bluuebunny/crossref_metadata_2025 huggingface dataset:
Radiofrequency inferior turbinate reduction: An evaluation of olfactory and respiratory function
Authors: Garzaro Massimiliano , Pezzoli Matteo , Pecorari Giancarlo , Landolfo Vincenzo , Defilippi Simona , Giordano Carlo
Published: August 2010

OBJECTIVE

The aim of this study was to assess the outcomes after radiofrequency inferior turbinate reduction (RITR) on objective and subjective nasal function in patients with nasal obstruction caused by turbinate hypertrophy and to evaluate the possible effect on olfactory function.

STUDY DESIGN

Case series with planned data collection.

SETTING

ENT division, university hospital.

SUBJECTS AND METHODS

Forty consecutive patients who underwent RITR for allergic or nonallergic chronic rhinitis with inferior turbinate hypertrophy were tested before and two months after the surgical procedure, using the Sniffin’ Sticks test battery, anterior rhinomanometry, and the nasal obstruction symptom evaluation (NOSE) scale.

RESULTS

The total basal nasal resistance at 150 Pa diminished significantly two months after surgery. Preoperative olfactory tests showed anosmia in five percent (n = 2) of the patients, hyposmia in 82 percent (n = 33), and normosmia in 12 percent (n = 5). At two months from the intervention, two percent (n = 1) were diagnosed as anosmic, 12 percent (n = 5) as hyposmic, and 85 percent (n = 34) as normosmic. The means of preoperative odor threshold (T), discrimination (D), identification (I), and the overall TDI score improved significantly postoperatively (P > 0.001). The NOSE score in the two‐month follow‐up improved in 97.5 percent (n = 39) of patients, with a mean difference in pre‐ vs. postintervention score of 40.12 (95% confidence interval 35.75‐44.25; P < 0.001).

CONCLUSION

RITR may provide excellent outcomes in terms of improvement in olfactory function and nasal flow in patients affected by turbinate hypertrophy refractory to medical therapy.

© 2010 American Academy of Otolaryngology‐Head and Neck Surgery Foundation. All rights reserved.
RESIDUAL PROPERTIES OF SIMPLE GRAPHS
Authors: TROTTA BELINDA
Published: August 2010

Clark et al. [‘The axiomatizability of topological prevarieties’, Adv. Math.218 (2008), 1604–1653] have shown that, for k≥2, there exists a Boolean topological graph that is k-colourable but not topologically k-colourable; that is, for every ϵ>0, it cannot be coloured by a paintbrush of width ϵ. We generalize this result to show that, for k≥2, there is a Boolean topological graph that is 2-colourable but not topologically k-colourable. This graph is an inverse limit of finite graphs which are shown to exist by an Erdős-style probabilistic argument of Hell and Nešetřil [‘The core of a graph’, Discrete Math.109 (1992), 117–126]. We use the fact that there exists a Boolean topological graph that is 2-colourable but not k-colourable, and some other results (some new and some previously known), to answer the question of which finitely generated topological residual classes of graphs are axiomatizable by universal Horn sentences. A more general version of this question was raised in the above-mentioned paper by Clark et al., and has been investigated by various authors for other structures.
The “Coalition of ‘Rye and Iron’” under the Pressure of Globalization: A Reinterpretation of Germany's Political Economy before 1914
Authors: Torp Cornelius
Published: August 2010

There has been a good deal of scholarly work on the history of the political economy of the German Empire. This is particularly true for the history of customs and trade policy, which historians identified quite early as a central arena of political conflicts and disputes and to which historians quite often assigned a key role in their competing interpretations of the history of the German Empire.
ARISTOTELIAN ANCIENT CONSTITUTION AND ANTI-ARISTOTELIAN SOVEREIGNTY IN STUART IRELAND
Authors: CAMPBELL IAN W. S.
Published: August 2010

Aristotelianism and anti-Aristotelianism are essential categories for the interpretation of political discourse in Stuart Ireland, Scotland, and England. In the 1650s, the Capuchin Richard O'Ferrall defined the future of the Irish kingdom by means of its past. This Irish ancient constitution was not anchored in J. G. A. Pocock's common law mind, but rather in Aristotelianism. Ancient constitution discourse in England and Scotland shared this Aristotelian basis. Responding to O'Ferrall, John Lynch, Catholic archdeacon of Tuam, employed openly anti-Aristotelian arguments which had been pioneered by the Jacobean attorney general for Ireland, Sir John Davies. Recognizing the Aristotelian and anti-Aristotelian nature of these discourses enables the incorporation of both Catholic and Protestant writers, whether educated in Ireland, England, or France, within a coherent account of political thought across the Stuart world.
TASTING LICHFIELD, TOUCHING CHINA: SIR JOHN FLOYER'S SENSES
Authors: JENNER MARK S. R.
Published: August 2010

