bluuebunny/crossref_metadata_2025 huggingface dataset:
Does Restitution for Wrongdoing Give Effect to Primary or Secondary Rights?
Authors: Al-Tawil Tareq
Published: July 2016

There are two main and quite distinct contractual interests or rights constitutive of a contract. First, the interest in securing the contracted-for performance; secondly, the interest in ensuring, if that performance is not completely (but substantially) secured or not secured at all, that one is not left worse off as a result thereof. The claimant can bring a claim to give effect to his performance interest and/or can bring a claim to give effect to his compensation interest. It can be argued, however, that in some cases both the claimant’s performance interest and his compensation interest cannot be protected, and the defendant has obtained a profit from his wrongful breach of contract. This article suggests that in such cases a secondary right does not always mean that the defendant who infringes a primary duty has to make good the claimant’s pecuniary loss. It may require the defendant to surrender to the claimant the profits made from his wrongful breach. In such a case, it is a secondary right to restitution rather than compensation. The claimant’s compensation interest is here replaced with a restitution interest. This article explains why the defendant in such cases should surrender to the claimant, rather than the state (or anyone else), the benefit obtained through his wrongful breach of contract. Three additional scenarios will also be envisaged to capture the wide range of possible outcomes that may result from the defendant’s breach of his primary duty to perform and how they should be tackled. First, the claimant’s primary performance interest can no longer be protected and the defendant has caused a financial loss to the claimant and obtained a profit from his breach of contract. Second, a specific performance or cost of cure award addresses substantially the claimant’s primary performance interest, but despite that, the defendant has obtained a benefit from the breach without causing the former any financial loss. Third, a specific performance or cost of cure award addresses substantially the claimant’s primary performance interest, but despite that, the defendant has caused a loss to the claimant and obtained a profit from his breach of contract.
The Limits of Criminal Culpability
Authors: Thornton Mark
Published: July 2016

The authors of Crime and Culpability hold a subjectivist theory of criminal culpability according to which the core concept in culpability is subjective recklessness, negligence is not culpable, and it is irrelevant to culpability whether or not a criminal act results in harm. I argue against these three theses and criticize the authors’ views on the structure of criminal law, criminal defences, criminal attempts, and codification.
Private Property and Tax Policy in a Libertarian World: A Critical Review
Authors: Duff David G.
Published: July 2016

The idea that taxes involve the confiscation of private property is widely held in popular thinking and scholarly writing. This article challenges the libertarian foundations of this assumption by critically examining libertarian theories of private property and their implications for tax policy. Part II summarizes the leading libertarian theories of private property, reviewing John Locke’s argument in the Second Treatise of Government and Robert Nozick’s account in Anarchy, State, and Utopia. Part III examines the implications of these libertarian theories for tax policy, considering libertarian prescriptions for substantive tax measures as well as institutional arrangements that affect tax policy outcomes. Part IV criticizes libertarian theories of private property, casting doubt on tax thinking that relies on these libertarian foundations. Part V considers the implications of this critique for tax policy and tax scholarship.
The Self and Strong Legal Theory: A Heideggerian Alternative to Fish’s Scepticism
Authors: Byrne Gavin
Published: July 2016

This essay concerns the question of whether it is possible to have an account of what judges ought to do when they decide cases if one accepts Stanley Fish’s thesis that man is a socially constructed creature, who can only see the world around him in terms of the practice that he is involved in. It puts forward the view that such a position is defensible, provided that one makes different metaphysical commitments to the ones made by Fish. It is argued that Fish is best understood as a metaphysical idealist. The essay seeks to demonstrate that Martin Heidegger’s conception of the self and interpretation are similar to those of Fish, but that, when understood as involving a commitment to metaphysical realism, Heidegger’s philosophy can hold the possibility of strong legal theory open in a way that Fish’s cannot. Michael S. Moore’s natural law position is used in order to articulate what such a position might be. Moore’s example of what a judge ought to do if called upon to define ‘death’ as a concept is used to illustrate the difference between Fish and Heidegger when it comes to metaphysics and strong legal theory, despite their similarities when it comes to an account of interpretation and of the self.
Comparative History and the Internal View of French, German, and English Private Law
Authors: Valcke Catherine
Published: July 2016

