , Douglass Mike , Choe Sang-Chuel
Published: November 2023

The focus on culture in this book represents a departure from much of the contemporary study of urbanization. Previous work on cities in East Asia has all too often assumed a generic ‘Third World’ or ‘Asian’ model of development that fails to consider substantial differences in historical experience. Culture is here understood as expected ways of behaviour that are encoded in social, political, and economic institutions. It provides a normative context within which social behaviour is instituted and acted out (Agnew et al.1984).
Who wants a GDI?
Authors: McKee Lance
Published: November 2023

The foreword to this book refers to the expected evolution of the information infrastructure in general, its social and cultural impact, and the growing significance of the geospatial data infrastructure component of this information infrastructure. This chapter explores the technology push and market pull which are at the heart of this evolution, and discusses the possible effects on society. Predicting what humans will do in the future has never been an exact science, but some observations are inescapable, and some predictions about the growth of the GDI are, in my opinion, hard to deny. Technology push and market pull are driving each of the following developments.
Peasantries in Post-Revolutionary Oaxaca
Authors: Clarke Colin
Published: November 2023

Oaxaca is among the most backward states in Mexico. Forty years after the tumultuous Mexican Revolution ended, authoritative international agencies recorded that Oaxaca had the second highest rate of morbidity in Mexico, and, according to the 1960 census, was seventeenth—among the thirty-two federated entities—with respect to per capita wheat consumption. It was twentieth with regard to consumption of meat, fish, milk, and eggs. Twenty-first in the ranking in respect of dwellings constructed of adobe or wattle and daub. Twenty-seventh with reference to the number of persons per room; and in the last place based on the index of families with radios, television sets, electric irons, and sewing machines. Oaxaca was in second place with respect to the highest rate of illiteracy (UNDP/FAO 1972, 53).
Ethno-Linguistic Groups
Authors: Clarke Colin
Published: November 2023

Oaxaca’s peasantries are diverse, not only in socio-economic terms, but also ethno-linguistically. Oaxaca is one of the most multi-ethnic states in Mexico, if language is taken as a cultural marker. A little under half the population speaks a pre-Columbian language, and there are sixteen different major linguistic groups. Chance, reporting on the Villa Alta area of the Sierra Zapoteca, notes, ‘the district’s five basic ethno-linguistic groups have of course persisted until the present time, but only as rather vague, language-based reference groups as far as the people themselves are concerned’ (1989, 124). In addition there are, within some languages, such as Zapotec, which is spread across the various altitudinal zones in the centre of the state and the Isthmus of Tehuantepec, important dialect differences that make for mutual unintelligibility between adjacent communities (Rendon 1995).
The Ice Age in the Tropics and Its Human Implications
Authors: Goudie Andrew S
Published: November 2023

Louis Agassiz, the Swiss natural historian, was a young man in a hurry. In 1836 he was guided around Switzerland by two colleagues, Venetz and de Charpentier, and as a result of their inspiration became an enthusiast for the idea that, in the past, glaciers had been much more extensive than now—the so-called Glacial Theory. As G. L. Davies has pointed out (1969: 265): in his unbounded enthusiasm, he elaborated the theory far too rapidly for the liking of the theory’s two pioneers. Understandably they resented what they regarded as Agassiz’s forceful intrusion into glacial affairs, and the cavalier manner in which he seemed to have taken the glacial theory over as his own.
Problems and Prognosis: Perspectives on Agriculture at a Regional Scale
Authors: Baker Kathleen M
Published: November 2023

Chapter 1 asserted that development strategies should be based on appropriate ecological models. It also made the claim (to be substantiated in subsequent chapters), that many of the methods used by smallholders were ecologically appropriate and might thus be incorporated in models for development. But if smallholder methods are so apt, one is forced to ask why is it that African agriculture is widely perceived as a sector in crisis, low in terms of productivity and largely stagnant? (World Bank, 1981, 1989; Berg, 1986; Eicher, 1986; Lowe, 1986; Gakou, 1987; Hinderink and Sterkenburg, 1987; Neimeijer, 1996). The answer, it would appear, depends very much on the scale of investigation. It is undeniable that there are major problems in the agricultural sector in West Africa, but these seem to be distorted at a regional scale. When viewed at a more local scale the image of the sector may be much more positive, as several of the subsequent chapters show. Inevitably, the interpretation of secondary source information is always open to debate.
Non-Equilibrium and the Cocoa Sector
Authors: Baker Kathleen M
Published: November 2023