Recent years have seen the growth of a new and newly self-conscious cultural historiography of the senses. This article extends and critiques this literature through a case study of the sensory work and worlds of Sir John Floyer, a physician active in Lichfield during the late seventeenth and early eighteenth centuries. Floyer is best known for his work on pulse-taking, something which he described as contributing to the art of feeling. Less well known is his first book – a discussion of the tastes of the world and their therapeutic possibilities. The article explicates, contextualizes, and relates these two books and uses this analysis to suggest ways of refining and developing the wider historiography of the senses. It demonstrates how they reveal that what Floyer sensed was closely bound up with the changing ways in which he sensed, particularly when he began feeling the pulse in a ‘Chinese’ style. This, the article concludes, suggests that historians of the senses need fundamentally to reconsider the model of culture which underpins their work, focusing less on the ways in which people have interpreted or ordered sensory stimuli, and rather analysing the senses as forms of skill or dynamic ways of engaging with the world.
POCOCK AND THE PRESUPPOSITIONS OF THE NEW BRITISH HISTORY
Authors: BOURKE RICHARD
Published: August 2010

This article recovers the rationale behind the project to found a ‘new’ British history undertaken by J. G. A. Pocock in the early 1970s, and contrasts this with the approach adopted in the subsequent historiography. The article argues that British history as conceived by Pocock was intended to transcend the parochialism of national history whilst also rehabilitating the writing of imperial history without succumbing to the temptations of metropolitan whiggism. Pocock's perspective was constructed against the backdrop of a British withdrawal from empire and led him to a neo-Seeleyan interest in the dynamics of imperial expansion and retrenchment. While this process is best understood through the comparative study of empires, any such undertaking raises complex questions about the ultimate subject of historical inquiry and the nature of historical explanation. In addressing these questions, this article distinguishes the ambition to write the history of a polity from the aim of writing histories of ‘party’ as originally formulated by the historians of the Scottish enlightenment whose work has been among Pocock's abiding subjects of investigation.
Islam and Modern European Ideologies
Authors: Tibi Bassam
Published: August 2010

Islam is a faith as well as a cultural commitment. Whether Islam also provides a framework of political ideology is still questionable. Some sociologists employ the notion “the politicization of the sacred” to depict this claim. Ideology is a very modern notion that Muslim thinkers have adopted from Western culture. The suggestion of the Moroccan philosopher Lahbabi, at a conference of C.E.R.E.S., that the arabized term “fikrologia” be employed as a substitute for “ideology,” (in Arbaic:al-ideologiyya) nevertheless does not change this situation.
MATERNAL SOCIOECONOMIC AND DEMOGRAPHIC FACTORS ASSOCIATED WITH THE SEX RATIO AT BIRTH IN VIETNAM
Authors: PHAM BANG NGUYEN , ADAIR TIMOTHY , HILL PETER S.
Published: August 2010

In recent years Vietnam has experienced a high sex ratio at birth (SRB) amidst rapid socioeconomic and demographic changes. However, little is known about the differentials in SRB between maternal socioeconomic and demographic groups. The paper uses data from the annual Population Change Survey (PCS) in 2006 to examine the relationship of the sex ratio of the most recent birth with maternal socioeconomic and demographic characteristics and the number of previous female births. The SRB of Vietnam was significantly high at 111.4 (95% CI 109.7–113.1) for the period 1st April 2000 to 31st March 2006. Multivariate analysis reveals that sex of the most recent birth is strongly related with the number of previous female births. This association is consistent across different socioeconomic and demographic groups of women. Given the high SRB in Vietnam, further research into the reasons for high SRB in these groups is required, as are intervention programmes such as those raising the public awareness of its negative consequences.
Bridging community associations in post-conflict Burundi: the difficult merging of social capital endowments and new ‘institutional settings’
Authors: Vervisch Thomas , Titeca Kristof
Published: August 2010

Associations have been labelled the main ‘building blocks’ for creating social capital. It has been argued that community associations need to transform ‘bonding’ into ‘bridging’ ties to ‘reach out’ while also creating ‘linking’ ties to ‘scale up’. External development actions follow a reverse logic in promoting these associations: they assume that linking ties with the external intervener will reinforce prior social capital endowments. This article highlights the inherent difficulties of such a ‘social engineering’ approach in the context of post-conflict reconstruction, describing three development interventions in the north of Burundi. It defines the process of ‘institutional syncretism’ – merging local with global institutional settings – as a key element to social capital building. The findings illustrate how the three interventions failed to reach this objective, and question ‘bridging’ associations as ‘universal blueprints’ for restoring social cohesion within the liberal peace model for post-conflict reconstruction.
Dialect divergence and convergence in New Zealand English
Authors: Babel Molly
Published: August 2010