This Article explores the different intellectual and socio-political contexts that attended the emergence of the French, German, and English legal systems with a view to understanding French, German, and English private law from the perspective of the participants in these systems. The French legal system is a child of the Cartesian dualism that marked the Age of Reason, according to which the material world can and ought to be fully dominated by the human intellect. This conception of the relation of facts to ideas arguably is reflected in the structure and design of the French civil code, in such institutional features as the French conception of the role of the judge, as well as in the tendency of French jurists to view contractual consent subjectively. In contrast, the German legal system congealed at a time when Cartesian dualism was losing ground to German idealism. The dialectic conception of facts and ideas favoured by the German idealists arguably made its way into several institutional features of the German legal system, including the content of the BGB, the codification process, the conception of the role of the judge, the style of judicial decisions, and the greater inter-penetration of public and private law. It may also partly explain why German jurists have tended to view contractual consent as simultaneously objective and subjective. Finally, whereas both the French and the German legal systems emerged from highly intellectual contexts, the English legal system grew from a maize of pragmatic political and administrative considerations that left little room for explicit ideas. The emphasis on hard facts still is palpable in many aspects of contemporary English law, in particular, the doctrine of stare decisis, the conception of the judicial function, and the mode of reasoning by analogy. It arguably also is reflected in the tendency of English judges to privilege the objective conception of contractual consent.
Some Questions for the United Kingdom’s Republican Constitution
Authors: Geddis Andrew
Published: July 2016

This book provides an important addition to the debate about the nature and normative basis for the United Kingdom's constitutional ordering. It combines a strong argument against moves to adopt forms of "legal constitutionalism" with a defence of the country's existing "political constitution", one sourced in the ideals of republican government. This critical review explores the structure of Tomkins' claims, and raises three questions about how they might apply to certain aspects of the United Kingdom's constitutional order: the place of a republican United Kingdom in an increasingly integrated Europe; the place of the courts in a republican constitutional order; and the role of political parties in a republican parliament.
Problems of theStufenbaulehre: Kelsen’s Failure to Derive the Validity of a Norm from Another Norm
Authors: Jakab András
Published: July 2016

TheStufenbaulehreis a central and founding element of the Pure Theory of Law (PTL).Most of the criticism ofStufenbaulehretargets the idea of the basic norm (Grundnorm), however unjustified. This criticism stems from a misunderstanding of the presumptive character of the basic norm and of the whole legal order. Others have criticised the relativisation of the difference between individual and general norms, Kelsen’s monism, and the determination of the validity of a norm by a single other norm. This can be refuted as well - either because their critique does not concern an essential part ofStufenbaulehre(monism), or becauseStufenbaulehrecan be saved by making a small modification to it. However, there is one lethal criticism. It concerns the founding thought of the wholeStufenbaulehre, i.e., the derivation of validity. In a law-making process, there is never a derivation of validity: the logical result of a law-making process is only a norm saying “The new norm ought to be valid.” Whether the new norm is in fact valid, is a different issue which is not dealt with by the PTL. This has serious consequences: Without this derivationStufenbaulehrecannot survive, and withoutStufenbaulehre, PTL cannot survive either. Some valuable parts of PTL might be used in other legal theories, but these are nothing but transplanted organs from the dead body of PTL whose heart-Stufenbaulehre-can no longer keep the body alive.
Jurisprudence and Necessity
Authors: Priel Danny
Published: July 2016

Much of the work in contemporary jurisprudence is done on the assumption that legal philosophy should find the set of necessary and sufficient conditions that something must have in order to count as law. This essay challenges this view. It examines in detail two versions of this view: the first is the view that jurisprudence should find the necessary features of law and then, from among them, those that are “important” for understanding law. I argue that these two features are in tension with each other, and that there are good reasons for thinking that an account that tries to discover the important features about law will not limit itself only to those features that all laws necessarily possess. The second version is one that tries to discover what necessarily belongs to “our” concept (or practice) of law by looking at those features that participants in the practice of law deem most important about it. I argue that this argument is indeterminate because it has no non-circular standard of defining what belongs to “our” concept of law. I then offer an alternative role for jurisprudence that focuses on trying to solve certain puzzles about law, such as explaining how a social practice can create binding norms. Answering questions of legal philosophy does not require finding what features all laws necessarily possess while maintaining a role for jurisprudence alongside other interdisciplinary approaches to law.
Too Good to be True
Authors: Zucca Lorenzo
Published: July 2016

ConstitutionalGoods offers an ambitious constitutional theory that challenges basic liberal ideas such as the priority of basic liberties and the inevitable disagreement between competing conceptions of the right and the good. The book has two objectives: it attempts to widen, on the one hand, the list of constitutional goods that deserve priority over other interests. On the other, it tries to bring competing conceptions of the right and the good together under an overarching umbrella defined as the 'inclusive conception'. This article attempts to show that, despite the valuable and ambitious effort,Constitutional Goodsis unlikely to convince everyone of its capacity for inclusiveness.
Judicial Minimalism and the Double Effect of Rules and Standards
Authors: Cohen-Eliya Moshe , Porat Iddo
Published: July 2016