Cocoa was virtually unknown in West Africa in the mid-nineteenth century when it was imported from South America, but by the last decade of the century it was being exported to Europe from what is now Ghana and Cote d’Ivoire. Declining prices for palm oil and for rubber stimulated the uptake of cocoa but it was the skill of indigenous cultivators who made it a success (Berry, 1975; Chauveau and Leonard, 1996; Hill, 1963; Mikell, 1989). Few farmers had any prior knowledge of cocoa but by combining their innate knowledge of the environment with advice from colonial agricultural officers and by trial and error, they largely succeeded in meeting the ecological demands of cocoa and added it to indigenous cultivation systems. According to Hill (1962), ’It is no exaggeration to say that this dramatic and sustained response to the commercial possibilities of an unfamiliar tree is one of the great events of the recent economic history of Africa .. .’ (Hill, 1962: 281). How farmers adopted cocoa and adapted their farming systems around it cannot be omitted from a book concerned with agriculture in West Africa.
Cultivated Landscapes of Native Amazonia And the Andes
Authors: Denevan William M
Published: November 2023

The Andes and Amazonia are two of the harshest regions on earth. The opportunities for productive agriculture, even with modern methods, seem limited, given conditions of climate, terrain, and soils. Nevertheless, indigenous people, both prehistoric and more recent, have developed systems of cultivation that have been intensive, highly productive, and sustainable, reclaiming marginal lands and supporting large numbers of people and complex societies. This book examines Indian agriculture in South America. The focus is on field types and field technologies, including agricultural landforms such as terraces, canals, and drained fields, which have persisted for hundreds of years. The evidence utilized comes from abandoned fields, historical documents, and current practices. What emerges is a picture of mostly successful indigenous farming practices in rain forests, savannahs, swamps, rugged mountains, and deserts. And while this knowledge may not always be directly applicable to development today, it does provide us with some unique techniques and some basic principles for farming difficult environments.
Research on Native Cultivated Landscapes in the Americas
Authors: Denevan William M
Published: November 2023

Until recently, there has been little scholarly interest in the techniques and ecology of native1 cultivation2 systems in the New World. More attention had been directed towards agricultural3 origins and the history and nature of specific crops. It was assumed that few ancient fields still existed and that contemporary Indian cultivation was largely deteriorated and simplified and/or highly modified by European influences. Air photography, however, has revealed the existence of hundreds of thousands of early fields and associated remnant features which can be measured, excavated, and analyzed and their ecology and productivity reconstructed. Many indigenous cultivation techniques have continued relatively intact throughout the hemisphere to the present, and even where modified it may be possible to determine pre-European characteristics.
Classification of Field Types
Authors: Denevan William M
Published: November 2023

Agricultural technology and the human management of the natural environment for the cultivation of domesticated plants, involves crops, tools, and the processes and forms of environmental modification. Agricultural fields can be divided into those that are artificial in terms of significant degree of surface modification and those that are not. The latter are usually rainfed or located where water is concentrated; they often have good soils; and they are mostly on gentle slopes. However, for past times our best evidence is the forms of manmade agricultural features (agricultural landforms)1 which have survived, and these are given major attention in this study. They consist of actual fields and/or field features such as canals. In addition, there are aspects of technology that do not survive visually, but may be detected through stratigraphy, chemical analysis of soil, palynology, and other archaeological means, as well as from written accounts and observation of current practices. These include soil management, vegetation control, use of fire, etc.
Fields of the Mojo, Campa, Bora, Shipibo, and Karinya
Authors: Denevan William M
Published: November 2023

In the previous two chapters, material on indigenous cultivation in Amazonia was taken from many sources. Following are five case studies based on my own field research, plus collaboration with others, and use of historical documents. The reader is referred to our previous publications for more details. These case studies provide examples of different historic and contemporary agricultural systems in Greater Amazonia: the colonial Mojo (relatively intensive swidden) in Bolivia, the Campa (extensive swidden) in Peru, the Bora (managed fallows) in Peru, the Shipibo (floodplain cultivation) in Peru, and the Karinya (multiple biome fields)
Terrace and Irrigation Origins and Abandonment in the Colca Valley
Authors: Denevan William M
Published: November 2023