Recent research has been concerned with whether speech accommodation is an automatic process or determined by social factors (e.g. Trudgill 2008). This paper investigates phonetic accommodation in New Zealand English when speakers of NZE are responding to an Australian talker in a speech production task. NZ participants were randomly assigned to either a Positive or Negative group, where they were either flattered or insulted by the Australian. Overall, the NZE speakers accommodated to the speech of the AuE speaker. The flattery/insult manipulation did not influence degree of accommodation, but accommodation was predicted by participants' scores on an Implicit Association Task that measured Australia and New Zealand biases. Participants who scored with a pro-Australia bias were more likely to accommodate to the speech of the AuE speaker. Social biases about how a participant feels about a speaker predicted the extent of accommodation. These biases are, crucially, simultaneously automatic and social. (Speech accommodation, phonetic convergence, New Zealand English, dialect contact)*
“I am Maasai”: Interpreting ethnic parody in Bongo Flava
Authors: Thompson Katrina Daly
Published: August 2010

In the Tanzanian Bongo Flava youth music scene, Abel Motika is a popular artist who uses both verbal and visual markers of Kisongo Maasai ethnicity to style himself as “the Maasai rapper” with the stage name “Mr. Ebbo.” Through analysis of his 2002 song “Mi Mmasai” ‘I am Maasai’, this study investigates his ethnic stylizing in playful use of Maa pronunciation and an understudied Swahili language game known as kinyume ‘backwards style’. The study finds that while Ebbo strategically disrupts the sociolinguistic order that privileges Standard Swahili, the Maasai persona he projects is humorously stylized as unable both to speak Standard Swahili and to engage with the urban lifestyle associated with Tanzania's de-ethnicized Swahili modernity, thereby leaving dominant ideologies of language and ethnicity intact. Moreover, in arguing that Motika's stylization of ethnicity has a contradictory effect, both affirming a local ethnic identity and preserving the logic of ethnolinguistic stereotyping, the study critiques approaches to hip hop that privilige authorial intent and assume linguistic subversiveness. (Swahili, Maa, Bongo Flava, parody, ethnicity, rap, kinyume)*
Reconstructing labor income shares in Argentina, Brazil and Mexico, 1870-2000
Authors: Frankema Ewout
Published: August 2010

The labor income share in national income is a good indicator of the extent to which the working classes are able to reap the fruits of economic growth or, conversely, bear the burden of economic stagnation. This paper aims to reconstruct the labor income share of Argentina, Brazil and Mexico in a three-sector framework, including the rural, the urban formal and the urban informal sectors. We find that in all three countries the share of labor earnings peaked in the middle of the 20thcentury. Fluctuations in the Brazilian and Mexican labor income shares were large, with a sharp decline in the post-1961 and post-1976 periods, respectively. In Argentina, the labor income shares tended to be more constant at levels around 50 per cent, testifying to a more stable and egalitarian distribution of income.
Summary Conviction and the Development of the Penal Law
Authors: Landau Norma
Published: August 2010

Bruce Smith's article, “The Presumption of Guilt and the English Law of Theft, 1750–1850,” has a highly intriguing argument. While I do not agree with that argument, it is nonetheless very helpful in identifying questions fundamental to characterization of what Smith terms the “Bloodless Code”—the eighteenth-century laws authorizing summary conviction, laws that, as Smith states, were a striking feature of the Hanoverian legal regime.
The Historiography of Difference
Authors: Parker Kunal M.
Published: August 2010

Within the truly prodigious outpouring of self-consciously “post-colonial” scholarship on colonial India since 1980, it is little exaggeration to state that the ontology of colonialism has been figured as difference: its production, its management, its transgression, and its obtrusion. This is the case whether the scholar's disciplinary affiliation has been anthropology, history, literary studies, politics, or sociology and whether or not the scholar has been formally associated with the now-famous Subaltern Studies series. This is also the case whether the specific subject at hand has been caste or gender, nationalism or communalism, peasants or workers, state or non-state practices, elite or non-elite discourses, formal or informal knowledges, histories or memories.
A History of the Present
Authors: Mukherjee Mithi
Published: August 2010

In his comments Kunal Parker has framed my article within what he calls the “ontology of colonialism as difference.” He argues that my article “fits squarely” within a “self-consciously postcolonial scholarship” that in recent decades has been centrally concerned with “the rendering of colonialism as difference.” My research in this article, however, was neither inspired nor guided by the historiography of difference. Indeed Parker's framing of my article in these terms prevents him from seeing the most important claims in it. If I were to characterize the nature of my essay in terms of a genre of historiography, I would place it in the genre of the history of the present. My aim in this article, which is part of a larger project, was to make the postcolonial political formation in India intelligible in the light of its pre-independence historical origins. While most historians of modern India terminate their research at 1947, the year of India's independence, assuming postcolonial political development to be inaccessible to historical research, most studies by political scientists have taken 1947 as their point of departure, as if the postcolonial political formation had emerged fully formed without any history. My larger project seeks to break through this historiographical barrier and make postcolonial India accessible to historical research.
Context in History and Law: A Study of the Late Nineteenth-Century American Jurisprudence of Custom
Authors: Parker Kunal M.
Published: August 2010

