bluuebunny/crossref_metadata_2025 huggingface dataset:
Reaching the Limits of What the Market will Provide: Energy Security in New Zealand
Authors: Barton Barry
Published: January 2010

This chapter discusses that many of New Zealand's energy security problems exist whatever legal provisions are in place, and whatever the policy mix. It notes that oil imports are largely out of the control of a small country. It explains that dry-year is present because of the country's climate and generation facilities, and this is so whether it uses a market model or a departmentally-administered one. It clarifies that market dominance, rules helping or hindering demand-side involvement, and the lack of size and liquidity of the futures market have all been significant. It adds that Auckland's distribution lines failure in 1998 occurred in non-competitive circumstances, so it is not clear whether competitive retailers now have the incentive and the ability to press lines companies to be vigilant in maintaining their systems.
Exceptional Case Marking in Brazilian Portuguese
Authors: SALLES HELOISA MARIA MOREIRA LIMA
Published: January 2010

This chapter studies completive subordination patterns in Brazilian Portuguese compared with European Portuguese and with Archaic and Classical Portuguese. The general issue addressed is the way in which modality is expressed in Brazilian Portuguese. This leads to the study of three particular points that are specially taken into account: the loss of indicative/subjunctive morphology in verbs, the loss of ‘Aux-subject’ inversion configurations, and the reanalysis of para ‘for’ as a complementizer. The chapter considers that modality can be realized through merging of a lexical item in C or through movement to C.
Sì and e as CP Expletives in Old Italian
Authors: POLETTO CECILIA
Published: January 2010

This chapter examines the grammaticalization process of two CP elements in Old Italian: the particles sì and e. The chapter contributes to shedding light on the complex phenomenon of V2 on the one hand and on the left periphery of the clause on the other, insofar as Old Italian represents the ideal case study investigate how the V2 property interacts with a fully articulated left periphery.
8 Gradient Perception of Intonation
Authors: FÉRY CAROLINE , STOEL RUBEN
Published: January 2010

This chapter investigates the gradient nature of the acceptability of intonation patterns in the German declarative sentences. It then cross-splices three kinds of sentences elicited in various information structural contexts. The informants were asked to judge the acceptability of context-target pairs. The clearest findings are derived for the short sentences, although the long sentences brought comparable results. Due to the variability of the scope behaviour of the negation and the quantifier, the tonal patterns of scope sentences were much more difficult to interpret depending on the accent structure of these sentences. For all sentences, it is found that a prosody with two accents got better scores than a prosody with only one accent, and that a contour with a late accent is better accepted in non-matching environments.
Linear Optimality Theory as a Model of Gradience in Grammar
Authors: KELLER FRANK
Published: January 2010

This chapter outlines the linear optimality theory (LOT), a variant of optimality theory primarily suggested by Keller to model gradient linguistic data. LOT is a framework intended to account for gradient judgment data; gradience in processing data and in corpus data has different properties from gradience in judgment data, and it is unlikely that the two types of gradience can be accounted for in a single, unified framework. The chapter provides a summary of the empirical properties of gradient judgments that motivate the design of LOT. It defines the components of an LOT grammar, and introduces the LOT notions of constraint competition and optimality. It gives a comparison with other variants of OT, particularly with standard OT and with harmonic grammar. This chapter contains a survey of more recent developments, such as probabilistic OT and variants of OT on maximum entropy models.
Explaining and Evaluating the UNMIK Court System
Authors: Cerone John , Baldwin Clive
Published: January 2010

The Kosovo courts have been counted among the so-called ‘hybrid’ or ‘internationalized’ courts. As with the Special Panels in East Timor, the Special Court for Sierra Leone, and the envisioned Extraordinary Chambers in Cambodia, the Kosovo court system is composed of both national and international judges and prosecutors, and is competent to apply laws with both a national and an international character. However, the Kosovo court system derives its competence from Regulations of the United Nations Interim Administration Mission in Kosovo (UNMIK), whose authority is ultimately derived from a Chapter VII Resolution of the UN Security Council. This chapter describes the nature and composition of the Kosovo court system, providing an overview of the legal framework within which it operates, and highlighting the features that make it unique. The chapter also evaluates the strengths and weaknesses of this form of internationalized court, focusing primarily on the effectiveness of introducing international judges and prosecutors into the system.
The Judges and Prosecutors of Internationalized Criminal Courts and Tribunals
Authors: R Romano Cesare P
Published: January 2010

This chapter examines the question of staffing internationalized criminal courts and tribunals, focusing on the judicial body's judges and prosecutors. It explains how and why the composition of internationalized courts and tribunals can vary from case to case, looks at the qualifications required for both local and international judges and prosecutors, the practical problem of identifying and recruiting outstanding individuals that match the proposed criteria (nationality, moral integrity, gender, and curriculum), and the degree of independence of local and international judges and prosecutors serving in internationalized tribunals. Three issues are considered: procedures for appointment and dismissal of judges, length of service, and privileges and immunities.
3. Contest and Coming of Age
Authors: Burnett Anne Pippin
Published: January 2010