The aim in this article is to explore the complicated connections between standards and letting go and between rules and control. Both constitute a central tenet of Justice Roberts’Grahamconcurrence, as well as a central tenet of the minimalist approach which he implicitly adopts. The tension within Roberts’ position is not conclusive. It may depend on the actual way one uses standards. If Roberts consistently uses standardsde factoin a deferential way, and signals that he will not intervene, he may be consistent with the approach. But the tension exists. Standards and minimalism do not always go hand-in-hand. Finally, the article questions the efficacy of minimalism as a workable judicial philosophy. Roberts is, after all, the first Justice who adopted minimalism whole-heartedly. The difficulties with the application of minimalism inGrahamand its inherent tensions revealed through this case raise some doubts as to the possibility that minimalism can move effectively from theory to actual judicial practice.
The Scope of the Participant’s Perspective in Joseph Raz’s Theory of Law
Authors: Gaido Paula
Published: July 2016

This article explores Joseph Raz’s methodological thesis about the conceptual priority of the participants of legal practices in the understanding of law. In particular, it contends that given the participant’s conceptual priority in the understanding of law we must conclude that legitimate authority is a necessary property of law. It argues that to maintain that a claim to legitimate authority is the necessary property of law, and not legitimate authority itself, as Raz does, we must abandon the participant’s perspective. It defends that Raz introduces his thesis of the claim to legitimate authority of law without further justification, and deprives it from support from a methodological point of view.
Fundamental Legal Conceptions Reconsidered
Authors: Halpin Andrew
Published: July 2016

Fundamental legal conceptions are considered in relation to the analytical concerns of Hohfeld and Bentham, and also in relation to the normative concerns of constitutional and common law protection of rights and liberties. The use of a square of opposition to expound fundamental conceptions is rejected in favour of “a triangle of possibilities”. It is argued that using this device helps to provide a clearer understanding of which conceptions may appropriately be recognised as analytically fundamental, and in turn avoids confusion over the normative treatment of practical situations that may arise through the designation of legal rights and liberties as “fundamental”. In particular, the nature of legal liberties, and the priority accorded to legal rights, are both questioned.
Martti Koskenniemi, the Mainstream, and Self-Reflectivity
Authors: D'ASPREMONT JEAN
Published: July 2016

This article argues that contemporary international lawyers all sing the same critical refrain but few have really confronted and integrated the critical attitude deployed in From Apology to Utopia. After the denial and perplexity of the first encounters with Martti Koskenniemi's work, international lawyers came to feel that they have domesticated the perplexity provoked by it. They now all enthuse about the new self-reflectivity that their victorious struggle with From Apology to Utopia supposedly allowed them to acquire. In sum, the contemporary self-proclaimed self-reflective international lawyers, after reading From Apology to Utopia, have returned to business as usual, continuing to let the discipline's vocabulary decide on their behalf.
From Apology to Utopia’s Conditions of Possibility
Authors: HASKELL JOHN
Published: July 2016

Martti Koskenniemi's From Apology to Utopia is (rightly) considered a classic in international legal theory. The study tracks the oscillation of international legal argument over hundreds of years to reconcile seeming incongruencies: legal reasoning does not provide determinacy, but it brings weighted direction to political conflict; legal categories are amorphous, yet also an autonomous field of study. Though not commonly engaged, the methodological and theoretical posture of the book is significantly informed by a theory of history. This article focuses on this historical element within the text as a means to analyze some of its central claims and situate it within a broader sociology of knowledge production particular to late twentieth century legal academia.
Common Purpose Liability Versus Joint Perpetration: A Practical View on the ICC's Hierarchy of Liability Theories
Authors: CUPIDO MARJOLEIN
Published: July 2016

On 7 March 2014, Trial Chamber II of the International Criminal Court (ICC) convicted Germain Katanga for war crimes and crimes against humanity. Katanga's conviction is based on the concept of common purpose liability as regulated in Article 25(3)(d) of the Rome Statute. This liability theory establishes criminal responsibility for wilfully or knowingly contributing to the crimes of a group of persons who act together pursuant to a common purpose. The ICC regards common purpose liability as a residual liability theory, which provides for a lower level of blameworthiness than principal forms of criminal responsibility, such as joint perpetration. This article appraises the residual and inferior status of common purpose liability by comparing the ICC's application of common purpose liability and joint perpetration. The comparison makes clear that common purpose liability in theory stipulates loweractus reusandmens reastandards than joint perpetration. However, in practice the ICC applies the requirements of both these liability theories in a context-dependent way in interplay with the particular facts of individual cases. It can therefore not be concluded in general terms that common purpose liabilityby definitionconstitutes a less serious type of criminal responsibility than joint perpetration. Instead, it is preferable to adopt a flexible approach, which recognizes that common purpose liability covers a variety of conduct entailing different levels of blameworthiness.
French Press Reactions to Hitler's First Two Years in Power
Authors: Soucy Robert J.
Published: July 2016

