bluuebunny/crossref_metadata_2025 huggingface dataset:
Constructivism and the Politics of International Law
Authors: dos Reis Filipe , Kessler Oliver
Published: November 2016

This chapter argues that the ‘moderate’ and ‘radical’ versions of constructivism differ in their very understanding of the politics of international law and thus the way they connect to international legal theory (ILT). The moderate version is formed as an attempt to marry sociological institutionalism with (what this version perceives to be) critical theory. The research of moderate constructivists is driven by a functionalist understanding of international law, in which law helps to secure normative progress. This leads moderate constructivists to make visible the force of law through states’ compliance and, subsequently, the politics of law involved in their reasons for doing/not-doing so. By taking compliance as its central problématique, this literature often refers to liberal writers in ILT and shares with them a functional understanding of law.
Moral Philosophy and International Law
Authors: Besson Samantha
Published: November 2016

This chapter offers a critical discussion of the origins, aims, and main contributions of moral philosophies of international law. Then, in moving beyond mere exposition, the chapter turns to a meta-theoretical discussion of international law, and in particular to how international legal theory should best be conceived and conducted. The chapter argues for the development of normative legal philosophies of international law that take the normativity of law and hence its legality more seriously than international legal theorists have so far, but also than moral philosophers of international law have themselves, thus breaking away from the sterile oppositions between ‘realist’ and so-called ‘moralist’ approaches to international law.
Yale’s Policy Science and International Law
Authors: Saberi Hengameh
Published: November 2016

This chapter challenges the conventional narrative about the career of the New Haven School (NHS) by arguing that the mainstream discipline’s rejection of the policy-oriented methodology was not a rejection of policy thinking as such, but rather an opposition to the conceptualism and formulaic determinism of New Haven’s jurisprudence resulting from a peculiar combination of a contextualist methodology and a non-cognitive view of normative values of human dignity. Rather than between law and policy, the tension was between two different perceptions of flexibility and rigidity. This tension resulted from the NHS’s dogmatic and erroneous presentation of what they dubbed ‘traditional’ and ‘rule-oriented’ approaches as formalist and the mainstream discipline’s more accurate understanding of the policy-oriented international law as a new mode of formalism.
Liberal Internationalism
Authors: Joyce Daniel
Published: November 2016

This chapter aims to evaluate the significance of liberal internationalism, but also to consider the ways in which it has become over-familiar, and to explore whether making it strange again might offer some form of renewal of its critical and normative possibilities. It considers the significance of liberal internationalism as an idea and frame through which to evaluate international law, revisits a series of key events that have shaped the development of liberal internationalism and critical responses to it, and finally, engages with and expands upon contemporary efforts at reappraisal and renewal. By framing the story of liberal internationalism through key debates and events, it is hoped that a balanced account of both the strengths and limits of liberal internationalism emerges.
Something to do with States
Authors: Simpson Gerry
Published: November 2016

This chapter suggests that the law of sovereignty and statehood tends to be practiced, organized, and theorized around two sets of argument (and a sleight of hand), and that this tendency has produced certain effects on the distribution of political resources in global politics. The first argument is structured around the material and immaterial qualities of statehood, as it maintains that the ‘infinite transition’ discussed by Peter Fitzpatrick is produced partly by the elasticity of the doctrinal ground and partly by the remarkable stability of a very particular and idealized sovereign subject. The second argument rests on an idiom of fragmentation and unity, by juxtaposing an apparent golden age of post-Charter state sovereignty with both a decentralized nineteenth-century sovereignty, and a more protean, early twenty-first century sovereignty. Finally, the ‘sleight of hand’ operates around the relationship between routine statehood and sui generis sovereignty.
International Criminal Law
Authors: Nouwen Sarah M. H.
Published: November 2016

This chapter discusses the different theories employed in the field of international criminal law, which is now increasingly supported by theory. Case theories were developed after events had taken place; operational theories were produced to match complex facts; foundational theories were created to justify existing practices; external theories tried to make sense of the phenomenon of international criminal law as it had been observed; and so did the popular theories based on everyday encounters. Ago, rather than cogito, ergo sum was the field’s implicit maxim. Against this background one still finds that factual, operational, foundational, external theories prove to be less coherent when they are considered in light of each other. Rich theories could thus emerge from more joint theorizing among those working on variably factual, operational, foundational, and external theories, between scholars and practitioners, and between scholar-theorists and quotidian theorists.
Theorizing Responsibility
Authors: Korhonen Outi , Selkälä Toni
Published: November 2016