The choral songs written by Pindar for the young athletes of Aigina offer a reliable sketch of the island's practice, as it recognised and commemorated an athletic victory. The patrons of the eleven odes for Aigina were not like any of Pindar's other clients, and the victors to be praised show a special quality as well, for in every case the successful athlete was probably more than twelve years old, but not yet eighteen. These boys share a common predilection for the oldest and most violent forms of contest, for there is but a single runner among them, while one has been victorious in the pentathlon, four are wrestlers, and five are pankratists. The young victors are moving towards a world of masculine maturity, both ideal and actual, and their celebrations give an appropriately ambivalent treatment to female figures.
4. Nemean 5: Peleus’ Wedding Song
Authors: Burnett Anne Pippin
Published: January 2010

This chapter examines Nemean 5, a wedding song and the first surviving ode written by Pindar for an Aiginetan, commissioned by a nobleman named Lampon for his son Pytheas. Lampon takes a close interest in the making of athletes and has hired one of the best teachers of the day, Menander of Athens, to supervise the training of his sons. Now, though not yet fifteen, Pytheas has crossed to Nemea and won in the pankration, a brutal mixture of boxing and wrestling in which almost any move was permitted. The boy has rescued his father's house from athletic obscurity, but his flair for victory comes from the maternal family. Other odes announce their purpose with an opening invocation, a wise generality, or an elaborated simile, but the chorus of Nemean 5 begins with a negative boast that defines its function and ends the Isthmian celebrations with inferential praise of the bride Thetis.
11. Nemean 8: Slander and Praise
Authors: Burnett Anne Pippin
Published: January 2010

Pindar's ode, Nemean 8, was performed to honour an adolescent boy who had chosen his father's event, the double-stade race, and duplicated his father's mainland victory. The song identifies Aigina, not with a despised Ajax, but with an admired Aiakos sought out by all as a panhellenic leader. It calls itself a gift brought to this legendary hero-founder in behalf of the island-city that he loves, a city that enjoys a permanence of god-given bliss. These are the announced conditions in which the present performers greet a youth who is entering his first season of love, and its initial tone of rich promise stands in stark contradiction to all readings and chronologies based upon a mistreated Aigina-Ajax and a dishonourable Athens-Odysseus. Here, Pindar gives a moment of poetic life to a jealous slander that killed, then asks, in a responding passage, for the power to distribute praise and blame correctly, thus offering celestial life to splendid actions.
1 Macedonia 1870–1922
Authors: Kontogiorgi Elisabeth
Published: January 2010

This chapter begins with a discussion of Macedonia — its regional boundaries, economy, and population — and the ‘Macedonian Question’. It then considers the factors that made Macedonia a politically sensitive region. Among these were the imminent political and social disintegration of the Ottoman Empire, the rise of nationalism among the Balkan peoples, the irredentist claims of the newly established Balkan states on territories outside their borders (and particularly on Macedonian lands inhabited by their unredeemed brethren), and finally Great Power rivalries in the area.
5 Agricultural Resettlement and Land Distribution
Authors: Kontogiorgi Elisabeth
Published: January 2010

This chapter begins with a discussion of agricultural resettlement, which was carried out in accordance with the Decree of 6 July 1923 and which required that refugees form ‘legally constituted groups’. It then discusses problems relating to the permanent distribution of lands and the demographic implications of agricultural resettlement, particularly the effect of distribution on marriages.
6 The Social and Political Impact
Authors: Kontogiorgi Elisabeth
Published: January 2010

This chapter begins with a discussion of the conflict between refugees and native peasants over land distribution. It then considers the political orientation of the refugees.
8 Geographical Distribution of the Refugees
Authors: Kontogiorgi Elisabeth
Published: January 2010

This chapter considers the geographical distribution of the refugees within Greece, and in particular in Macedonia, after their settlement. It also looks at the degree to which the refugees were successful in reconstituting their communities in their new lands.
3 Xerxes’ Homer
Authors: Haubold Johannes
Published: January 2010

This chapter argues that the reception of epic in wartime and post-war Greece was affected by an extended dialogue between both cultures. The Persian leadership used Homeric epic, especially the Iliad, in order to justify imperial expansion to the Greeks in their own cultural terms, just as they appropriated Babylonian and Judaic visions of history in order to validate their expansion elsewhere. Drawing on the Herodotean evidence for the Persians' use of Greek oracle-mongers, and especially his account of Xerxes' visit to Troy, which presented the king as the champion of Troy, seeking revenge for its downfall, the chapter suggests that Xerxes' Iliad consisted of a set of wholly new glosses on familiar topics, pro-Persian interpretations, and selective enactments.
7 Images of the Persian Wars in Rome
Authors: Hardie Philip
Published: January 2010