In the Department of Geography at the University of Wisconsin in the 1960s and 1970s the Latin Americanists were interested in the cultural ecology of shifting cultivation, agroforestry, traditional crops, and raised fields. We assumed that terraces and canals, so often photographed, were well studied; however Donkin’s (1979) terrace survey showed otherwise. Furthermore, the magnitude of terrace abandonment in the Andes was astonishing given current demographic pressures on farmland. We were thus motivated to propose an interdisciplinary project which would examine abandoned terraces and associated irrigation and attempt to determine the cause or causes of abandonment. John Treacy, who had worked with me on raised fields at Samborond6n in Ecuador and on Bora agroforestry on the Rio Ampiyacu in Peru, had lived for eight years in the southern Andes of Peru, and he wanted to return to carry out research for his doctoral dissertation.
The People in a Hamlet: Watalu
Authors: Lewis Gilbert
Published: November 2023

The house in which everyone had gathered to send off Mowa'an's spirit belonged to Maluna and his two brothers, Kantyi and Dauwaras. Maluna, who had invited me to sit down, was the eldest, Dauwaras the youngest.
Paths and Gardens
Authors: Lewis Gilbert
Published: November 2023

There was not always something for breakfast. Sometimes they had to be content with plain taro, roasted on the fire and scraped, or a cold piece of cooked taro or yam warmed up from last night. But usually a morning meal was cooked — it took the wife longer because she had to boil the water for t;Jb;Jgan, which is sago jelly made from sago flour mixed with boiling water to make it set. It was called ‘hatwara’ in Tok Pisin. Təbəgan was their staple food. Sago was food in the most basic sense for them. It set the type. Domestic animals ate sago jelly. They were hardly fed anything else. If an animal was to be domesticated, it must be with sago jelly. A puppy, a wild piglet just caught, was fed by its new owner with gobbets of jelly spat out. That was how to make the piglet or the puppy learn who was its new human ‘mother’ or ‘father’. Ruefully they discovered that one cannot domesticate a kitten: it will not eat sago jelly. More bizarre was a young man who tried to feed a desperate wild parrot with sago jelly. He had just caught it; he wanted to tame it and sell it to a missionary! No success.
A Question of Marriage and a Fall
Authors: Lewis Gilbert
Published: November 2023

In the middle of April I went with Dauwaras and Purkiten and Purkiten's sister for a short visit to Laeko. We returned late on Sunday afternoon. There were people waiting with sores which they wanted bandaged. While seeing to them, I heard that just the day before, on Saturday, Silmai's eldest daughter Warao had run away from Wimalu to come to Watalu, to find Tuawei.
The Hunting in July and Another Fall
Authors: Lewis Gilbert
Published: November 2023

In all the hamlets at this time, people were planning to go to hunt in the more distant bush. A number of families had already left. It was the time of ‘good sun’ and the moon was near the full.
The Perception of his Illness
Authors: Lewis Gilbert
Published: November 2023

Dauwaras remained for ten days in Gaita’s house. After his return and the public spitting, few went to see him or talk to him. He lay or sat inside the house on his ‘panggal’ bench-bed, coming outside to sit in the sun only once or twice.
Imagery Without Influence
Authors: Lewis Gilbert
Published: November 2023

Maka’s attack had switched people’s attention away from Dauwaras, but when the acute concern about her faded, the problems of Dauwaras were still there and came back into focus.
The Death of Dauwaras
Authors: Lewis Gilbert
Published: November 2023

Who could know what pollut ing or dangerous remnant influences you might be going under as you bent and passed under it? From a menstruating woman? A man hot with sorcery materials? A junior? And there were many rules about precedence, order, and well-being that were connected with being stepped over: these rules often constrained placing and physical movement-stepping over someone else’s actual body, their netbag, touching their hair, making your shadow cross over them, overshadowing their possessions and their rights.
The Period of Mourning
Authors: Lewis Gilbert
Published: November 2023

They called out for it to be carried through the air high and strongly. It went above Nembugil and over, they said, Yankok (which, of course, cannot be seen from Rauit-it is right down in the valley below the cliff). There it burst into light. The verdict? It pointed at Yankok. They said that Weimbari who was staying at Yankok had seen it (he was there to watch over Wuradil at the ‘Haus Susu’: she had been brought in, on the order of the ‘kiap’, to feed up her underweight baby). They asked me whether I had seen it too, thinking I had stayed that night at Yankok. Since they had put the ghost spell in the hair, they left revenge to that without pursuing Tawo’s suggestion of the gablit revenge.