This chapter divides responsibility under international law into three theoretical interpretants. The first is the hard core of responsibility doctrine, namely the doctrine of state responsibility, a main topic of the United Nations International Law Commission (ILC) since its early establishment. The second interpretant springs from the rise of human rights law discourse in the international arena since the 1960s and 1970s: the never-quite-solidified semi-doctrine of humanitarian intervention that has warped into the (non-)doctrine of the responsibility to protect (R2P) — which has always been the most politically powerful or, at least, the most prominently debated among international legal responsibility concepts. The third sort of international legal responsibility is a catch-all category for the remainder of the duties that imply responsibility and beyond—the response-ability of international law—a category that most obviously transcends, challenges, and pierces openings in the dogmatic and managerial conceptions of law and its responsibility.
Economics and International Climate Change Law
Authors: Ghaleigh Navraj Singh
Published: November 2016

This chapter presents an economic analysis of climate change and international climate change law. From an economic perspective, the environment becomes a scarce resource which must be allocated between competing ends. The economics of climate change draws mainly on the two foundational insights of economics. The first is that the free exchange of goods tends to move resources to their highest valued use, in which case the allocation of resources is said to be ‘Pareto-efficient’. The second is that economic agents respond to incentives. Economic agents are rational utility maximizers, meaning that they will undertake those actions which raise their level of utility. The chapter examines economist Ronald Coase’s article The Problem of Social Cost, which deals with externalities, the cost or benefit that affects a party who did not choose to incur that cost or benefit, and applies it to pollution and emissions trading.
The United Nations Framework Convention on Climate Change—The Basis for the Climate Change Regime
Authors: Freestone David
Published: November 2016

This chapter delves deeper into the development and structural organization of the United Nations Framework Convention on Climate Change (UNFCCC), which forms the basis of the climate change regime. As a framework, the Convention urges action to preserve human safety where risks are high even in the face of scientific uncertainty. Its overarching aim, however, is not to reverse the greenhouse effect but rather, to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. The Convention establishes a number of institutions to further its work: a Conference of the Parties (COP) that makes decisions necessary to promote the effective implementation of the Convention, a Permanent Secretariat, and two subsidiary bodies: the Subsidiary Body for Scientific and Technological Advice (SBSTA) and the Subsidiary Body for Implementation (SBI).
Principles and Emerging Norms in International Law
Authors: Redgwell Catherine
Published: November 2016

This chapter considers the climate change regime in the context of intra- and inter-generational equity. The principle of inter-generational equity defines the rights and obligations of present and future generations with respect to the use and enjoyment of natural and cultural resources, inherited by the present generation and to be passed on to future generations in no worse condition than received. In this context, climate change regime accommodates the interests of future generations in a balancing of interests, thereby falling into the field of the two principles. The chapter describes how Article 3 of the United Nations Framework Convention on Climate Change (UNFCCC) may be viewed as supporting the legitimate expectation of future generations of equitable access to planetary resources, and the concomitant obligation of the present generation as trustee of these resources to ensure that future options are not unduly constrained.
Human Rights Principles and Climate Change
Authors: Knox John H.
Published: November 2016

This chapter examines the application of international human rights law to climate change. Specifically, it looks at whether climate change interferes with the enjoyment of human rights recognized in international law, and how human rights law requires states to protect human rights from such interference. Human rights law imposes procedural and substantive obligations upon states with respect to environmental threats to human rights. States have obligations to ensure that decisions with possible environmental effects are made through a process that provides for examination and dissemination of information about those effects, full and informed participation by those potentially affected, and effective legal remedies. However, there are obstacles to the application of human rights principles to climate change. The chapter describes some of these challenges, such as the difficulty of tracing clear causal links between anthropogenic contributions to climate change and the effects of climate change on the enjoyment of human rights.
National Measures and WTO Consistency—Border Measures and other Instruments to Prevent Carbon Leakage and Level the Carbon Playing Field
Authors: Sindico Francesco
Published: November 2016

This chapter analyses the consistency of the measures used by the states and the World Trade Organization (WTO) in facing carbon leakage. As a response to the wave of migration of private CO2 emitters to developing states with lax emission reduction measures, numerous developing states passed measures such as border tax adjustments (BTAs), border adjustment measures linked to the existence of an emissions trading scheme, climate change-related technical regulations, and green energy domestic support policies such as feed-in tariffs. The chapter also discusses the reasons for national climate measures that potentially end in conflict with WTO rules. In this context, the chapter discusses how these measures are motivated by carbon leakage, loss of competitiveness and energy security concerns, or a combination of all three.
Institutions and Expertise
Authors: Meyer Timothy
Published: November 2016

This chapter examines how international legal institutions foster cooperation in the presence of scientific uncertainty, especially in the area of international climate change law. It analyses the theory of epistemic institutions and applies it to the primary international scientific organization working on climate change issues, the Intergovernmental Panel on Climate Change (IPCC). The IPCC’s assessment reports play a major role in setting the terms of the public debate about climate change negotiations that takes place within the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). Although independent of the UNFCCC, the IPCC’s work product is thus a key input into the UNFCCC’s efforts to negotiate international climate change rules. However, the IPCC’s credibility has been called into question due to a relative lack of participation by scientists from developing countries in the assessment process.
Russian Law on Climate Change
Authors: Korppoo Anna , Gutbrod Max , Sitnikov Sergey
Published: November 2016