This chapter shows that Augustan Rome's use of the Athenian image of the Persian barbarian, especially the Actium–Salamis equation, is an expanded and revised version of an article originally published in Classics Ireland. It shows how complex were the reasons why Augustus — and his poets Horace and Virgil — found in the Persian Wars material which helped in the creation of the new Roman sense of Self, a new identity that became a cultural requirement in the years following the end of the Republic. In particular, the chapter examines how the original Athenian fusion of the Amazonomachy and the Persian Wars narratives provided fresh poetic and ideological impetus in Virgil's treatment of the Camilla story.
Homeric Voices
Authors: Minchin Elizabeth
Published: January 2010

Although there has been considerable interest over time in the composition of narrative sections of the Homeric epics, there have been very few studies of the composition of the speeches and exchanges of speech that Homer depicts in his songs. This book attempts to redress the balance. Drawing on research in sociolinguistics, discourse analysis, and cognitive psychology, the book considers the speeches in Homer from two perspectives, as cognitive and as social phenomena. Part I explores the role of memory in the generation of Homer's speech forms; and the relationship between Homeric voices and the speech of the poet's everyday world. It is suggested that speech acts such as rebukes and the declining of invitations, and question forms and the pattern of hysteron-proteron so familiar to us in Homer, have their origins in pre-patterned forms of everyday speech; and that even the discourse strategies that underpin Homeric questions are recognizable to us from everyday talk. Part II formulates responses to the question of whether Homer reveals consistent differences in his representation of men's and women's talk. Men's and women's speech-habits are examined in order to detect whether there is a male preference for speech acts such as rebukes (a dominant mode) and a female preference for protests (a co-operative mode); and whether the use of information questions, directives, interruption, and even storytelling content and style can be identified with men's and women's different speaking styles. The absence of clearcut and consistent findings on this question does not diminish the value of the original question.
Speech Acts in Homer: The Rebuke as a Case Study
Authors: Minchin Elizabeth
Published: January 2010

By relating Homer's speech-formats to cognitive psychology's account of the storage of implicit knowledge, conclusions can be drawn about the mind-based resources on which the poet drew as he sang—and on which we draw as we speak. It is argued that the Homeric rebuke was a stylized version of everyday discourse, cued by the rebuke format that the poet had acquired, almost unconsciously, early in life and stored in memory. What the apprentice poet learned from a master-singer was not the rebuke itself, but the special formulation of the rebuke for the purposes of oral song.
Verbal Behaviour in its Social Context: Three Question Strategies in the Odyssey
Authors: Minchin Elizabeth
Published: January 2010

This chapter examines a selection of questions from the Odyssey in terms of their functions as social acts that may reflect, reinforce, or revise the social relationship of the speakers. The three categories identified by Esther Goody are deference-questions, control-questions, and counter-questions. Each of these forms acknowledges the power-relations between any speaker and his or her addressee, and illustrates the important links between verbal and social interaction. Knowledge of the world and of social relationships in that world shapes both our talk and our interpretation of the talk of others, including the character-speech of the Odyssey.
Linguistic Choices in Homer: Rebukes and Protests
Authors: Minchin Elizabeth
Published: January 2010

Rebukes and protests are a useful test of asymmetry in Homeric society. Rebukes appear to reflect social hierarchies that are similar in many respects to hierarchies in our own world: men or gods of higher status address rebukes to men or gods of lower status; women of higher status to women of lower status; older people to their juniors; men to women; gods to mortals. The most vigorous speech form normally used by women is the protest, a reactive mode that makes no claim for power. But speech does not simply reflect status, it also realizes it, in the real world and the world of the imagination. The speech-preferences that Homer attributes to his various characters therefore both reflect and realize their status vis-à-vis others.
Family Law in the Twentieth Century
Authors: Cretney Stephen
Published: January 2010

The law governing family relationships has changed dramatically in the past one hundred years. This book is a study of the pressures and processes which led to those changes. It examines the work of individuals and organisations campaigning for change, and the (often ignored) influence of officials in government and (in particular) the Parliamentary draftsmen. It gives particular attention to the pressures for compromise which have so often influenced the otherwise difficult to understand legislation. The book makes extensive use of archival material and of the results of empirical research, and tells the stories of the sometimes rather eccentric individuals who have had an impact on the law-making process. Although the book focuses on the twentieth century, it reaches back into earlier periods when relevant to later developments.
4 Other Legal Consequences of Marriage: Conjugal Rights and Remedies
Authors: Cretney Stephen
Published: January 2010

English law started from the principle that husband and wife should live together. But did that mean that the court should issue orders requiring them to do so? If so, what was to happen if one of them refused to obey? And what did the law do if one spouse wanted the court to order a separation? Supposing that one man seduced another’s wife: should the husband be entitled to recover damages for the loss of the person who cared for him and his house? These were all live issues in the course of the twentieth century, and this chapter examines how law-makers dealt with them.
10 Marital Breakdown: The Financial Consequences
Authors: Cretney Stephen
Published: January 2010