Lawyers have long been depicted as having a conflicted relationship to that modern style of contextual thought we call “history.” Their efforts to think about law have been alternately lauded for contributing to, and criticized for falling short of, a full-fledged historical consciousness.
Nothing But Liberty: Somerset's Case and the British Empire
Authors: Hulsebosch Daniel J.
Published: August 2010

George Van Cleve places Somerset's Case squarely in the middle of Britain's imperial history. It belongs there. After clarifying the “narrow” holding in the case—that Charles Stewart could not forcibly remove James Somerset from England—Van Cleve argues that Chief Justice Mansfield and his Court of King's Bench “creat[ed] a new legal framework for slavery” and “did so quite knowingly at the price of undercutting the legal, economic and moral basis of slavery as an institution throughout the Atlantic Empire.” This argument that Somerset's Case transformed slavery law throughout the British Empire rests on three claims. First, Van Cleve views Somerset's Case as an imperial conflict of laws case because it involved a conflict between the laws of two royal territories, England and Virginia. Second, Van Cleve contends that Mansfield intended the decision and his remarks accompanying it about the positive law foundation of slavery to have abolitionist effects. Finally, these two points are related: Mansfield drew a distinction “between English and colonial law on slavery” in order to undermine slavery across the empire.
Imperial Politics and English Law: The Many Contexts of Somerset
Authors: Paley Ruth
Published: August 2010

One might have thought that after nearly 250 years there would be nothing left to discuss about what Lord Mansfield did or did not intend to say when he delivered his ruling in Steuart v. Somerset. Yet, as Van Cleve's essay shows us, Mansfield's words continue to provide fertile ground for scholarly investigation. Sadly, this is almost certainly because Somerset continues to resonate in contemporary American society for reasons that are as much about perceptions of racism and black heritage as about the plight of Somerset himself.
Rule of Law in a Brave New Empire: Legal Rhetoric and Practice in Manchukuo
Authors: Dubois Thomas David
Published: August 2010

An inquiry into law in Manchukuo might seem, at first glance, to be something of an oxymoronic task. The state itself was created in clear contravention to international law, and when the investigation of the Lytton Commission stated as much in 1933, Japan walked out of the League of Nations, the closest the world had to an international arbitrational body at the time. Within Japan itself, the creation of Manchukuo could be considered the point of no return in the march toward wartime militarism. After this event, arbitrary and military power ran roughshod over civilian institutions of governance, so much so that some scholars of Japanese legal history characterize the period as the “collapse of the legal system” (hō teisai hōkai).
Law, Empire, and Historiography of Modern Sino-Western Relations: A Case Study of theLady HughesControversy in 1784
Authors: Chen Li
Published: August 2010

From 1843 to 1943, the regime of extraterritoriality in China operated to exempt not just diplomats but also other citizens of Western empires from Chinese law and jurisdiction without granting the Chinese in the West reciprocal privileges. This was a milestone in international law and relations; it also had a long-lasting impact on the trajectories of modern Chinese history. On the one hand, the Treaties of Nanking (Nanjing) in 1842 and Bogue (Humen) in 1843, signed in the aftermath of the First Opium War (1839–42), marked the first institutionalization of British extraterritorial privileges in East Asia. Through treaties in 1844, the United States and France also secured such privileges in China and established their imperial prestige in the Asia-Pacific. These practices prompted revision of international law treatises and set the pattern for Western dealings with Asian countries for the century to come. On the other hand, from the late nineteenth century on, attempts to abolish foreign extraterritoriality continued to be a most powerful rallying call among the Chinese to “modernize”/“Westernize” their legal and political systems to regain sovereignty and international respectability.
Is Modern Liberty Ancient? Roman Remedies and Natural Rights in Hugo Grotius's Early Works on Natural Law
Authors: Straumann Benjamin
Published: August 2010

The Dutch humanist Hugo Grotius (1583–1645) is widely acknowledged to have made important contributions to an influential doctrine of individual natural rights. In this article I argue that Grotius developed his rights doctrine primarily out of normative Roman sources, that is to say Roman law and ethics. If this Roman tradition has been as central to Grotius's influential writing on natural rights as I claim, why has it not received more scholarly attention? The reasons lie in the view that while rights are constitutive of modern liberty, they were unknown in classical antiquity.
The Lost Record of Pierson v. Post, the Famous Fox Case
Authors: Fernandez Angela
Published: August 2010

Pierson v. Post is usually used in law school classrooms to introduce law students to the complexities of establishing possession in property law. The published appellate-level opinion is widely available from commercial judgment database services and has been reproduced in countless law school casebooks, with a first-page pride of place given to the case in such collections since at least 1915. In the words of one scholar, “[m[ost [property law] casebooks begin at the beginning by considering the original acquisition of property. Almost all books suggest possession is the root of title … A favorite place to start is the old case of Pierson v. Post.” According to another, Pierson v. Post is “the perfect case for giving students a taste of what it means to ‘think like a lawyer.’” It is an “old chestnut” if ever there was one. Indeed, it would be difficult to overstate the extent to which the case has been the subject of scholarly commentary.
Judicial Free Speech versus Judicial Neutrality in Mid-Twentieth Century England: The Last Hurrah for the Ancien Regime?
Authors: Rubin Gerry R.
Published: August 2010