This chapter outlines Russian legislation relevant to climate change. Russia ratified the Kyoto Protocol in 2004. The main legal elements of institutional compliance under the Protocol included requirements to submit annual greenhouse gas (GHG) inventories, following the Intergovernmental Panel on Climate Change (IPCC) guidelines, and to establish a registry to keep track of domestic emissions and implementation of the Kyoto mechanisms. The Federal Service of Russia for Hydrometeorology and Environmental Monitoring (Roshydromet), together with the Institute of Global Climate and Ecology, were designated as the entities responsible for developing Russia’s GHG inventory. Russia’s compliance was driven by its opportunity to participate in the Kyoto mechanisms. These flexibility mechanisms—Joint Implementation (JI) and International Emissions Trading—allow industrial countries to trade emission allowances in order to direct climate mitigation investments into the most cost-effective measures available.
A prospective, multicentre, single-arm clinical trial of bevacizumab for patients with surgically untreatable, symptomatic brain radiation necrosis†
Authors: Furuse Motomasa , Nonoguchi Naosuke , Kuroiwa Toshihiko , Miyamoto Susumu , Arakawa Yoshiki , Shinoda Jun , Miwa Kazuhiro , Iuchi Toshihiko , Tsuboi Koji , Houkin Kiyohiro , Terasaka Shunsuke , Tabei Yusuke , Nakamura Hideo , Nagane Motoo , Sugiyama Kazuhiko , Terasaki Mizuhiko , Abe Tatsuya , Narita Yoshitaka , Saito Nobuhito , Mukasa Akitake , Ogasawara Kuniaki , Beppu Takaaki , Kumabe Toshihiro , Nariai Tadashi , Tsuyuguchi Naohiro , Nakatani Eiji , Kurisu Shoko , Nakagawa Yoko , Miyatake Shin-Ichi
Published: November 2016

Background

Brain radiation necrosis (BRN) can be a complication of radiotherapy for primary and secondary brain tumors, as well as head and neck tumors. Since vascular endothelial growth factor (VEGF) is also a vascular permeability factor in the brain, bevacizumab, a humanized antibody that inhibits VEGF, would be expected to reduce perilesional edema that often accompanies BRN.

Methods

Patients with surgically untreatable, symptomatic BRN refractory to conventional medical treatments (eg, corticosteroid, anticoagulants, or hyperbaric oxygen therapy) were enrolled. We judged that a major cause of perilesional edema with a lesion-to-normal brain ratio ≤1.8 on 11C-methionine or ≤2.5 on 18F-boronophenylalanine PET was BRN, not tumor recurrence, and 6 cycles of biweekly bevacizumab (5 mg/kg) were administered. The primary endpoint was a ≥30% reduction from the patients' registration for perilesional edema continuing for ≥1 month.

Results

Of the 41 patients enrolled, 38 were fully eligible for the response assessment. The primary endpoint was achieved in 30 of the 38 (78.9%) patients at 3.0 months (median) after enrollment. Sixteen patients (42.1%) experienced improvement of their Karnofsy Performance Score. Corticosteroid use could be reduced in 29 patients (76.3%). Adverse events at grade ≥3 occurred in 10 patients (24.4%).

Conclusions

Bevacizumab treatment offers certain clinical benefits for patients with surgically untreatable, symptomatic BRN. The determination of BRN using amino-acid PET, not biopsy, is adequate and less invasive for determining eligibility to receive bevacizumab.
Knowledge of Human Immunodeficiency Virus Status and Seropositivity After a Recently Negative Test in Malawi
Authors: Pathmanathan Ishani , Lederer Philip , Shiraishi Ray W. , Wadonda-Kabondo Nellie , Date Anand , Matatiyo Blackson , Dokubo E. Kainne
Published: November 2016

Background

Awareness of human immunodeficiency virus (HIV) status among all people with HIV is critical for epidemic control. We aimed to assess accurate knowledge of HIV status, defined as concordance with serosurvey test results from the 2010 Malawi Demographic Health Survey (MDHS), and to identify risk factors for seropositivity among adults (aged 15–49) reporting a most recently negative test within 12 months.

Methods

Data were analyzed from the 2010 MDHS. A logistic regression model was constructed to determine factors independently associated with HIV seropositivity after a recently negative test. All analyses controlled for the survey’s complex design.

Results

A total of 11 649 adults tested for HIV during this MDHS reported ever being sexually active. Among these, HIV seroprevalence was 12.0%, but only 61.7% had accurate knowledge of their status. Forty percent (40.3%; 95% confidence interval [CI], 36.8–43.8) of seropositive respondents reported a most recently negative test. Of those reporting that this negative test was within 12 months (n = 3630), seroprevalence was 7.2% for women (95% CI, 5.7–9.2), 5.2% for men (95% CI, 3.9–6.9), higher in the South, and higher in rural areas for men. Women with higher education and men in the richest quintile were at higher risk. More than 1 lifetime union was significantly associated with recent HIV infection, whereas never being married was significantly protective.