On Friday, 21 February their fast was ended. All the other hamlets of the village
Aftermath
Authors: Lewis Gilbert
Published: November 2023

Silpaden had made an offering plat form to placate the spirit of Ta’adu, also on 20 January. It was fixed to the corner of her mother Waldao’s house. He had put an offering of coconut and sago and leaves there for her spirit. They had been hunting a lot without success and he had appealed to her spirit to bring them pigs and game. He said that the offering was because of their lack of hunting success, not Parku’s illness.
Landscapes of Cultivation
Authors: Doolittle William E
Published: November 2023

That North America was a different place five hundred years ago than it is today should go without saying. However, many of the changes that have taken place during the past five centuries may well be more of nature than degree or kind. As we enter a new millennium, North America holds the distinction of being the breadbasket of the world; more food is produced there than on any other continent. But, this is really nothing new. Although everyone knows that North America has been an agricultural leader since at least the 1870s, few recognize that it may have been a global leader in food production for several centuries, well before people even began to think in global terms.
Plain Fields in Warm Environments
Authors: Doolittle William E
Published: November 2023

Husbandry of non-domesticated plants—be they small and herbaceous or large, and woody—and maintaining gardens are both forms of agriculture, but clearly they are not the types of activities that most people think of immediately in terms of food production. Much more apparent is the cultivation of staple crops, domesticated grains that comprise the greatest part of a peoples’ diet.

The growing of cereals, especially on reasonably large, or at least discrete, tracts of land, is contingent on certain environmental conditions. Of specific importance are ample but not excessive moisture, a sufficiently long frost-free or growing season, naturally fertile soil, and gentle terrain. Foremost among these is moisture, particularly that which occurs in the form of rain. Although the amount of moisture on a field can be regulated artificially by applying more water (see Part IV) or removing some (see Part V), the most basic form of agriculture is that which is dependent solely on precipitation falling directly on fields and which requires no drainage. This form of agriculture, known as ‘rainfed’, is certainly straightforward. It is, however, not without ambiguities.
Ridged Fields in Cool Environments
Authors: Doolittle William E
Published: November 2023

The growing of crops in areas with ample, but not too much, moisture and a sufficiently long growing season was an activity that did not necessarily require the construction of permanent features on the North American landscape in pre-European times. As has just been illustrated, indigenous agriculture over much of the continent, and especially in the East, took this form. Of course, some landscape modifications associated with prehistoric rainfed agriculture do persist on the eastern landscape today, but these—the relict corn hills—were intended to be temporary when they were made; they were not constructed as permanent features. Their location is, nevertheless, curious. Surviving close to the northern limit of cultivation begs the question of an environmental correlate. Although record of their existence has been credited principally to careful observers, it seems highly likely that these particular corn hills might also have helped alleviate problems involving cool conditions and the short growing season. The previously discussed inverse correlation between the number of seeds planted per hole and the length of the growing season is corroborative evidence.
Canal Irrigation
Authors: Doolittle William E
Published: November 2023

There may well be no other form of agriculture that has garnered as much attention as irrigation. In a very basic and literal sense, irrigation is defined as the artificial application and distribution of water to otherwise dry lands in order to facilitate cultivation (Monkhouse 1965: 173; W. Moore 1974: 117). With a definition this broad, irrigation technology can vary in complexity from being as simple as carrying water by hand in containers, a practice that must be very old, to as complex as computerized and motorized sprinkler systems, a practice which is obviously quite new and beyond the nature and scope of this volume. Most frequently, however, irrigation is envisaged as involving canals through which water flows under the force of gravity (Rawitz 1973), and it is usually associated with permanent or perennial rather than seasonal or ephemeral streams (Lawton and Wilke 1979: 4–5; Masse 1980: 198).
The Origins of European Legal Culture
Authors: Wieacker Franz , Weir Tony , Zimmermann Reinhard
Published: November 2023

The legal systems of Europe originated in the impact on the vital Romano German societies in the early Middle Ages of the three great forces of order bequeathed to them by late antiquity: the organizational structure of the Western Roman Empire or what remained of it, the Roman Church, and the school of the late ancient period. These were adopted and finally appropriated by the new peoples and tribes in the territory of the late Empire and in Central Europe. All three elements had a lasting influence on European law and the history of private Iaw,1 for after a long process of maturation, marked by many set-backs, the process of adoption gave birth to the legal science of the High Middle Ages. The first element in the legacy of the Roman Empire to the nascent Occident consisted of the bureaucracy and the fiscal and administrative organization of the absolutist central monarchy which emerged out of the troubles of the third century, and whose remnants survived the downfall of the Western Roman Empire in 476. For the immigrant peoples law was just a matter of the way life was lived; only from Rome did they learn that law could be created by the power of the state and constitute an intellectual heritage.
The Causes and Conditions of the Reception of Secular Law in Germany
Authors: Wieacker Franz , Weir Tony , Zimmermann Reinhard
Published: November 2023