In mid-1950s Britain two significant events occurred in respect of the doctrine of judicial neutrality in that country. In the first, the Lord Chancellor of the day, Lord Simonds, had refused permission for the experienced and well-known senior judge advocate, Lord Russell of Liverpool, to publish his sensational history of Nazi war crimes,The Scourge of the Swastika, so long as he (Russell) continued to hold judicial office. For Simonds was insistent that the judiciary must keep their counsel on virtuallyanymatter outside the courtroom, a view shared both by his immediate Labour government predecessor, Lord Jowitt, and by his Conservative government successor, Lord Kilmuir. After a public standoff when neither side would give way, the deadlock was broken when Russell, rather than risk being sacked for disobedience, chose to resign his judicial office to a fanfare of publicity in the press and duly published his book shortly thereafter. Moreover, what lent the Russell confrontation an added edge was not just Simonds's complaint that the book could be perceived as anti-German and, therefore, as political. It was that publication at that time could have a damaging effect upon Britain's policy of rehabilitating West Germany within the Western alliance.
Sovereign Silences and the Voice of War in the American Conflict over Slavery
Authors: Holland David F.
Published: August 2010

Various students of constitutional law have proposed a negative relationship between the possibility of formal amendment and recourse to informal construction. They suggest that if formal amendatory appeal to the sovereign People seems excessively difficult, a constitutional culture will more readily tolerate expansive interpretations or simple political action as mechanisms of change and clarification. Conversely, if the processes of amendment sufficiently allow the People to clarify or alter their own original charter, a constitutional culture will manifest less willingness to let judges and politicians put words in their mouths. The basic thrust of such constitutional logic is that, where reasonably possible, sovereigns will speak for themselves.
From International Law to Imperial Constitutions: The Problem of Quasi-Sovereignty, 1870–1900
Authors: Benton Lauren
Published: August 2010

The roots of the international legal order have often been traced to intertwining scholarly and political traditions dating back to the early seventeenth century, in particular to early writings in international law and the rise of the nation-state in Europe. Recent scholarship has attacked this narrative from many angles. One approach has been to reexamine early modern European politics and discourse, in particular questioning whether, for example, the publication of Grotius's writings, or the Peace of Westphalia, functioned as a foundational moment in the history of the interstate order. A second, complementary approach has been to broaden the history of global order to encompass inter-imperial politics, including the legal relations of imperial powers and indigenous subjects. The two projects have been occasionally combined in efforts to trace the impact of imperial politics on trends in international law.
The Origins of the Concept of Belligerent Occupation
Authors: Benvenisti Eyal
Published: August 2010

The contemporary international law of occupation, which regulates the conduct of occupying forces during wartime, was framed over the course of deliberations among European governments during the second half of the nineteenth century. The debates between representatives of strong and weak powers on this matter dominated the conferences in Brussels (1874) and The Hague (1899), whose goal was to formulate the laws of war through an international agreement. The outcome, enshrined in what is known as the Hague Regulations of 1899,1 represented a delicate balance that both provided protection for a civilian population brought under the control of an occupant and safeguarded the interests of the ousted government for the duration of the occupation. Occupation was conceived of as a temporary regime existing until the conclusion of a peace agreement between the enemy sides (unless the defeated party ceased to exist as a result of the war, a situation referred to as debellatio). The evolution of the law of occupation in the nineteenth century was a gradual process, shaped by changing conceptions about war and sovereignty, as well as by the balance of power emerging in Europe.
A New Deal for the Nuremberg Trial: The Limits of Law in Generating Human Rights Norms
Authors: Borgwardt Elizabeth
Published: August 2010

This article distills several arguments from a larger book project, framed as an international history of the idea of crimes against humanity, with the 1945–46 Nuremberg trial serving as a fulcrum. The project as a whole first traces the origins of the idea of a “crime against humanity,” before this concept was crystallized in the Nuremberg charter; followed by a large central section on the unfolding of the Nuremberg trials themselves; with a concluding section on some of the post-Nuremberg legacies of these ideas. This article draws on material from all three sections, but focuses on how we might understand the politics of the flagship Nuremberg trial itself, as opposed to its antecedents or longer-term legacies.
Managing the Gallows: The Bank of England and the Death Penalty, 1797–1821
Authors: McGowen Randall
Published: August 2010