Conclusions

Self-reported HIV status based on prior test results can underestimate seroprevalence. These results highlight the need for posttest risk assessment and support for people who test negative for HIV and repeat testing in people at high risk for HIV infection.
Estimating the Time to Diagnosis and the Chance of Spontaneous Clearance During Acute Hepatitis C in Human Immunodeficiency Virus-Infected Individuals
Authors: Ragonnet Romain , Deuffic-Burban Sylvie , Boesecke Christoph , Guiguet Marguerite , Lacombe Karine , Guedj Jeremie , Rockstroh Jürgen K. , Yazdanpanah Yazdan
Published: November 2016

Background

Hepatitis C virus (HCV) infection is often asymptomatic, and the date of infection is almost impossible to determine. Furthermore, spontaneous clearance (SC) may occur, but little is known about its time of occurrence.

Methods

Data on human immunodeficiency virus (HIV)-HCV coinfected individuals were used to inform a stochastic simulation model of HCV viral load kinetics, alanine aminotransferase (ALT), and HCV antibodies during acute hepatitis C. The dates of diagnosis and potential SC were estimated through a Bayesian approach. Hepatitis C virus diagnosis was assumed to be based on an elevated ALT level detected during a control visit for HIV-infected individuals, which occurred every 3 months (scenario A) or every 6 months (scenario B).

Results

We found that HCV diagnosis occurred after a median of 115 days and 170 days of infection in scenarios A and B, respectively. Among spontaneous clearers, SC occurred after a median time of 184 days after infection. Seven percent (scenario B) to 10% (scenario A) of SCs appeared more than 6 months after diagnosis, and 3% (both scenarios) of SCs appeared more than 1 year after diagnosis.

Conclusions

Acute hepatitis C diagnosis occurs late in HIV-HCV coinfected individuals. Screening for HCV in HIV-infected individuals should be performed frequently to reduce delays. Our findings about late occurrence of SC support “wait and see” strategies for treatment initiation from an individual basis. However, early treatment initiation may reduce HCV transmission.
Latino and Asian Immigrant Adult Health
Authors: Alcántara Carmen , Estevez Cindy D. , Alegría Margarita
Published: November 2016

Over 81% of US immigrants were born in a Latin American, Caribbean, or Asian country. The “immigrant paradox” is the long-standing observation in medical and social science research that immigrants exhibit better health profiles than US natives, despite their disproportionate concentration in low socioeconomic status positions. While the empirical evidence suggests that immigrant health advantages deteriorate with greater duration of US residence and across subsequent generations, the role of acculturation within the immigrant paradox is unclear. Herein, we summarize the contemporary health literature on Latino and Asian US immigrant adults (the two largest US immigrant subpopulations), review explanations for the immigrant paradox (psychosocial and behavioral, sociological, and methodological explanations), and discuss important trends and implications for health promotion and disease prevention. Systematic research to identify determinants of US immigrant health, including their sociodemographic and life-course modifiers, may help uncover promising intervention targets for health promotion and positive adaptation.
What Is Shakespearean Tragedy?
Authors: Kottman Paul A.
Published: November 2016

Shakespearean tragedy works through the loss of any ‘given’—nature, or God, or ‘fate—that might explain human societies, histories, actions, destinies, relationships, and values. Shakespeare challenges us to understand tragedies not as responding to existential facts (desire, or mortality) or historical situations (Henry V’s invasion of France, or the fate of the Roman republic), but as responding to the fact that there are no givens that fully govern our activities. At the same time, Shakespearean tragedy works through the loss of social bonds on which we depend for the meaning and worth of our lives together—showing those bonds to be, in spite of that dependence, fully dissolvable. In this way, Shakespearean tragedy helps us make sense of how we interact with one another—without the help of any Archimedean standpoint, with only the interactions themselves as sources of intelligibility and meaning. In Shakespearean tragedy, our actions (must) explain themselves.
Digital Approaches to the Language of Shakespearean Tragedy
Authors: Witmore Michael , Hope Jonathan , Gleicher Michael
Published: November 2016

We are living through a revolution in our ability to study Early Modern literature and culture: EEBO‒TCP offers the possibility of searching something close to the entire corpus of surviving Early Modern printed books. Such access enables us to consider questions involving larger numbers of documents than have hitherto been the norm. However, investigating at scale requires different approaches to scholarship: it is not practical to close-read tens of thousands of texts. To make the most of these new resources, we must integrate traditional literary scholarship with new approaches. This chapter gives an example of such a combined approach. We consider the language of 554 printed plays from the Early Modern period. We explore two research questions: (a) is there a distinct ‘language of tragedy’? (b) is there a distinctively Shakespearean language of tragedy? We aim to show how computational and traditional literary techniques can be combined to answer these questions.
‘Romaine Tragedie’
Authors: Neill Michael
Published: November 2016