The modem history of private law in Germany starts with the Reception proper, that is, when the law of Justinian effectively ousted the existing private law and came to dominate the way in which private law was taught, made, and applied. At first blush the idea that a nation should abandon its own private law in favour of anyone else’s is so surprising, indeed so shocking and repellent, that one has to realize right away that in legal history receptions are nothing exceptional, least of all the Reception of Roman law in Europe.1 The scholarly methods and doctrines of the Glossators and Commentators were adopted by most countries on the continent; even in Italy, where the movement originated, the prior legal system had experienced a similar transformation.
Legislatio,:i in the Age of the Reception
Authors: Wieacker Franz , Weir Tony , Zimmermann Reinhard
Published: November 2023

The fact that local laws were written down during the Reception not only resulted from the diffusion of Roman law but also contributed to it, and the transcription itself testifies not only to a belief that Roman law was already in general force but also to a desire that it should be specifically applied in the future. In terms of their aims, the draftsmen can be seen as standing midway between the Middle Ages when laws were reduced to writing, if at all, in order to confirm and commemorate what had been handed down, and the eighteenth century when the modem legislative state started to codify its law as part of a deliberate innovative plan. Close though the draftsmen were to the pre-reception practice of recording city and local laws, they were engaged, with increasing awareness as time went by, on making new law rather than simply establishing the old. Their intermediate position is clearly expressed in the word ‘Reformation’,1 especially as applied to the renewal of city laws; it was a leading notion as the Middle Ages gave way to modem times.
The Jurists of the Usus Modernus
Authors: Wieacker Franz , Weir Tony , Zimmermann Reinhard
Published: November 2023

German jurists in the seventeenth century busied themselves with the task of making the law practical and useful. That is why there are no great names to match those of France a century earlier or even Holland at that time. In Holland, it is true, there were some professors of repute from Germany (pp. 125 f., 173), but in German universities during this period foreigners seem to predominate. This relative backwardness should not be attributed to any general defect in German culture at the time. Indeed the rapid advance from the end of the seventeenth century shows that German civilization after the Thirty Years War was more receptive and propitious than at any time since the mid-fifteenth century, the catastrophic public events having loosened the stultifying grip of the old class divisions and made room for new intellectual and political forces. These practitioners deserve our respect for the way in which they quietly set about their daily tasks and adjusted themselves in the light of their experiences, but brilliant creative originality was not to be expected, given the religious repression and persecution, the distress of war, and the fact that the territorial units were so small. The contributions made to doctrine by these tireless individuals is not so easy to depict as the master strokes of other ages, but in sum their professional achievement is as praiseworthy as the reconstruction of the physical environment after the War.
The Reception and the Usus modemusa Balance Sheet
Authors: Wieacker Franz , Weir Tony , Zimmermann Reinhard
Published: November 2023

In order to appraise the Reception and the state of German legal scholarship under the ius commune we must refer back to our chosen conception of the Reception (pp. 91 ff., 95 f.). If the essence of the Reception lay more in the ‘intellectualization’ of law than in the adoption of new and ‘foreign’ legal rules, then its major effects must be sought not in modifications to the legal rules themselves but in the shift in the whole approach to law which occurred when graduate jurists took over the formation and application of law. Scholars in the last century perhaps concentrated unduly on the Reception of substantive law, partly because of the interest which historians of private law and its doctrines naturally have in the history of its rules and institutions,1 but partly also because as positivists they believed that law essentially consists of rules and legal doctrines.
The Foundations
Authors: Wieacker Franz , Weir Tony , Zimmermann Reinhard
Published: November 2023

‘The Age of the Law of Reason’ is an appropriate name for the seventeenth and eighteenth centuries. In these two hundred years legal science, legislation, and the practice of law in most of Europe felt the direct impact of natural law, in the form given to that venerable Western philosophy of law and society early in the Enlightenment. Of course in almost every period distinguished for its law jurists have operated against a background of generally recognized theories of society and ethics-the classical age of Roman law had the philosophy of the Academy, the Peripatetic School, and above all the Stoa; the Glossators, canonists and Commentators had the moral philosophy and social doctrines of the medieval church (pp. 206 ff.); the Pandectists in the nineteenth century had Kant’s philosophy of ethical freedoms and duties (pp. 282, 297 f., 315 f.)-but the Age of Reason is peculiar in that the social philosophy of the day, at the very time it was itself breaking free from moral theology, laid claim to being a legal philosophy as well, without any interposition or interpretation by the legal establishment. Positive law thus had to meet the demands made on it by the later moral theologians and then by secular social philosophers.
The Systematizers of the Law of Reason
Authors: Wieacker Franz , Weir Tony , Zimmermann Reinhard
Published: November 2023