The common law made a husband legally liable to maintain his wife and children. What should happen financially if a couple are divorced? This chapter traces the changing law, which has moved from giving the court only very restricted powers to make financial orders, to giving the court power to readjust virtually all the economically valuable assets of the two parties. The principles on which those powers should be exercised have also been controversial: should the court be influenced by findings about who was responsible for the breakdown? If not, what should those principles be?
15 Children’s Legal Status: Legitimate or Illegitimate?
Authors: Cretney Stephen
Published: January 2010

Legal systems traditionally distinguish between legitimate and illegitimate birth, with the illegitimate (‘bastard’) denied recognition. A number of techniques were developed to mitigate the hardship and injustice which this distinction caused — such as legitimation by subsequent marriage and treating a child’s parents as legally married in certain circumstances even when they were not. Perhaps more significant were the various measures taken to minimise the legal disadvantages of illegitimacy. Only towards the end of the century was the policy of ‘abolishing illegitimacy’ wholeheartedly adopted.
20 The State, Parent and Child: (3) Child Care Legislation at a Time of Transition, 1969–1989
Authors: Cretney Stephen
Published: January 2010

The case of Maria Colwell brought into question the application of the hitherto accepted principle that the mere fact that a child could be better cared for by others was not a justification for removal from the parents: the existing legal procedures were perceived as inadequate. The importance of effective management — rather than reliance on the flair of individual workers — came to the foreground. In 1975 the Children Act was enacted in an attempt to improve the law dealing with adoption, guardianship, and care of children, but it soon became apparent that there were genuine issues of principle involved, which that Act failed to resolve. Matters were made worse by the failure to bring many crucial provisions of the 1975 Act into force for more than a decade. Child law was becoming increasingly politicised. In 1985 a very thorough and detailed Civil Service review of Child Care Law was published containing over 200 recommendations; and at much the same time the Law Commission was carrying out a massive investigation of the law, which dealt with the responsibility for caring for children when there was a divorce or other breakdown in the traditional pattern of family care. Once again, the published reports of child abuse scandals — the Jasmine Beckford case, and the allegations of widespread child abuse in Cleveland — greatly increased public pressure for change. The 1989 Children Act was the legislative outcome.
Ethics and Poetics: Literary and Personal Memory in Representations of Cretan Women
Authors: ARMSTRONG REBECCA
Published: January 2010

This chapter serves both as an examination of the importance of remembrance in the myths and as an explicit experiment with the theories of allusion and intertextuality which underlie the entire study. An essential characteristic of Latin poetry is its consciousness of literary history and of the endless possibilities for subtlety in reminiscence of and engagement with earlier works. In this self-aware literary world, the Cretan women, and Ariadne in particular, come to play an important role as indicators of poets' attitudes to the anxiety and the inspiration of influence. By tracing the story of Ariadne from Apollonius to Catullus and Ovid, the chapter sets forth an account of some of the tricks of memory that the poets use. It also shows the way in which Ariadne remains an instantly recognizable individual, yet simultaneously becomes a composite figure, made up of layers of her own and others' previous poetic appearances. It is this tension between the necessity of retaining certain stock, essential features of a mythological character and the poet's desire to leave his own stamp upon the poetic clay that makes the investigation so fascinating.
Phaedra from Elegiac Lover to Stoic Anti-Exemplum? Heroides 4 and Seneca, Phaedra
Authors: ARMSTRONG REBECCA
Published: January 2010

This chapter focuses on depictions of Phaedra. In the Heroides Phaedra is a contradictory figure, a character who could be complete in herself, but who also seems to be full of other people's voices, often ostentatiously displaying the different elements of her composition. At times she seems to step straight from love elegy, at others she is more like a virgin bride or a Euripidean nurse. Both in control and heading full-tilt for destruction, she is a victim of her own passion and self-indulgence, yet also moulded by circumstance and inheritance.
Conclusion
Authors: ARMSTRONG REBECCA
Published: January 2010

This chapter presents some concluding thoughts. It begins with a review of discussions in the preceding chapters. It argues that while to a degree, the reaction among the Latin poets to the Cretan myths is a continuation of the Greek, there is nevertheless a palpable sense that these myths are now fully Roman. They are not borrowed, but absorbed and revived in a new place and time. It seems that the real, contemporary Crete made little impact on the poets.
A Human Fable and the Justice of Beasts in Archilochus
Authors: Cunha Corrêa Paula da
Published: January 2010