In Titus Andronicus Shakespeare and his collaborator Peele contributed to the early modern reinvention of tragedy—a genre that had effectively ceased to exist for more than a thousand years. The play’s designation as a ‘Romaine Tragedy’ announces its self-conscious engagement with classical models—an effect rendered theatrically immediate by the identification of the audience with the citizenry of Rome; but this engagement is of a conflicted kind: the presentation of Rome as a familiar model of civilization is undercut by what the play shows about the ferociously patriarchal values epitomized in the demands of ‘piety’ (pietas). The play sets up oppositions between civilization and barbarism, Roman and Goth, city and wilderness, eloquence and violence, monumental tomb and blood-drinking pit, which it then progressively collapses. Flattering its audience with the idea of England as a new Rome, Shakespeare also reminds them of the need to make Rome new—and therefore, perhaps, to take tragedy itself in new directions.
Julius Caesar
Authors: Bartels Emily C.
Published: November 2016

Revisiting the relation between Shakespeare’s Julius Caesar and its primary classical source, North’s translation of Plutarch, this essay argues that the play rejects the clarifying master narratives that readers expect such sources to provide and addresses how history, rather than what history, is made. The play presents historical motivations, actions, and outcomes as disorganized, disjointed, and short-sighted, and human agency as fractured by inevitable contingencies.
O horror! horror! horror!
Authors: Power Andrew J.
Published: November 2016

This chapter examines some of the cultural and literary influences that helped to shape Shakespeare’s play, looking at several of the ways that he uses intertexts to help generate a horrific atmosphere. It then looks at influences that Macbeth has had on the Gothic genre before finally considering how some recent stage directors have attempted to re-imagine the horror of the play for modern audiences. Through this detailed examination of the play’s sources, and of its adaptations and modern productions, we can begin to understand how a potent sense of horror is generated in Macbeth and how that horror is regenerated for succeeding generations of the play’s audiences.
Antony and Cleopatra
Authors: Klein Bernhard
Published: November 2016

This chapter surveys a range of key topics in Antony and Cleopatra, including space, rhetoric, love, politics, ethnicity and gender. It considers the dichotomy between Egypt and Rome, the contrast between linguistic hyperbole and onstage action, and the variety of source materials available to Shakespeare. The central characters are introduced as both historical agents and fictional creations. The chapter finally suggests the importance of the sea in the play’s spatial and political imaginary.
Early Modern Tragedy and Performance
Authors: Stern Tiffany
Published: November 2016

When early modern plays were staged with black curtains, ‘tragedy’ began the moment the audience entered a playhouse. ‘Tragedy’, then, did not always need to be part of a play’s content: it could be a look, an atmosphere, a theatrical mood. This chapter explores ‘tragedy’ as a kind of performance as well as a kind of drama. Considering ‘tragic’ staging, ‘tragic’ ways of walking (‘strutting’, ‘jetting’, and ‘stalking’), ‘tragic’ ways of speaking (‘ranting’ and ‘canting’ in a tragic ‘tone’ or ‘key’), and the presentation of tragic passions, the chapter argues that Shakespeare’s consciousness of staging dictates his choice of metaphor and symbol. Enacted tragedy, it suggests, helped form Shakespeare’s tragic sensibility.
Staging Shakespearean Tragedy
Authors: Jackson Russell
Published: November 2016

Drawing on contemporary reviews, promptbooks and other sources, this essay discusses the interplay between originality and tradition in the performance of the leading roles, and the ways in which passionate speech and behaviour were executed in line with prevailing definitions of what was deemed appropriate to ‘heroic’ status. Appeals to the example of notable players from the early 1800s—notably John Philip Kemble and Sarah Siddons—persisted in critical response until well into the middle of the nineteenth century, while innovations in the treatment of particular scenes and situations were consistently framed in terms of received wisdom regarding the plays themselves, as well as in response to divergent male and female sensibilities and, in the case of Othello, evolving ideas of 'race'.
Hamlet
Authors: Lanier Douglas M.
Published: November 2016

Film adaptations of Hamlet have tended to fall into two broad categories, psychological character studies of Hamlet that emphasize Oedipal dynamics, and political readings that portray the prince as a rebellious crusader against various forms of systemic sociopolitical corruption. Of the former group, Laurence Olivier’s 1947 Hamlet has been particularly influential, casting a long shadow across film versions by John Gielgud (1964), Tony Richardson (1969), and Franco Zeffirelli (1990). Notable examples of political screen adaptations include the versions by Akira Kurosawa (The Bad Sleep Well, 1960), Gyorgi Kozintsev (1964), Kenneth Branagh (1996), and Michael Almereyda (2000). This article surveys the history and characteristics of these two styles of adapting Hamlet to the screen, focusing on how specific films have reshaped Shakespeare’s play to respond to specific historical and cultural contexts, to the demands of film as a medium, and to previous film adaptations of the tragedy.
Intermediated Bodies and Bodies of Media
Authors: Iyengar Sujata
Published: November 2016