The spirit of the Law of Reason had an invigorating effect on the method and system of positive law. This was not, however, a direct result of Grotius’s work, for while it is true that his innovative international law put paid to many individual tenets of moral theology and scholastic philosophy, he did not offer any method of relating his new ethics to traditional disciplines or of putting the principles of the Law of Reason into a strict and coherent system of premisses and conclusions. These two tasks were performed in the second, systematic or ‘mathematical’ phase of the Law of Reason, when it drew upon the natural scientific and epistemological theories of Galileo and Descartes. It was Samuel Pufendorf who put their discoveries to use in legal theory, but he could only do so because of the work of Hobbes and Spinoza, two of the greatest philosophers of the seventeenth century.
The Origins of the Historical School
Authors: Wieacker Franz , Weir Tony , Zimmermann Reinhard
Published: November 2023

Although the natural law codes were the triumph of a legal culture which was both practical and moral, they were less effective than they might have been because courts and lawyers were reluctant to go along with the reformist zeal of the small elite which produced them. They suffered too from the way in which absolutist legislators tended to discountenance legal commentary and to subject judicial interpretation to ministerial commissions (Prussia) or the legislature itself (France). The scholarship of the ius commune had never been less vital and effective than it was during the brief period when the Law of Reason dominated legislation.1 The downfall of Enlightenment natural law in Germany was due to a feeling of oppression and disenfranchisement which led people with a burgeoning civic consciousness and a culture reinvigorated by humanism to attack the mechanical lawmaking of the authoritarian state.
Social Law and the Disintegration of Private Law
Authors: Wieacker Franz , Weir Tony , Zimmermann Reinhard
Published: November 2023

In creating a self-sufficient system of private law imbued with a general theory nineteenth century positivist legal science not only incorporated the methodology of the law of reason but also gave scientific expression and intellectual legitimacy to the relevant attitudes of the bourgeois society of the day (pp. 348 f., 365). Pandectist models of private law and legal theory were extended to other areas of law too, notably criminal law and public law.
The Self-Image of the State
Authors: Green Leslie
Published: November 2023

In the last chapter, we identified some of the special characteristics of authority as a social relation and noticed the way they impose certain constraints on how it might be justified. But our subject is the authority of the state rather than that of the family, school, church, or army. The state shares with these social institutions its character as a de facto authority: like them, it claims and is generally recognized as having the power to alter the commitments of its subjects. Political authority, however, has other special features as well, and these pose further constraints on justification.
The Social Contract
Authors: Green Leslie
Published: November 2023

In the last chapter, we saw that one account of the role of authority in promoting common interests could not be sustained. But the conventionalist view is not the only way of specifying the general idea that authority relations are needed to serve social co-operation, and the appeal and familiarity of that idea in the history of political thought encourages us to look for some other way of rendering the fundamental intuition. The present chapter investigates another alternative: the notion that authority is something that rational people would agree to in order to solve certain problems of collective action associated with the production of beneficial public goods.
Commitment and Community
Authors: Green Leslie
Published: November 2023

To this point, we have rejected two and given qualified acceptance to one of the popular justifications for political authority. Neither the power of government to create conventions serving the common good, nor its capacity to solve certain problems of collective action warrants citizens taking its directives as binding. These are, indeed, among the important functions of government and they do contribute to its value. But they do not justify its authority. To do that we must find principles which recommend regarding the state as a duty-imposer, as having the power to create binding, content-independent reasons to act. The traditional theory of consent succeeds here. But it is equally true that its scope is limited: not many of us have, in fact, consented. It follows then that the state has legitimate authority only over some of its citizens.
Europeans, Fijians, and the Neo-Traditional Order in the Crown Colony System
Authors: Lawson Stephanie
Published: November 2023