Why did fascism not succeed in France in the 1930s to the extent that itdid in Germany? Although the appeal of fascism increased dramatically in France between 1936 and 1938 as part of the backlash to the Popular Front, the fact remains that neither of France's two largest fascist movements – Colonel de La Rocque's Croix de feu/Parti social français and Jacques Doriot's Parti populaire française – came to power during this period. InFrench Fascism: the Second Wave, 1933–1939, one of the reasons (among several) that I gave for the relative failure of French fascism was the negative reaction of many French conservatives and Catholics to Hitler's repression of dissident German conservatives and Catholics in 1933 and 1934 – a reaction which indirectly diminished the potential appeal of homegrown fascism through guilt by association. Although I alluded to this reaction in my study, I did so without providing sufficient documentation. One of the purposes of this review of French press responses to Hitler's first two years in power is to correct that shortcoming.
Analytic Equivalence Relations and the Forcing Method
Authors: Zapletal Jindřich
Published: July 2016

I describe several ways in which forcing arguments can be used to yield clean and conceptual proofs of nonreducibility, ergodicity and other results in the theory of analytic equivalence relations. In particular, I present simple Borel equivalence relationsE, Fsuch that a natural proof of nonreducibility ofEtoFuses the independence of the Singular Cardinal Hypothesis at ℵω.
On Formalism Freeness: Implementing Gödel's 1946 Princeton Bicentennial Lecture
Authors: Kennedy Juliette
Published: July 2016

In this paper we isolate a notion that we call “formalism freeness” from Gödel's 1946 Princeton Bicentennial Lecture, which asks for a transfer of the Turing analysis of computability to the cases of definability and provability. We suggest an implementation of Gödel's idea in the case of definability, via versions of the constructible hierarchy based on fragments of second order logic. We also trace the notion of formalism freeness in the very wide context of developments in mathematical logic in the 20th century.
Young adults’ responses to alternative messages describing a sugar-sweetened beverage price increase
Authors: Gollust Sarah E , Tang Xuyang , White James M , French Simone A , Runge Carlisle Ford , Rothman Alexander J
Published: July 2016

Objective

Many jurisdictions in the USA and globally are considering raising the prices of sugar-sweetened beverages (SSB) through taxes as a strategy to reduce their consumption. The objective of the present study was to identify whether the rationale provided for an SSB price increase affects young adults’ behavioural intentions and attitudes towards SSB.

Design

Participants were randomly assigned to receive one of eight SSB price increase rationales. Intentions to purchase SSB and attitudes about the product and policy were measured.

Setting

A forty-six-item cross-sectional Internet survey.

Subjects

Undergraduate students (n 494) at a large US Midwestern university.

Results

Rationale type was significantly associated with differences in participants’ purchasing intentions for the full sample (F7,485=2·53, P=0·014). Presenting the rationale for an SSB price increase as a user fee, an effort to reduce obesity, a strategy to offset health-care costs or to protect children led to lower SSB purchasing intentions compared with a message with no rationale. Rationale type was also significantly associated with differences in perceptions of soda companies (F7,485=2·10, P=0·043); among low consumers of SSB, messages describing the price increase as a user fee or tax led to more negative perceptions of soda companies.

Conclusions

The rationale attached to an SSB price increase could influence consumers. However, these message effects may depend on individuals’ level of SSB consumption.
Declines in traditional marine food intake and vitamin D levels from the 1960s to present in young Alaska Native women
Authors: O’Brien Diane M , Thummel Kenneth E , Bulkow Lisa R , Wang Zhican , Corbin Brittany , Klejka Joseph , Hopkins Scarlett E , Boyer Bert B , Hennessy Thomas W , Singleton Rosalyn
Published: July 2016

Objective

To measure the trends in traditional marine food intake and serum vitamin D levels in Alaska Native women of childbearing age (20–29 years old) from the 1960s to the present.