This essay argues that, when screen media such as television, film, and digital video appropriate and remediate Othello, they do so through intermediality: the simultaneous and self-conscious communication of information and experiences through multiple material and sensory modes. Using Dmitri Buchowetski’s silent version, Orson Welles’s feature film, Geoffrey Sax’s British movie, and Zaib Shaikh’s television films, Ready Set Go Theatre’s web-series, and the National Theatre Live streamed performances as case-histories, the chapter investigates ‘race’ itself as a communicative medium. It concludes that screens ‘screen’ Othello in two senses: they magnify suffering, breathing, human bodies in front of us even as they shelter us from the lived truth of race in the world.
The Roman Plays on Screen
Authors: Hatchuel Sarah , Vienne-Guerin Nathalie
Published: November 2016

Screen adaptations of the Roman plays have given rise to two narrative groupings: Coriolanus and Titus, which have been adapted as individual Shakespearean texts; and Julius Caesar and Antony and Cleopatra, which have been serialized or conflated, giving the impression that the two plays cannot stand as autonomous works. This conflation of Julius Caesar and Antony and Cleopatra may stem from a desire for a restoration (or celebration) of national identity through the appropriation of Roman imagery and cycles of epic history. By contrast, Titus and Coriolanus rewrite less conspicuous landmarks of Roman history, giving directors more freedom to set the plays in different places and times and to introduce imagery that unmoors the stories from their Roman contexts.
The Romantic Inheritance
Authors: Pechter Edward
Published: November 2016

The romantics invested heavily in Shakespeare’s tragedies but less in Shakespearean tragedy, which belonged to the old dispensation: conventional rules fulfilling generic expectations. If Shakespeare’s ‘different genus’ demanded a ‘new word’, Coleridge’s candidate, ‘romantic Poetry’, was, like Schlegel’s ‘romantische Poesie’, disconnected from any established determinate kind. The romantics were sceptical about ethical norms no less than about aesthetic ones—hence their special attraction to Hamlet, whose protagonist, faced with exhausted traditions, had to find new ways of being in the world. Hence also their emphasis on individualized subjectivity. In Hegel, ‘the greatness of the characters’ central to Shakespeare and modernity supplants the objective structure of ‘world-governing’ authority on which Greek tragedy was based. But the romantics do more than swap one topic for another. In their most durable legacy, they shift from thematic content to interpretive experience, from textual and theatrical objects to the efforts required of subjects to engage them.
Shakespeare’s Tragedies on the Operatic Stage
Authors: Germano William
Published: November 2016

Shakespeare has inspired almost four hundred operas, among which many are based on the tragedies. Best known are those works, composed from the beginning of the nineteenth century on, by Rossini (Otello), Gounod (Roméo et Juliette), Thomas (Hamlet), and Verdi (Macbeth, Otello), which together placed Shakespearean tragedy squarely on the operatic stage. But the history of operatic (as well as other musical-dramatic) adaptations of Shakespeare stretches from the seventeenth century to the present day, tracing a complex history of musical and theatrical responses to the tragedies, a history that enriches and complicates our sense of what it means to create music-drama.
Shakespeare’s Tragedies in Southern Africa
Authors: Gordon Colette , Roux Daniel , Schalkwyk David
Published: November 2016

This chapter discusses the place of Shakespeare’s tragedies in apartheid and post-apartheid South Africa. It begins with the imposition of apartheid in 1948 and Afrikaans Shakespeare; it goes on to look at Sol Plaatje’s Setswana translations of Shakespeare; and then considers rhetorical and allegorical treatments of Shakespearean tragedy in relation to Robben Island, Nelson Mandela, and Thabo Mbeki. This is followed by an account of the reception, in South Africa and abroad, of three landmark South African productions in the twentieth century: Janet Suzman’s Othello, Gregory Doran’s Titus Andronicus, and Welcome Msomi’s Umabatha. It concludes with a brief discussion of the representation of Africa in the Globe-to-Globe 2012 festival at Shakespeare’s Globe in London.
In Blood Stepped in
Authors: Oz Avraham
Published: November 2016

In their modern Hebrew stage versions, which developed in the twentieth century while Jewish nationhood was striving to materialize territorially and culturally, productions of Shakespeare’s tragedies were often measured by their relevance to the current political circumstances. Thus in Romeo and Juliet, whose core of romantic betrothal may still reflect the concerns and demands of the wider community, the lovers' failure to establish a new mode of familial allegiance, may correspond to the potential tragedy of the impossible Zionist attempt to realize autonomous nationhood without paying the price of establishing a colonialist enterprise—one that deprives a rival ethnic group from achieving its own self-determination. By the same token Fortinbras may ignite the debate between the victim’s vulnerability and the aggressor’s violence. This chapter traces the alternation in modern Hebrew Shakespeare between political and purely aesthetic treatment of the tragedies.
Shakespeare’s Tragedies in North Africa and the Arab World
Authors: Amine Khalid
Published: November 2016