Lord Carnarvon’s recommendation that a ‘Crown Colony of a rather severe type’ was the only type of government suitable for the new colony of Fiji had been adopted without reservation. In essence, Crown Colony government meant that the responsibility of government was centred exclusively in the Governor of the colony. The Governor was in turn responsible only to the Crown which meant, in effect, the cabinet in London.1 The prerogative of the Crown was therefore supreme and legislation was by Imperial Order in Council and gubernatorial proclamation.2 The Governor was assisted by an executive council nominated by the Crown, although the members were consulted only at the Governor’s discretion and no responsibility of government devolved on them.3 In most Crown Colonies, Legislative Councils were added to this structure, but again these were nominated bodies and the Governor retained the right to veto legislation.4
Towards Independence: Institutional Change and the Emergence of the Party System
Authors: Lawson Stephanie
Published: November 2023

At the beginning of the 1960s, at a time when the political institutions of the colony, as well as the attitudes of the politically dominant groups, had scarcely changed for a considerable period of time, it would have been impossible to foresee that, just ten years later, Fiji would become an independent nation. Like the idea of common roll, the thought of independence was anathema to the Fijians, many of whom continued to hold strongly to the belief that the British Crown Colony system constituted the only viable defence against the perceived threat of political domination by the Fiji Indians. Influences external to Fiji, however, had been mounting for some time. Colonial powers were coming under increasing pressure, particularly from the United Nations and its special committee on decolonization, to hasten the process of de colonization and Britain, under a Labour government, ‘was making the first moves towards liquidating a no longer viable empire’.1
Political Parties and the Party System in Independent Fiji
Authors: Lawson Stephanie
Published: November 2023

When Fiji became an independent nation in October 1970, the basis of a two-party system of government and opposition had been firmly established. The political and institutional development of the Colony of Fiji had determined that the party system would be demarcated, not on the basis of ideology in terms of labour versus capital, or on reformism versus conservatism, but largely (although not exclusively) on the basis of race. This was despite some attempt by the NFP to present itself as the champion of Fiji’s lower socio-economic classes regardless of race. The Alliance, on the other hand, and Mara in particular, consistently referred to race as ‘a fact of life’ and argued that the means by which the fullest opportunity for political participation and the realization of people’s various aspirations was through continuing recognition of that fact and institutional provision for its expression.1 However much both parties would have liked to project images with appeal across the racial spectrum, they remained the products of and heirs to what Durutalo aptly describes as the colonial racial politics of ‘divide and rule’.2
The Test for Democratic Politics in Fiji
Authors: Lawson Stephanie
Published: November 2023

The party system retained its essentially racially oriented form until the emergence of the Fiji Labour Party in 1985. In that year a combination of social and economic problems, a general perception of growing arrogance on the part of the Alliance, which had imposed a wages, prices, and dividends freeze without reference to the Tripartite Forum,1 and the declining ability of the moribund NFP to challenge or criticize unpopular government policies in any effective way, led to a new groundswell of discontent which found practical expression via the multi-racial Fiji Trade Union Congress (FTUC). This body moved quickly to set up a Labour Party as a new opposition force.2
On the Theoretical Understanding of Human Conduct
Authors: Oakeshott Michael
Published: November 2023

The theme of this essay is human conduct and the engagement to understand it. And I shall begin with a brief account of what I take understanding to be.
Twenty Years of Retrenchment, 1970-1990
Authors: Parnell Martin F
Published: November 2023

The Grand Coalition’s major measures, the Three-Phase Programme, the Coal Adaptation Act, and the creation of the unitary company, the Ruhrkohle AG, were all intended to put West German coal production on a new and sound footing. A consistent continuation of government policy towards the industry was more or less guaranteed by the SPD remaining in power after the 1969 general election and, in particular, by the continuing presence in office of Professor Karl Schiller as Federal Economics Minister. But the prospects for the West German hard-coal industry at the beginning of the new decade could hardly have been less favourable. On the basis of no state support, the ECSC possessed, at best, a viable total output of 100 million tons. More realistically, only 50 million tons could be produced profitably by the British coal industry and none on the Continent. During the period 1956-70, the share of hard coal in West German p.e.c. had declined from 71 per cent to 30 per cent.
Delegated Legislation
Authors: Borthwick R L
Published: November 2023

Delegated or secondary legislation is an inescapable feature of modern States but one which poses considerable problems for parliamentary bodies. The problems of scrutiny and control in this area are arguably even greater than for primary legislation. Part of the problem is volume, part timing, and part the complexity of what is contained in the variety of creatures gathered in the delegated legislation zoo. Some delegated legislation requires a positive decision from Parliament before it becomes operative, that is it needs an affirmative resolution from each House. Some comes into effect unless a negative resolution (a prayer) is passed by either House to annul the proposed legislation.
Private Members’ Bills
Authors: Natzler David , Millar Douglas
Published: November 2023