Design

We measured a biomarker of traditional food intake, the δ15N value, and vitamin D level, as 25-hydroxycholecalciferol (25(OH)D3) concentration, in 100 serum samples from 20–29-year-old women archived in the Alaska Area Specimen Bank, selecting twenty-five per decade from the 1960s to the 1990s. We compared these with measurements of red-blood-cell δ15N values and serum 25(OH)D3concentrations from 20–29-year-old women from the same region collected during the 2000s and 2010s in a Center for Alaska Native Health Research study.

Setting

The Yukon Kuskokwim Delta region of south-west Alaska.

Subjects

Alaska Native women (n319) aged 20–29 years at the time of specimen collection.

Results

Intake of traditional marine foods, as measured by serum δ15N values, decreased significantly each decade from the 1960s through the 1990s, then remained constant from the 1990s through the present (F5,306=77·4,P<0·0001). Serum vitamin D concentrations also decreased from the 1960s to the present (F4,162=26·1,P<0·0001).

Conclusions

Consumption of traditional marine foods by young Alaska Native women dropped significantly between the 1960s and the 1990s and was associated with a significant decline in serum vitamin D concentrations. Studies are needed to evaluate the promotion of traditional marine foods and routine vitamin D supplementation during pregnancy for this population.
I. The Norman Episcopate before the Norman Conquest
Authors: Douglas David
Published: July 2016

The quality of the Norman impact upon England in the eleventh century has occupied the attention of generations of historians. Nevertheless it is hoped that some adequate apology may be found for the subject of this paper. Certainly, however, the topic I have chosen calls for strict delimitation. No attempt is made here to reopen the time honoured comparison between the Norman and Old English Churches in the earlier half of the eleventh century. Indeed I wish wholly to avoid that controversial theme—and for a particular reason. Most of those who have been concerned to emphasize the importance of the Norman Church at this period have concentrated their attention—and obviously rightly—on the monastic revival which swept through the Norman Duchy at this time. Perhaps, however, the Norman bishops of this period also merit some particular attention. For these men, put properly into the shade by their monastic contemporaries, have had a very bad press from historians. Doubtless, they deserved it. Nevertheless, it might be to the advantage of Anglo-Norman studies if the Norman episcopate between 1035 and 1066 were to be studied a little more fully for its own sake. At all events, these bishops and their work form the restricted subject of this very tentative discourse.
II. The Decline of Parliamentary Government under Elizabeth I and the early Stuarts
Authors: Hinton R. W. K.
Published: July 2016

Parliament governs by means of acts of parliament. When the number of acts of parliament increases over a period we may speak of a rise of parliamentary government, and when it decreases, of a decline. Under Elizabeth I and the early Stuarts parliamentary government declined. Taking into account the length of their reigns, Elizabeth and James I passed fewer acts than either Henry VIII, Edward VI or Mary. Charles I passed fewer again. Under Charles II, however, the number increased, and under William III it was much higher than ever before. Thus:
II. The Mayors of the Staples
Authors: Rich E. E.
Published: July 2016

The ordinance 1353, later confirmed in Parliament, introduced an entirely new conception of the office of the Mayor of the Staple. The compulsory marts in which the chief export wares had to be sold were then fixed in English ports, at each of which a Mayor of the Staple was appointed. Until then the Staples had only been fixed in English ports for two very brief periods, from the Kenilworth Ordinance of May 1326 to August 1328, and from September 1332 to February 1334, subject to interruptions owing to the needs of Royal finance: otherwise, from 1313 to 1326 and from 1340 to 1353, the Staple had been fixed in a Netherlands town.
III. Locke Versus Lowndes
Authors: Fay C. R.
Published: July 2016

There have been in England since 1600 three great monetary controversies. The first—and because of the place which it made for itself in literature, the most famous—was that between John Locke (1632–1704) and William Lowndes (1652–1724); the second arose over the Report of the Bullion Committee of 1810—for or against its adoption; the third was in the early eighteen-forties between the Currency and the Banking Schools. Locke, the Bullion Committee and the Currency School won. Lowndes’ proposal was rejected: the resumption of cash payments was decided upon in 1819: Peel's Bank Act of 1844 was a triumph for the Currency School. In each case the cause of “sound” money prevailed.
IV. British Policy Towards Parliamentary Rule and Constitutionalism in Turkey (1830–1914)
Authors: Temperley Harold
Published: July 2016