Shakespeare was introduced into the Arab world in the first half of the nineteenth century, a period characterized both by Arab retreat from the international scene and by Western colonial desire in the Middle East. In the earliest productions the aura of Shakespeare’s canon was preserved and represented as a mythical space. But the second stage, from the early 1960s up to the present, has been characterized by postcolonial disavowal and revisions of power relationships through the practice of a ‘double critique’.
Shakespearean Tragedy and the Language of Lament
Authors: Magnusson Lynne
Published: November 2016

This chapter identifies the passionate lament as one of the characteristic speech genres of tragedy. It suggests that Shakespeare’s exploratory engagement with the rhetoric of grief is as important as his interest in the soliloquy, the speech genre more usually cast as the typifying linguistic innovation of his tragedies. Five aspects of this rhetoric of grief are addressed in turn by means of examples drawn from Titus Andronicus, Richard III, Hamlet, and the Quarto Lear: that is, (1) the lament as grandiloquent set speech developing conventions from Seneca and Elizabethan dramatic tradition, (2) as occasion for copious variation and oratorical persuasion developing the educational capital of grammar-school rhetorical training, (3) as dialogic interaction exploring a potentially transformative pragmatics of pity or sympathetic identification, (4) as imitated passion of classical predecessors creating effects of individuated subjectivity, and (5) as transaction with the theatre audience.
Magistrates who Made and Applied the Law
Authors: Vervaet Frederik
Published: November 2016

During most of the Roman Republican era—traditionally dated from 509 to 27 BC—the magistrates of the people and the plebs demonstrably played an essential role in both the production and the application of Roman law, especially in terms of statute laws and edicts. Although the senate had a tremendous voice, no legislation would have been possible without the proactive involvement of a series of key magistrates of people and plebs. When it comes to the application of the law under the Roman Republic, there was much scope for the so-called minor magistracies, whose involvement in the routine application of the law was probably disproportionate to their attestation in the sources. Importantly, this survey of magistrates who made and applied the law in the Roman Republic never loses sight of the overall socio-institutional background and key historical developments and changes.
Roman Courts and Private Arbitration
Authors: Bablitz Leanne
Published: November 2016

This chapter examines the various methods by which Roman citizens could resolve their disputes both inside and outside of the courts of law. An effort is made to consider the “average” disputant. Only two jurisdictions, the city of Rome and municipia in Italy, are studied in detail. The discussion progresses through mediation, arbitration and adjudication. In addition, attention is given to the impact various factors such as geography, wealth, publicity and privacy might have on the method ultimately selected by the disputants. Methods by which the system could be abused, such as through vexatious litigation, are briefly considered. A brief appendix discusses the use of the terms iudex and arbiter.
Framing “Law and Society” in the Roman World
Authors: Pölönen Janne
Published: November 2016

Common interests in Roman law have brought Romanists and historians to a close and invaluable dialogue. Whether it is understanding law in a social context or society in light of law, historians without legal training tend to have different expectations about the role played by the law in society than lawyers, and not without controversy. This chapter explores lawyers’ and historians’ approaches to Roman law, and their underlying law and society assumptions, against the background of legal science and sociology of law traditions. It suggests that contemporary socio-legal scholarship, in dialogue with legal science, provides a sound theoretical and methodological framework for the study of law and society in Roman world.
Imperial Cognitio Process
Authors: Rüfner Thomas
Published: November 2016

Legal historians use the term cognitio process with reference to innovations introduced in the Roman system of court procedure during the Imperial epoch. In civil procedure, these innovations concerned the institution of proceedings, the trial procedure, the methods of forced execution, and the appellate review of judgements. The new mechanisms developed gradually and independently of each other. It took several hundred years, until a new and coherent system of civil procedure had formed and taken the place of the old formulary procedure. It is clear that the emergence of the cognitio process is linked to the constitutional changes in the Roman Empire and that some of the new rules enhanced the emperor’s control over the court system. At the same time, some changes in the procedural system tended to make civil justice in the Empire more effective and more accessible for litigants who were not members of the elites.
Evidence and Argument
Authors: Meyer Elizabeth A.
Published: November 2016

The human qualities, types of arguments, and the varieties of evidence that brought victory in a Roman courtroom are the subject of long controversy. The argument offered here is that evidence was subordinated to argument in Roman legal practice and the common thread tying arguments in various types of cases together was personal prestige of a particularly Roman sort—auctoritas, dignitas, gravitas—ideally possessed by litigants, advocates, witnesses, and supporting onlookers. But inert prestige was ineffectual: prestige carried with it expectations of behaviour, and its possessors were required to activate its power by appropriate behaviour in court, which confirmed the truthfulness of what they said, and at the same time strictly avoid inappropriate behaviour, which lessened or obliterated the power of their prestige.
Crimes against the State
Authors: Williamson Callie
Published: November 2016