In this chapter we examine private members’ bills in the House of Lords in the 1988-9 session, both those originally introduced in the Lords and those passed by the Commons and sent to the Lords. Table 6.1 suggests that the session was not entirely typical as regards the number of Commons private members’ bills reaching the Lords. The session seems to have been more or less typical of recent sessions as regards the number, content, and ultimate fate of private members’ bills introduced in the Lords. As Table 6.2 illustrates, the number of such bills introduced has been dropping sharply, and with it the number-although not the proportion-subsequently receiving royal assent. Within this decline, the most significant element is the substantial reduction over the past decade in the number of Lords private members’ bills defeated on second reading in the Lords, withdrawn, or not proceeded with.
International Society and the Study of Regimes A Reflective Approach
Authors: Hurrell Andrew
Published: November 2023

This chapter seeks to place the growth of the undoubtedly US dominated literature on regime theory within the broader tradition of thought on the existence of international society. This tradition was in many ways a distinctively European one whose central expression lay in the emergence of ideas about the role and function of international law. More recently it has come to be associated with the work of such writers as Martin Wight and Hedley Bull. This chapter addresses three questions: First, what does regime theory tell us about co-operation in international life that theories of international society do not? Second, to what extent can ideas about international law and society illuminate some of the weaknesses of regime theory? And third, to what extent, if at all, does this analysis suggest areas for further research?
Party Members in Context
Authors: Whiteley Paul , Seyd Patrick , Richardson Jeremy
Published: November 2023

The Conservative party has been recruiting members for a very long time, and it is often claimed to have had the largest member ship of any such party in a liberal democracy (Von Beyme, 1985; Katz and Mair, 1992). It has been recruiting members since the time of the great Reform Act of 1832, when local Conservative associations first began to be formed. The aim at the time was to mobilize the new middle-class voters and attract their support. Further expansions of the franchise in 1867 and 1883 provided an additional stimulus to the recruitment of Conservative supporters by local associations.
Before the Fall
Authors: Moynihan Daniel Patrick
Published: November 2023

Having remarked how near at hand the events which shaped the twentieth century really are, it is curious how remote the immediately preceding age has become. It seems clear enough that Great Britain entered the First World War with no particular designs on the Ottoman Empire.1 By 1915, however, a kind of imperialist imperative imposed itself. Crazy Lord Kitchener and Company got engaged in a new Great Game of establishing a vast new Afro-Asian British dominion, to be governed either from Simla in the East or, preferably, Khartoum in the West. That the Czar would finally have The Porte seemed clear enough. By 1916 things still were not going well and the French had to be brought in on the deal, as provided by the Sykes-Picot agreement. But by 1917 this whole way of life was beginning to look antique.
The Corporate Benefits of Lobbying: The British Case and its Relevance to the European Community
Authors: Sargent Jane A
Published: November 2023

I would like to discuss lobbying in the European Community from the perspective of business pressure groups’ members namely the companies they exist to represent. We cannot reach a meaningful understanding of the role of interest organizations in the European Community until we understand the pressures exerted on them by their members. We all know that pressure groups do not exist in isolation from their members and that they are not their members’ only channel of representation in EC matters. But what does this mean in practice? What does it mean, for instance, for a trade association official hoping to influence EC policy-making? Conventional wisdom states that in relation to policy-making, trade bodies can deliver only collective goods benefits which apply equally to their members and nonmembers-to those who have championed a cause as well as to those who have not. For this reason, trade associations try to attract members by promising additional selected benefits which are available only to members, for instance preferential insurance policies, legal advice, etc. (see Ch. 7
Working for Benefits: Rational Choice and Work-Welfare Programmes
Authors: King Desmond , Ward Hugh
Published: November 2023

The last decade has witnessed a shift to ‘work-welfare’ programmes in a number of advanced industrial democracies, notably the United States and Britain, though they are not the only practitioners. Under these programmes the recipients of welfare or unemployment benefits are required to undertake a work or training activity. It is a condition of receipt of the benefit that this exchange be agreed and the activity discharged. These programmes are not identical across countries but their aims are similar. In specification such programmes can reflect a policy either of deterrence (the purpose being to extract an exchange from the recipient to deter his or her application for benefits) or assistance (the purpose being to assist the recipient to acquire skills or competences necessary to enter the labour-market). Examples of the former are found in several US states under the Community Work Experience Program; the latter is exemplified by Swedish policies.1 Such programmes reflect the integration of employment and welfare policy during the last decade. Our interest is with the former sort.