This chapter considers fragments (174 and 177 IEG) belonging to one of the most important and well-known epodes of Archilochus (172-81), in which ‘The Fable of the Fox and the Eagle’ is narrated. They are extracts from a larger study in which all fragments of Archilochus that contain fables and animal metaphors will be examined, with an emphasis on the particular ethos of each animal.
Pindaric Accompaniments
Authors: Henry W. B.
Published: January 2010

The performance of Pindar's epinician odes has been much discussed of late, in particular the question whether the odes were composed for a vocal soloist or for a choir. But the instrumental accompaniments have received comparatively little attention. This chapter considers the evidence to be found in the texts of the odes themselves concerning the instruments used. It suggests that a metrical observation may enable us to make some progress.
Lucian and Archilochus, or: How to Make Use of the Ancient Iambographers in the Context of the Second Sophistic
Authors: Nesselrath Heinz-Günther
Published: January 2010

Lucian's pamphlet ‘The Mistaken Critic, or: On the nefarious day’ is one of the most vitriolic pieces of invective in ancient Greek literature. The enemy that Lucian demolishes in this pamphlet apparently made the mistake of taking Lucian to task on a topic where the versatile Greek satirist hailing from Syrian Samosata was most sensitive: he dared question Lucian's competence in the subtleties of Greek style and expression, contending that Lucian had used the word άποφράς (meaning ‘unlucky/ill-omened’) in an inappropriate and ‘barbarous’ way. Being called a ‘barbaros’ in matters of language was one of the things Lucian liked least, and in ‘The Mistaken Critic’ he pounced upon his adversary with savage delight, insulting every bit of his opponent's character and life and demonstrating his own mastery of Greek prose style at the same time. This chapter focuses on how Lucian starts his rhetorical demolition work, namely by invoking Archilochus.
Desperate Straits and the Tragic Stage
Authors: Griffin Jasper
Published: January 2010

This chapter focuses on tragedy in Greek poetry. Tragedy demands an intensity of suffering, emotion, atmosphere, and situation, exceeding that of ordinary existence. The poets can be seen to have a repertoire of devices to escape the humdrum daily round and to present life as more than just One Damn Thing After Another: to enliven and ennoble it with acute suffering, extreme situations, and agonizing decisions. All of that, of course, must be presented and experienced in the Grand Style. Those situations are intimately linked to events in real, recent, and contemporary life. The same scenes and the same pressures occur on the tragic stage and in the history of the 6th and 5th centuries BC. It cannot be doubted that influence flowed both ways. The tragedians echoed spectacular events of history; agents in that history behaved in ways influenced, perhaps dictated, by patterns familiar in poetry.
Sophocles’ Learning Curve
Authors: Pelling Christopher
Published: January 2010

Two of the most influential mid-20th-century discussions of Sophocles' style operated by trying to fit the surviving plays to the threefold scheme; the most recent, and very thorough, discussion of The Language of Sophocles (Budelmann (2000) ), cites it in the third sentence of the first page. If authentic, it would be a rare case where we can see a great practitioner reflecting on his own technique, no less illuminating — perhaps even more illuminating because less jokey — than Aristophanes' remarks in several parabaseis on the various stages of his early development. And, despite the scepticism that such literary anecdotes normally excite among sober scholars, there may be good reason why they suspect that this one is indeed authentic, or at least has its origin in an authentic comment even if it is not a verbatim quotation We can even see how an authentic remark could have survived in some form, for it is a guess, but a plausible one, that the remark could come from Sophocles' contemporary Ion of Chios. Ion was himself a tragic poet, enjoyed gossiping about his meetings with the great and what they had said, and we know that he wrote about Sophocles; we know too that Plutarch knew Ion's work well, and used it thoughtfully and tellingly. This chapter contends that if Ion is the intermediary, then Plutarch's version will be only that one step away from Sophocles' original remark, despite the five-hundred-year time lag. This, then, may be a fitting topic for a tribute to Martin West, who has written with such distinction on Ion as well as on Sophocles — and on so much more.
What’s in a Line? Papyrus Formats and Hephaestionic Formulae
Authors: Itsumi Kiichiro
Published: January 2010

The Alcaic stanza was written in four lines, and was conceived as a four-verse unit, from the Alexandrian period to the middle of the 20th century. Horace had been the paramount authority before the papyri were discovered, while Hephaestion gave theoretical support to this layout by providing metrical analysis. All the Alcaeus papyri, moreover, present the Alcaic stanza in four lines. They were believed to provide a definitive guarantee of its four-line division. However, the third verse can be in synaphea with the fourth. This chapter argues that whether Alexandrian scholarship correctly understood the metrical structure of the archaic lyrics or not, or in other words, whether the metrical structure was ignored on papyri deliberately or not, one thing is certain: Hephaestion, who found the four lines before him, had no doubts in accepting the four-line division and in analysing each of them as a metrically independent unit. That is, Hephaestion did not always correctly understand the metre.
Old Objections and New Approaches
Authors: CLAPHAM ANDREW
Published: January 2010