Over thirty years ago Douglas Hay began his influential essay, “Property, Authority and the Criminal Law,” with the unsettling claim that “the rulers of eighteenth-century England cherished the death sentence.” He went on to offer a major reinterpretation of eighteenth-century justice, one with wide-ranging implications for how we understand English society in that period. The gallows, Hay argues, was meant to inspire terror. The passage of a large number of capital statutes spoke of the resolve of the ruling class to defend its property with the most extreme of measures. Yet the ultimate sanction was used sparingly. Hay's most important insight was to note the role of discretion in the operation of eighteenth-century justice. The choice not to impose death was as important as the occasions when offenders died. The elite deftly exploited these opportunities. The mercy dispensed by the Crown not only presented a more benign image of authority, it also taught the lessons of patronage and deference that instructed the lower orders in the proper attitude to take toward their social superiors. Thus justice worked more powerfully than religion to create legitimacy for the existing order.
In the Public Interest: Charitable Association, the State, and the Status ofutilité publiquein Nineteenth-Century France
Authors: Adams Christine
Published: August 2010

In her work on the bourgeois male of the nineteenth century, Carol E. Harrison argues that “Although French law made no distinction between male and female associations, administrative practice ignored women in groups.” Most historians accept this point of view—that French administrators generally ignored the associational activities of women, and, indeed, most female groups appear to have garnered little notice from authorities. While Annie Grange suggests that this may be because so few female as-sociations existed throughout much of the nineteenth century, Catherine Duprat has uncovered numerous female societies, especiallysociétés de bienfaisance, many of which received more generous treatment from municipal and national officials than their male counterparts. However, she suggests that their official “silence”–the absence of general assemblies and frequent publications, as well as their careful cultivation of the traditional, non-threatening image ofdames de charité—kept these associations largely out of public view. Furthermore, for the most part, those female associations that did exist lacked visible political and financial clout.
Gloria's Story: Adulterous Concubinage and the Law in Twentieth-Century Guatemala
Authors: Wertheimer John W.
Published: August 2010

Gloria Peralta and Julio Díaz (not their real names) started living together, sort of, early in 1963, in Quetzaltenango, Guatemala. She was single. He was married to another woman. He was thirty-six. She was fourteen. In Gloria's words, she and Julio “lived together maritally” for several years and produced two children. But Julio neither divorced nor left his wife. Instead, he split time between the household containing his wife and three children and the one containing his concubine (Gloria) and two children.
He Said, She Said: Gender, Reformism, and Family Conflict in Twentieth-Century Guatemala
Authors: Bliss Katherine E.
Published: August 2010

Hetold the court that twenty-year-old Gloria abandoned their children and the home they had made together in Quetzaltenango in order to move to Guatemala City and live with another man.

Shetold the court that forty-two-year-old Julio had refused to divorce his wife and marry her as he had promised and that she had made sure the children were safe with their father before she departed for the city to pursue a better life for herself.
Gloria's Story and Guatemala's Faith: Adulterous Concubinage, Law, and Religion
Authors: Mirow M. C.
Published: August 2010

John Wertheimer, the author of “Gloria's Story,” has produced a complex and absorbing text that skillfully guides the reader through the microhistory of Gloria's concubinage to an enhanced appreciation of the greater legal, social, and institutional forces at play in mid-twentieth century Guatemala. Using Gloria's story to shift into more general observations about law and society in Guatemala, Wertheimer states that laws can “affect behavior by establishing incentives and disincentives for different types of action and by reinforcing or undermining different values.” Wertheimer reads the legal records involving Gloria and her family to write her story from the dominant critical perspective of gender and class. He notes the way in which class distinctions played into the creation and maintenance of concubinages and the manner in which gender stereotypes bolstered such institutions. It is all exacting yet comfortable stuff for us to read. “Yes, yes, of course, exactly” we nod as we read of the individual and institutional gendered oppression meted out on Gloria and her children by Julio and the state. Nonetheless, Wertheimer's analysis delves deeper: Gloria may have gained in status and stability through her concubinage, and liberal reforms such as decriminalizing adultery and casting out distinctions between legitimate and illegitimate children may have had the unintended consequence of strengthening the institution of adulterous concubinage.
The FederalPosse ComitatusDoctrine: Slavery, Compulsion, and Statecraft in Mid-Nineteenth-Century America
Authors: Rao Gautham
Published: August 2010

In antebellum America, as in pre-industrial England, it was commonplace to witness civilians accompanying sheriffs and justices, scouring the countryside in search of scoundrels, scalawags, and other law-breakers. These civilians were theposse comitatus, or uncompensated, temporarily deputized citizens assisting law enforcement officers. At its core, theposse comitatuswas a compulsory institution. Prior to the advent of centralized police forces, sheriffs and others compelled citizens to serve “in the name of the state” to execute arrests, level public nuisances, and keep the peace, “upon pain of fine and imprisonment.” Despite its coercive character, though, thepossewas widely understood as one among many compulsory duties that protected the “public welfare.” Americans heeded the call to serve in localposses, explained jurist Edward Livingston, because of communal “ties of property, of family, of love of country and of liberty.” Such civic obligations, wrote Alexis de Tocqueville in 1835, illustrated why Americans had such a pressing “interest in … arresting the guilty man.” At once coercive and communitarian, lamented Henry David Thoreau, theposse comitatusexemplified how those that “serve the state … with their bodies,” were “commonly esteemed good citizens.”
Scottish Common Sense and Nineteenth-Century American Law: A Critical Appraisal
Authors: Mikhail John
Published: August 2010