During most of the Republic, the Romans viewed only perduellio as a threat to state security. Other threats were dealt with through institutionalised mechanisms of stability in Rome’s political structure, above all through the public lawmaking assemblies. Only when the political system wavered in the late Republic did the Romans criminalise “diminishing the superiority of the Roman people” maiestas populi Romani minuta (maiestas) as a crime against the state. Inherent in maiestas is the authority of the Roman people to negotiate consensus through the public lawmaking process in which the people voiced their commands. During the Empire, the emperor embodied the superiority of the Roman people and through him, as the chief lawmaker of Rome, were channelled the commands of the people. The scope of maiestas was altered to adapt to changing ideas of the state, but the idea that maiestas constituted the chief crime against the state persisted.
Legally Marginalised Groups—The Empire
Authors: Knapp Robert
Published: November 2016

Until the mass citizenship grant of 212 CE, Roman law served Roman citizens almost exclusively. However, since the non-Romans’ legal systems generally sufficed, this marginalised status regarding Roman law was generally of little importance. Within the Roman citizen body, the Roman legal system marginalised many because of its expense and preferential treatment of the wealthy. In addition the culture, but not the legal system, through infamia marginalised some for what they did and the kind of person they were. While marginalised in modern eyes, Roman law treated women, freedmen, children and slaves as important participants in a wide range of societal functions, giving them specific abilities as well as disabilities. The most severe legal marginalisation occurred as the laws systematically and increasingly marginalised the humble citizens (humiliores) and evermore favoured the elite (honestiores). The system also treated outlaws, magicians, some cults and, later, Christians as outside the law’s Pale.
Slavery
Authors: Gamauf Richard
Published: November 2016

In Roman law slaves were chattels and persons at the same time. As persons, they were incapable of holding any rights. But this deficit led to their use as business agents because they could obtain rights for their masters, whereas free persons under classical Roman law could not. While the law tried to hold up the fiction that all slaves were the complete subjects of their masters and that no legal distinctions existed among slaves in this regard, their social positions, as reflected in the legal sources, differed widely. Since Roman jurists were confronted with almost all aspects of slavery, their writings show social differentiations between various types of slaves as far as these caused adjustments of their legal treatment. But at the same time the legal sources also document when, for the sake of the master’s interest or the public’s, social differences between slaves were levelled out.
Women and Patriarchy in Roman Law
Authors: Cantarella Eva
Published: November 2016

During the centuries between the date of the mythical founding of Rome and the first decades of the sixth century AD when Justinian’s Corpus Iuris Civilis was enacted, the legal condition of women underwent substantial transformation. To understand this process it is necessary to recall that during the first centuries of its history Rome was a patriarchal society, where onlypatres familiasenjoyed full civil and political rights. Other members of the family enjoyed only certain rights, and some did not enjoy any at all. Over the centuries paternal authority underwent important changes, which in different ways limited it. Rome had grown from a small village of peasants and shepherds to a metropolis that ruled the world. Political, social, economic conditions (not to say mentalities and religious beliefs and practices) changed the way of thinking of the Romans, their way of life and their attitude and behaviour towards women.
Women as Legal Actors
Authors: Halbwachs Verena
Published: November 2016

Women as legally acting individuals rather than as tangential actors are to be found in the classical sources more often than is generally assumed. This is borne out by literary reports as well as in documents from legal practice, the latter have come down to us to a limited extent and have only recently been the subject of evaluation from the point of view of the participation of women. But the jurist writings provide us with a range of cases in which women are involved, in which they take a stand for their claims and where an unequal treatment in the legal opinion is not discernible. Here the task is to direct our focus onto these configurations, while taking into account the Roman social order, and not to allow the issue to be clouded by subsequent measures which limited the autonomy of (above all married) women.
Inheritance
Authors: Jakab Eva
Published: November 2016

This chapter surveys some of the most important aspects of the law of both testate and intestate inheritance in the period under discussion. It argues that the Roman law of succession can only really be understood within the context of Roman society, the networks of association and kinship and the complex social bonds that operated within the more privileged classes for whom inheritance was an important aspect of their social legacy and the legal standing of their family in generations to come. Ancient literary sources, reports of famous trials, sophisticated argumentations in the works of the jurists and epigraphic evidence enable different approaches to a better understanding of legal thinking and legal interpretation. Since succession was forbidden between Romans and peregrines, the law of inheritance was a special Roman matter, an important part of identity and a tool of integration.
Possession in Roman Law
Authors: Baldus Christian
Published: November 2016

In Roman terms, there is no real equivalent to the modern concepts of “possession”, as present-day laws use them. Possessio may describe the actual control over things that could lead to the acquisition of ownership; the control that made it possible to defend against encroachments by third parties; and the control that could result in the capacity to be sued in an ownership case. Frequently, the use of possessory elements is subordinated to property law. This chapter surveys the development of the law of possession in the late Classical period, when some attempts were made to structure the relevant conceptual instruments in a coherent fashion.