This chapter covers the arguments for and against an extension of human rights law to admit obligations for non-state actors. Most of the arguments are political or philosophical. The chapter concludes with a call for us to look at human rights in new ways and evokes the idea that there may be simultaneous complementary regimes for protecting the victims of human rights violations. The existence of a regime focused on non-state actors need not undermine an existing regime for holding states accountable.
The World Trade Organization and the European Union
Authors: CLAPHAM ANDREW
Published: January 2010

This chapter looks at how the WTO and the EU both have obligations under human rights law and how both organizations both create regimes which ought to apply the law so that human rights are fully respected. Both organizations have the capacity to undermine or promote human rights.
Selected UN Human Rights Treaties
Authors: CLAPHAM ANDREW
Published: January 2010

This chapter looks at the ‘case-law’ and practice of the UN treaty bodies and reveals the ways in which the human rights obligations of non-state actors have been addressed. It also discusses the UN Refugee Conventions. Topics include torture, racism, refugees and economic, social, and cultural rights.
Honours and Prerogatives
Authors: Carroll Stuart
Published: January 2010

Honour was itself measurable by the honours that one had either inherited or had conferred by a superior. Ideally, honours should be commensurate with honour, so that ‘reputation is finally sanctified by the bestowal of honours’. Though competition for office was intense and the struggle for possession the cynosure of factional squabbling, disputes over royal office were not a priori causes of feuds. Honours were naturally sought for material reward, but to claim an office or prerogative was also to claim honour and to deny it to someone else, and thus the victor in the competition for office finds his reputation enhanced by the humiliation of the vanquished. This chapter discusses violence associated with honours and prerogatives in early modern France, hunting as a cornerstone of noble sociability, religious festivals, churches and their furnishings, liturgy as rights of lordship and rights of harmony, and death and burial.
Justice and the Law
Authors: Carroll Stuart
Published: January 2010

In early modern France, feuds did not come to an end when either of the disputing parties had recourse to law. The judicial system was not neutral, nor was the law free from the social and political constraints in which it operated. For the elite, litigation was a way of life that consumed money and imposed immense psychological burdens. For those at the lower end of the elite, desperate to keep up appearances, the lawsuit was probably more all-consuming and had greater import than for their peers who had factotums to take the strain and who enjoyed a greater variety of recreational activities. To feuding parties, writs, summonses, and other court orders were provocations attended by violence. This chapter outlines the role of justice in dealing with heinous crimes in early modern France, including the legal procedure, the trial, chicanery, legal costs, and punishment.
Women, Sex, and Vindicatory Violence
Authors: Carroll Stuart
Published: January 2010

In early modern France, the origins of laws controlling marriage and sexuality were formulated in contingent political contexts whose implications for state building are ambiguous. Moreover, royal edicts themselves could only influence behaviour so far. In practice, affective relationships between the sexes and the generations continued to be shaped largely by customary law and kinship solidarities. Family breakdown was a pressing problem for early modern people, leading to violence, political disorder, and feuds that had to be faced with inadequate resources. Finally, patriarchy, like all hierarchical relationships, brought with it duties and responsibilities, as well as power. This chapter discusses the politics of marriage in early modern France, along with vindicatory violence arising from elopement and abduction of women, women's role in the dispute process, women's weapons for revenge, and duelling as a display of sexual prowess and avenging of a woman's honour.
The Crisis of the Religious Wars
Authors: Carroll Stuart
Published: January 2010

Although the regime of Henri IV marks a watershed in traditional political history in France, for feuding parties it had less discernible impact or merely interrupted their quarrels. For historians of violence, the traditional chronology is an imperfect guide: the deep scars caused by the Wars of Religion were not quick to heal after 1598, the infection of violence and disorder had spread to all areas of the body politic, and old wounds were reopened and sometimes inflamed by the remedies proposed for their amelioration. This chapter looks at feuding in France prior to the Wars of Religion, Calvinism and its role in the perpetuation of vengeance and conspiracy, how confessional identity and religious conviction sharpened feuding among the nobles and intensified disputes, and the blood feud between the two most powerful families in France in the 16th century.
Constitutional Law and National Pluralism
Authors: Tierney Stephen
Published: January 2010

Over the past thirty years, sub-State national minorities in a number of developed liberal democracies have both reasserted their cultural distinctiveness and demanded recognition of it in legal and political terms. This phenomenon has been the subject of considerable study by sociologists, political scientists, and political theorists. This book differs by offering a study of the consequences of these rights claims for legal systems. It examines the role played by law, especially constitutional law, in the negotiation of the complex relationships and competing rights claims involving the State, national minorities, and other groups and individuals within the State. This book addresses the constitutional issues, both in theory and in practice, that accompany the existence of national diversity in pluralist democracies. The book contends that the democratic plurinational state, characterized by the presence of more than one national group within the State, is a discrete category of multi-level polity which defies the standard classifications of liberal constitutionalism. Building upon this theoretical basis, this book then focuses upon recent developments towards the institutional accommodation of Catalonia, Quebec, and Scotland. The book examines the legal issues which arise from the challenges posed by national minorities within multinational democracies, to the constitutional and institutional structures of particular States, and also to some of the fundamental precepts of democratic constitutional theory and practice.
Theories of Nationalism and National Identity
Authors: TIERNEY STEPHEN
Published: January 2010