One overriding concern I have with Susanna Blumenthal's insightful and stimulating article, “The Mind of a Moral Agent: Scottish Common Sense and the Problem of Responsibility in Nineteenth-Century American Law,” is whether there is anything sufficiently distinctive about Scottish Common Sense philosophy that justifies the role Blumenthal ascribes to it. In a representative passage, she writes:

Common Sense philosophy left would-be “moral managers” with a puzzle. If rational and moral faculties were innate and universal, what explained the great conflicts among men concerning matters of belief, manners, and morals … leading some to commit acts that were … patently irrational or downright evil? And to the extent that therewasa common sense about the dictates of reason, propriety, and moral sense, why did some individuals act in defiance of them?
Metaphysics, Moral Sense, and the Pragmatism of the Law
Authors: Blumenthal Susanna L.
Published: August 2010

The authors of these insightful and stimulating commentaries all express skepticism about the role I assign to the Scottish Common Sense philosophy in my historical analysis, though their reasons for doing so are strikingly at odds with each other. Sarah Seo and John Witt concede the importance of the Common Sense philosophy at a theoretical level, even as they call attention to certain “competitor theories” of human nature, noting that these darker views of the self may have proved more influential in the framing of the American constitution. However, they go on to contend that all of this philosophizing about the human mind was actually of little consequence in the everyday adjudication of civil and criminal liability, as judges found more practical means of resolving “the otherwise intractable questions of moral responsibility” left unanswered by the Scottish philosophy. John Mikhail, by contrast, appears to be far more sanguine about the tractability of these questions, from a philosophical standpoint, going so far as to suggest that they were more or less resolved by British moralists before the Scottish Common Sense school even came into being. What truly set the Common Sense philosophers apart from their predecessors, and ought to determine their place in this history of ideas, Mikhail concludes, was the manner in which they contributed to the scientific process of tracing out the inner structure and innate capacities of “the moral mind”—a topic that is currently of intense interest in the cognitive and brain sciences.
Bringing the Law Back into the History of the Civil Rights Movement
Authors: Mack Kenneth W.
Published: August 2010

It is a pleasure to comment on Nancy MacLean's hugely important bookFreedom is Not Enough: The Opening of the American Workplaceas an example of what I might call “bringing the law back in” to the history of the civil rights movement. A generation ago, the idea that law needed to be introduced into this history would have seemed nonsensical. At that time, law provided one of the central touchstones in the historical narrative of the struggle for racial equality in American life. Scholarship in this area built on C. Vann Woodward's pioneering work on the rise of Jim Crow, which itself was written shortly after Woodward's participation in theBrown v. Board of Educationlitigation. The dominant narrative began with the legal construction of Jim Crow in the late nineteenth century and continued with the founding of the NAACP. Other actors came along at various points in the story, prominent among them New Deal–era racial liberals, World War II–era activists, midcentury social scientists, Southern civil rights leaders and movements, and eventually black power. The end point was marked by the litigation and legislative victories of the 1950s and '60s, which finally wrote back into law what had been taken away by segregationist white Southerners and a compliant Supreme Court in the late nineteenth century. The implicit methodological take on law was that state and federal statutes, as well as court decisions, provided an important impetus, or at the very least a validation, for racial change—first for white Southerners as they created the Jim Crow legal regime and later for segregation's opponents as they reinscribed racial equality onto the core narrative of American life.
The Painful Question: The Fate of Judicial Torture in Early Modern Sweden
Authors: Pihlajamäki Heikki
Published: August 2010

Three decades ago, John Langbein published an influential book on medieval and early modern judicial torture. Before Langbein, Enlightenment philosophers such as Beccaria and Voltaire had traditionally been credited with the final abolition of judicial torture in the leading European states during the latter part of the eighteenth century. Langbein dismissed the traditional explanation as a “fairy tale,” claiming that the use of torture had in fact declined in major European countries since the sixteenth and seventeenth centuries, well before its formal abolition. In the medieval statutory or Roman-canon theory of proof, judicial torture was originally designed to produce confessions in cases of serious crime in which “full proof” in the form of confession or two eyewitnesses was needed to convict. The argument that Langbein advanced is that the emerging new modes of punishment for serious crime, such as forced labor, transportation, and imprisonment, enabled European criminal courts to take full advantage of the medieval legal institution of extraordinary punishment,poena extraordinaria, which could be imposed without confession if the evidence was otherwise convincing. Extraordinary punishment was by definition something else than the ordinary punishment, usually less than capital punishment. In practice this meant milder punishment on less evidence. Langbein's pivotal point is that the rise of the extraordinary punishment rendered torture unnecessary in many cases, although it still remained legal. Causing a revolution in the law of proof, free judicial evaluation of evidence thus in fact developed alongside the old statutory theory of proof, which now lost its monopoly.
Medical Humanities: An E-Module at the University of Manchester
Authors: GIORDANO SIMONA
Published: August 2010