Baron Aehrenthal told the British Ambassador at Vienna in 1908 that British policy was “idealistic and humanitarian” while “his was frankly realistic.” In practice British “idealism” hasnowhere been more strongly dashed with “realism” than in Turkey. The dogma of the integrity of the Ottoman Empire became established as a principle of British policy during the late thirties. This result was mainly due to Palmerston and to the revelation of the dependence of Turkey on Russia implied in the Treaty of Unkiar Skelessi. The presence of Russian warships on the waters, and Russian troops on the shores, of the Bosphorus taught a lesson to Englishmen. The defence of Constantinople became a sort of dogma, which ultimately extended to almost all parties in the state. Cobden and Bright resisted the infection but they were in a small minority. The Crimean War was a result of this dogma, and it is to be noted that even Aberdeen—who so greatly regretted the bloodshed—thought it right for England to defend Constantinople. Even so late as 1878 Disraeli was able to rally the majority in Parliament and in the country in defence of the same cause and city. And the reason for this defence was British interests.
II. How Hyde became a Royalist
Authors: Wormald B. H. G.
Published: July 2016

The editor of the portion of D'Ewes's Journal that covers the period from the first recess of the Long Parliament to the withdrawal of the King from London has added one more tribute to the historical work of S. R. Gardiner. Fresh from the study of the sources for the four months with which he is concerned, he declares, ‘Gardiner's narrative for this period is on the whole unassailable.’ In noting, however, that the biographers of Pym and of Hyde have neglected the analysis of their parliamentary tactics, Professor Coates suggests that ‘such an investigation would reveal in Hyde a statesmanship, albeit unavailing, somewhat superior to that with which Gardiner credits him’. In making the suggestion, he defines Hyde's aim as follows: ‘to mould Royalist sentiment out of the conservative spirit which emerged in Parliament after ten months of unremitting activity and a few weeks of religious disorders’. It is clear, therefore, that, though he thinks Gardiner has underestimated Hyde's political ability, he does not question Gardiner's interpretation of his political objectives.
III. Archbishop Wake and the Whig Party: 1716–23. A study in Incompatibility of Temperament
Authors: Sykes Norman
Published: July 2016

In ‘The Sentiments of a Church of England Man’, written in 1708, Swift offered to the whig party (then entering into power thanks to the exigencies of the Spanish Succession war) a piece of advice which they would have been well advised to regard despite the suspected allegiance of the writer.
III. Peacemaking, Old And New
Authors: Satow Ernest
Published: July 2016

Anotion seems to be gaining currency that the methods of diplomacy as now pursued differ in some way from those of what may be called the Victorian period. It has perhaps arisen from the first of President Wilson's Fourteen Points of January 8, 1918, as constituting the only possible programme for giving peace to the world, set forth in these words: “Open covenants of peace openly arrived at, after which there shall be no private international undertakings of any kind, but diplomacy shall proceed always frankly and in the public view.” The Fourteen Points were accepted by both Germany and the Allies and Associated Powers of the Entente as “the necessary terms of such an armistice as would fully protect the interest of the peoples involved and ensure to the associated Governments the unrestricted power to safeguard and enforce the details of the peace to which the German Government had agreed”. And it has been rather hastily assumed that this agreement had put an end to the secret diplomacy which hitherto had distorted the policy of the European Allies. A paper read by Sir Maurice Hankey before the British Institute of International Affairs on November 2, 1920, confirmed the view that diplomacy by conference between the principal Ministers of the Powers concerned has to an important extent superseded the old way of conducting international relations through professional diplomatists accredited by the governments concerned, and that this change was brought about by the World War.
IV. Baron von Holstein, The “Mystery Man” of the German Foreign Office 1890–1906
Authors: Gooch G. P.
Published: July 2016

Though historians are still waiting for Holstein's papers, enough material has accumulated since his death in 1909 to attempt a sketch of the man who had the largest share in the control of German foreign policy from the fall of Bismarck in 1890 till his own retirement in 1906. During his lifetime his name was scarcely known even to his countrymen; but the Memoirs of his colleagues Otto Hammann and Baron von Eckardstein, to mention only the two principal witnesses, have thrown a flood of light on the Éminence Grise of modern Germany, who, like Père Joseph, loved to work in the dark and preferred the reality to the pomp of power.
III. Napoleon and Sea Power
Authors: Rose J. Holland
Published: July 2016

The generally successful result of our naval wars may be ascribed largely to the advancement of experienced seamen to high office at the Admiralty. Since the period of the Dutch Wars this practice has prevailed more here than among our rivals, the outcome being the accumulation of a body of naval doctrine which has proved to be invaluable at crises such as arose in and after 1793. On the other hand the Revolution in France bore hard on her marine, leading to the emigration of most of the officers, and to the infiltration of doctrinaire views, derived from the land campaigns of 1793. Such, in brief, were the conditions amidst which the young Bonaparte came into contact with the Mediterranean campaign of that year.
III. Foreign Policy in Latin America Historically considered
Authors: Edwards Don Agustin
Published: July 2016