This chapter addresses how liberal nationalist theorists have constructed an argument to the effect that sub-state national societies constitute a distinct category of group, distinguishable from both the majority of ‘dominant’ national society of the host state, and other ‘minority’ groups within the state. It explores the objective and subjective features of identity which liberal nationalists have identified as characteristic of a national society, and which help to explain the resilience of national identity at sub-state level. The chapter examines how different traditions have emerged in the study of nationalism. In particular, it discusses the dominant ‘modernist’ school of nationalism which has attempted to explain nationalism as an essentially instrumental device.
Referendums: Towards Agreed Models of Constitutional Accommodation
Authors: TIERNEY STEPHEN
Published: January 2010

This chapter considers the extent to which Quebec's institutional position as a province enabled it to stage referendums. It explores whether having established devolution in the UK, the Westminster Parliament has, paradoxically, far from pre-empting the Canadian scenario, in fact created the institutional infrastructure for the same types of power struggle to emerge.
The ‘Ancienter Sort’
Authors: SHEPARD ALEXANDRA
Published: January 2010

This chapter explores the extent to which older men were able to retain their purchase on male status. It argues that old age, in contrast to youth, was more likely to be a period of gender convergence than a leveller of social status. The experiences of old men, and their continued access either to patriarchal dividends or to competing codes of manhood, varied considerably according to means and physical capacity. There is considerable evidence of older men continuing to hold office, and to support themselves and their households into very advanced years, and the very old were revered as guardians of custom and local tradition. Others pursued alternative survival strategies in common with younger men of limited means. Many, however, resumed positions as dependants, either through retirement arrangements with kin, or by resorting to charity and poor relief, limiting, if not precluding, access to the autonomy commonly associated with manhood.
Apples and Oranges
Authors: Lasser Mitchel de S.-O.-l’E.
Published: January 2010

This chapter argues that the Cour de cassation of France, the Supreme Court of the United States, and the European Court of Justice are truly emblematic courts, courts whose discursive practices and conceptual frameworks characterise those of their respective judicial systems. Each of these three judicial systems possesses defining conceptual structures and discursive practices that go a long way towards making those systems what they are. What makes the French judicial system French, the European system European, and the American system American are formal, discursive, and conceptual attributes that manifest themselves throughout those judicial systems, attributes that surface again and again despite the obvious variation in the parties, the subject matter, the legal issues, and the like handled by the assorted courts in question. This chapter compares the judicial discourses of the three courts as well as their judicial argumentation and judicial decisions.
On Judicial Debate, Deliberation, and Legitimacy
Authors: Lasser Mitchel de S.-O.-l’E.
Published: January 2010

The judicial systems of France, the United States, and the European Union as represented by the Cour de cassation, Supreme Court, and the European Court of Justice, respectively, take rather different approaches to a series of fundamental debate and deliberation issues. First, who should be engaged in debates about judicial decision-making? Second, where should these debates be held and/or found? And, third, what kinds of debates should be had? By answering these questions differently, the three judicial systems produce very different models of democratic debate, deliberation, and legitimacy in the judicial context. This chapter examines how (and why) the French, American, and EU judicial systems each align their respective (and quite different) approaches to the issues of judicial transparency, accountability, and control, as well as judicial debate and judicial deliberation.
The impact of impaired renal function on mortality in patients with acutely decompensated chronic heart failure
Authors: Vaz Pérez Amalia , Otawa Katrin , Zimmermann Arabel V. , Stockburger Martin , Müller‐Werdan Ursula , Werdan Karl , Schmidt Hendrik B. , Ince Hüseyin , Rauchhaus Mathias
Published: January 2010

Aims

Acute heart failure syndromes, commonly recognized as de novo heart failure or acute decompensated chronic heart failure (ADHF), are characterized by a rapid onset or change in signs and symptoms of heart failure requiring urgent treatment. Coexisting renal dysfunction is associated with poor prognosis in these patients. We sought to determine whether renal impairment in particular and other admission factors in general predict long‐term mortality after hospitalization for ADHF.