The importance of humanities in the medical curriculum is increasingly recognized. For example, in the United Kingdom, The General Medical Council (GMC), which is an independent body established under the Medical Act 1858 and responsible, among other things, for fostering good medical practice and promoting high standards of medical education, in its publication Tomorrow’s Doctors, encouraged inclusion of humanities in the medical curriculum. Literature, arts, poetry, and philosophy are thought to foster the doctors’ ability to “communicate with patients, to penetrate more deeply into the patient’s wider narrative, and to seek more diverse ways of promoting well being and reducing the impact of illness or disability.”
What Health Science Students Learn from Playing a Standardized Patient in an Ethics Course
Authors: HADDAD AMY
Published: August 2010

Formal teaching of ethics in health science programs at the entry level and postprofessional level in the United States and Canada has been documented in the professional literature for more than 30 years, yet there are significant differences in the way it is taught and how much time is devoted to the subject. Numerous teaching and evaluation methods have been used in ethics education, such as lectures, written examinations, debates, role-playing, small group discussion, and case study analysis. Most instruction in ethics in the health sciences has been geared toward ethical analysis of case studies, that is, the student is asked to read a case or discuss a case with others, identify the ethical issues verbally or in writing, propose different resolutions supported by principles and theory, and select the best course of action. Yet, analysis of a case is an unlikely route to develop skills in coping with the uncertainty and emotional nature of ethical issues commonly encountered in clinical practice, nor does it give us an indication of what students would “really do” when they encounter an actual ethical problem.
Commentary: Complexities in Cultural Communication
Authors: Jonsen Albert
Published: August 2010

Although this case raises what are commonly called “cultural issues,” it does so in two rather different ways: first, an explicit question of what Shari’a, or Islamic law, teaches regarding bodily mutilation and, second, the most appropriate manner of conveying information in the idiom of the culture. It is necessary for an ethics committee or consultant who is dealing with such a case to obtain accurate information and, if possible, to ascertain how best to communicate that information.
Commentary: Mrs. J—Culture and Healthcare Ethics Committees
Authors: Stone John R.
Published: August 2010

The heart-rending story of Mrs. J raises many complex ethical issues. Key elements include suffering, disagreement, culture, religion, perspective, and facts. Overarching concerns include whose voices and stories should count, the connection of pain with suffering, and how healthcare ethics committees should respond.
Practical lessons for successful long-term cropping systems experiments
Authors: Schillinger William F.
Published: August 2010

Many lessons in long-term cropping systems experiments are learned from practical experience. I have conducted large-scale, long-term, multidisciplinary dryland and irrigated cropping systems experiments with numerous colleagues at university and government research stations and in farmers' fields in the USA and in developing countries for 25 years. Several practical lessons learned through the years are outlined in this short commentary. While some of these lessons learned may be intrinsically obvious, results of many cropping systems experiments have not been published in scientific journals due to fatal flaws in experimental design, improper transitioning between phases of the experiment and many other reasons. Ongoing active support by stakeholders is critical to maintain funding for long-term cropping systems studies. Problems and unexpected challenges will occur, but scientists can often parlay these into opportunities for discovery and testing of new hypotheses. Better understanding and advancement of stable, profitable and sustainable cropping systems will be critical for feeding the world's projected 10 billion people by the mid-21st century.
Modelle der Substanzabhängigkeit
Authors: Martin-Soelch C.
Published: August 2010

Neurobiologische Modelle der Substanzabhängigkeit postulieren, dass Abhängigkeit aus einem Zusammenspiel zwischen positiver und negativer Verstärkung entsteht. Die positive Verstärkung wird über die dopaminerge Transmission im Striatum vermittelt, während die negative Verstärkung die neurobiologischen Stresssysteme involviert. Abhängigkeit geht mit lang anhaltenden Änderungen der zerebralen Motivationssysteme einher. Neuropsychologische Forschungsarbeiten weisen auf ein beeinträchtigtes Entscheidungsverhalten hin, welches mit einer Dysfunktion im ventromedialen präfrontalen Kortex zusammenhängen könnte. Sie betonen die Rolle der Insula, welche die neuronale Grundlage für die fehlende Einsicht ins problematische Suchtverhalten als auch für die Vermittlung des bewussten Drangs, die Substanz zu konsumieren, sein könnte. Neurobiologische und neuropsychologische Sichtweisen werden in einem Modell integriert, das impulsive subkortikale und dopamin-bezogene Prozesse mit einer Beeinträchtigung der kortikalen Hemmung und kognitiven Defiziten verbindet.