Foreign policy is an extremely elastic term. It may mean a great deal or very little: it may embrace the most vital interests of the world at large—humanity's very right to live and prosper—if it be the Foreign Policy of a World Power like the British Empire; or it may merely concern the interests of a particular country from a certain angle, that is to say, in so far as such interests may conflict with those of another nation or nations. These two aspects of Foreign Policy, the world and the regional, were clearly distinguished and defined after the Great War, when at the Conference which culminated in the Versailles Treaty the nations were classified as countries with world interests and countries with limited interests. It was, furthermore, given juridical expression in the composition of the Council of the League of Nations, in which World Powers were given permanent seats and the other members of the League were assigned an equal number of elective seats which they were to occupy for a limited period of time.
II. Nationalism In The Middle Ages
Authors: Coulton G. G.
Published: July 2016

At an International Historical Congress of some years ago, one speaker explained that, so long as Europe had possessed one Church and one learned language (the Latin), nationalism was suppressed. This dictum received both contradiction and support; but the occasion was unsuited for any but the most superficial discussion. Ever since, however, I have noted passages which seemed to bear upon this important question; and I print them here, with the minimum of comment, by way of assistance to other students who may find time and inclination to pursue the matter further. Professor Marcel Handelsman of Warsaw has surveyed the subject, in brief, with a refinement of philosophical analysis to which I make no pretence. I try to use the term nationalism consistently within my own rough limits, but without attempt at scientific definition. My main object is to present evidence for the reader's judgment, without disguising the direction in which I lean myself: evidence varying a good deal in cogency from case to case, but with variations which any careful reader can estimate. Only thus can one start any really fruitful discussion. The multiplicity of indications collected in this comparatively short time convinces me that these are no more than the merest fraction of that which might be revealed by a concentrated search; but even this fraction may be enough to give a general idea of the whole.
II. The Revolt of Palermo in 1647
Authors: Koenigsberger H. G.
Published: July 2016

There is no stronger proof of the stability of the Empire which Charles V and Philip II had built, and of the vitality of the monarchic idea in the seventeenth century, than the ability of the Spanish Monarchy to survive the crisis of the years 1647 and 1648. In a dispatch to his Senate the Venetian ambassador in Madrid characterized Spain's history in those years as a string of disasters: Portugal and Catalonia in open revolt; Andalusia in the grip of corruption owing to the treachery of the Duke of Medina Sidonia; the East Indies with Brazil (a country large enough for four kingdoms) lost with Portugal; the West Indies hard-pressed by the Dutch; the royal revenues mortgaged, credit extinct; friends become enemies or vacillating neutrals, and the Government abandoned to the inexperience of a new favourite. Thus the Spanish Monarchy resembled that great colossus which for many years had been the wonder of the world and which during an earthquake had collapsed in a few moments while every one hurried along to enrich himself with the fragments.
II. Some Recent Advance in the History of Medieval Thought
Authors: Knowles M. D.
Published: July 2016

In the great and widespread revival of medieval studies by which the nineteenth century was distinguished, no province was so long neglected as that of academic institutions and scholastic thought. The pioneers of the historical revival were, almost without exception, men deeply influenced by the romantic movement, and many of them were antiquaries rather than historians; their successors, especially in England and Germany, were principally concerned to trace in the Middle Ages the origins of national institutions and racial characteristics; to neither party did the speculations of what seemed an outworn religious organization make any appeal. Even those scholars who, in France and elsewhere, were themselves Catholics and ecclesiastics, were also men who had been brought up in an age of transition and adaptation, when traditional religion was on the defensive, and were often more sympathetic towards the various systems of philosophy—idealist or ontological—that flowered and fell in Germany and north Italy in the period after the French Revolution. Meanwhile, in the century before that great cataclysm, the scholastic thought of the thirteenth century, rejuvenated by the Italian and Spanish theologians of the counter-Reformation, had been all but submerged by successive waves of Jansenism, rationalism and the new philosophy of Kant, and had only survived in a few schools as a dry and formal discipline. To all alike, therefore, whether Catholics, Anglicans, Lutherans or free-thinkers, the vast mass of manuscript material which survived from the scholastic period to cumber the libraries appeared destitute of literary or human interest, and daunted the boldest with its bulk and its technical terminology.
IV. George Lawson and John Locke
Authors: MacLean A. H.
Published: July 2016