Methods and results

We studied 128 patients (age 63 ± 12 years, 76% male) in NYHA class 2.6 ± 0.7 with a left ventricular ejection fraction (LVEF) ≤39%, hospitalized due to ADHF. Mortality rates (per 100 person‐years) were 21.9 at 12 months and 12.0 at 60 months. We found that admission serum creatinine level was the best predictor of mortality after 1 (P < 0.001, log‐transformed due to skewed distribution) and 5 years (P = 0.001), followed by creatinine clearance, the use of loop diuretics, and digoxin. Moreover, higher NYHA class, decreased body mass index (BMI) and increased levels of urea predicted 1 and 5 years mortality on univariate analysis. In the multivariate analysis, creatinine, NYHA class, and LVEF emerged as independent predictors of mortality after 1 year, whereas BMI and the use of diuretics did not reach significance (joint χ2 = 29.40, P < 0.001). After 5 years, creatinine and NYHA class independently predicted all‐cause mortality (joint χ2 = 22.71, P < 0.001), but BMI and age did not remain significant.

Conclusion

Admission creatinine level strongly predicts medium‐ and long‐term mortality after hospitalization in patients with ADHF, and serves as a cheap and fast clinical marker to identify patients at risk of death.
The Idea and Ideal of Capitalism
Authors: Gaus Gerald
Published: January 2010

This article describes the elements of a pure form of capitalism and aims to indicate some of the ways that proponents of capitalism have sought to justify these elements. It analyzes the idea of putting capitalism into distinct elements and asks how each element might be justified with the goal of determining the context in which business ethics occur. It also discusses full capitalist property rights and attempts to describe the aim and social character of the capitalist firm.
The Public Authority of the Managers of Private Organizations
Authors: McMahon Christopher
Published: January 2010

This article examines the public authority or power of managers of private business organizations. The fact that people need to make a living, and thus must do what they are told by employers, does not establish that the managers of private corporations exercise legitimate authority. It merely establishes that they possess directive power. This article suggests that the managers of private corporations can only be regarded as exercising legitimate authority only if their authority is understood as a subordinate form of cooperation facilitating authority.
Relativism, Multiculturalism, and Universal Norms: Their Role in Business Ethics
Authors: Beauchamp Tom L.
Published: January 2010

This article examines the role and influence of relativism, multiculturalism, and universal norms in business ethics. It attempts to answer the question whether moral standards are merely personal opinions and cultural conventions or whether some moral standpoints transcend the personal and the cultural. It concludes that there is a universal common morality, but that it allows for moral disagreement and legitimate differences of opinion about how to render universal norms specific for business contexts. Thus, certain norms constrain corporate activities in all cultures while other norms constrain corporate conduct only in specific contexts.
Corruption and Bribery
Authors: Velasquez Manuel
Published: January 2010

This article describes the ethical issues that arise when business engages in bribery and corrupt activities. It shows that while corruption and bribery in most developed and developing nations are unethical, there are specific and identifiable cultural contexts within which they may be morally indifferent acts. It explains that even where corruption and bribery are unethical, there are circumstances that can render them morally acceptable and that even where corruption and bribery are morally indifferent acts, there are circumstances that can render particular instances of such acts morally wrong.
Discrimination, Affirmative Action, and Diversity in Business
Authors: Boxill Bernard R.
Published: January 2010

This article examines philosophical theories applicable to discrimination, affirmative action, and diversity in business. It argues that utilitarianism supports many forward-looking arguments for affirmative action based on good consequences and that natural rights theory can be used to support both forward-looking and backward-looking arguments for affirmative action. It also argues in defense of the view that diversity in the workplace is an important grounding for affirmative action.
The Epistemic Aims of Education
Authors: Robertson Emily
Published: January 2010

This article examines the ideal epistemic aims of education. It explains that epistemology is concerned with giving an account of knowledge and suggests that if educators ought to aim at having their students acquire knowledge their epistemic aims should be related to this goal. It contends that the epistemic aims of education do not concern curricular subjects but with the way the work of the educator should be guided by an understanding of the nature of knowledge itself.
Tagore, Dewey, and the Imminent Demise of Liberal Education
Authors: Nussbaum Martha C.
Published: January 2010

This article examines the imminent demise of liberal education and the relevant works of Rabindranath Tagore and John Dewey. It suggests that though Tagore and Dewey never met or worked together, their thought was similarly inspired by the deadness of traditional education, its failure to stimulate criticism of tradition, and its failure to cultivate sympathy. They are kindred spirits in their insistence on the crucial importance of a pedagogy that enlivens and activates, whose shared legacy is today deeply threatened. The article provides four examples which illustrate in different ways a profound crisis in education today and describes the three values or abilities that are particularly crucial to citizenship in a pluralistic democratic society that is part of an interlocking world.
The Development of Rationality
Authors: Moshman David
Published: January 2010

This article provides a psychological account of the development of rationality in the context of education. It explains that implicit in the metacognitive conception of rationality is a constructivist conception of its development. It suggests that if rationality is fundamentally a matter of knowledge and control of our knowledge and inferences, then it presumably develops through processes of reflection and coordination. It contends that metacognitive reflection and coordination often occur in the context of social interaction and this often includes parent-child and teacher-student interactions.