In the year of 1657, a Shropshire clergyman, George Lawson by name, followed a prevailing fashion among English moralists and political writers of the day in publishing a formal refutation of Hobbes' then notorious Leviathan. Three years later, he further provided a positive and complete enunciation of his principles of civil and ecclesiastical polity in a work which he entitled Politica Sacra et Civilis. While it is perfectly evident that neither of these works attracted anything like that degree of contemporary attention which was aroused by the Leviathan of Hobbes or the Oceana of Harrington, it is no less evident, on the other hand, that they did not fall stillborn from the press. Not only are they to be found listed, with a fair measure of frequency, in extant catalogues of private libraries of the period, but in the critical year 1689—eleven years after the death of Lawson—Politica Sacra et Civilis was well recognized by certain ardent supporters of the revolution then in progress in England to be sufficiently timely to warrant its republication, and was palpably considered by at least one Whig pamphleteer to be well worth the trouble of plagiarizing. The popularity of the work was, however, of the most transient nature. The truth would seem to be that those principles of civil government which were maintained by Lawson were some three decades in advance of the age for which he wrote them; and that when, at length, the circumstances attending the English Revolution rendered them particularly appropriate, a greater political thinker, John Locke, was at hand to give them full expression in a form which, for clarity and fidelity to the spirit of the audience to which they were addressed, has rarely been equalled, and never surpassed. In all probability it is chiefly owing to this fact that the name of Lawson has been almost completely forgotten even by students of the history of English political philosophy, while Locke, for more than two centuries, has been regarded as one of the greatest political philosophers of all time.
I. Stubbs Seventy Years after
Authors: Cam Helen
Published: July 2016

Seventy-five years ago the Clarendon press published the first volume ofThe Constitutional History of England in its Origin and Developments, and its third volume came out in 1878. Those of us in Cambridge who have been responsible for the list of books recommended to the attention of the students of medieval constitutional history have of set purpose placed Stubbs’ book in the category of those recommended for ‘study’—a category in which no other secondary history book is to be found. It is our considered view that no student of the early history of our constitution can dispense with reading it, and this article, is an attempt to justify that opinion, whilst indicating, as far as may be, the directions in which the results of seventy years ‘research and reinterpretation have supplemented Stubbs’ knowledge and modified our attitude to his judgements. I would say at once, with all the force at my disposal, that there is no nineteenth-century historian towards whom it is less possible to be condescending without condemning oneself as unfit to study history. As one who loves Maitland this side idolatry, I can only accept Professor Galbraith's opinion that Maitland's learning fell far short of that of Stubbs—as Maitland himself would have been the first to declare. ‘In the augmentation of knowledge’, he said, ‘Dr Stubbs stood supreme. No other Englishman has so completely displayed to the world the whole business of the historian from the winning of the raw material to the narrating and generalising.’
V. The Franchise in Southern Africa
Authors: Walker Eric A.
Published: July 2016

The Portuguese had the honour of discovering and naming the Cape of Good Hope in 1486, but it was the Dutch who first settled there in 1652 and thus began the opening up of Africa from Capetown, still the most civilized centre in the continent. During the century and a half of rule by the Dutch East India Company, the Cape Colonists dispersed themselves thinly over an area about as great as that of the United Kingdom, and then saw their country annexed by the British. After having handed over the Cape to the Dutch Government, the British took it finally in 1806 rather than risk seeing it fall into the hands of Napoleon, who had so recently failed to hold Egypt, the other halfway house to the Indian Empire of his dreams. In the course of the nineteenth century, the Cape Colony gave birth to Natal, the Orange Free State, the Transvaal and Southern Rhodesia. The Cape and its three earlier offshoots became a Dominion as the Union of South Africa in 1910 and, at the close of the Kaiser's War, obtained the mandate for South-West Africa. Southern Rhodesia, the Old Colony's youngest child, was subsequently given self-government.
I. The Customary Poor-Law of Three Cambridgeshire Manors
Authors: Page Frances M.
Published: July 2016

It is perhaps not surprising that the central thread of manorial land law should be found in the pauper problem; for one of the most urgent needs of any age or society is the prevention of destitution. The “sturdy beggar” and “such as walk by night and sleep by day” were the terror of Plantagenet as well as Tudor, while the distress of the aged and impotent was as bitter in the thirteenth as in the sixteenth century, though voiced by no popular poet or press. The Court rolls of the Abbot of Crowland's manors of Oakington, Cottenham and Drayton give constant evidence of the effort consciously or unconsciously made to obviate these unproductive elements of the population, which might become a burden upon the efficient classes.
II. The Emperor Frederick II and the Sicilian Church
Authors: Pybus H. J.
Published: July 2016

The struggle between Frederick II and the papacy is the most dramatic of all the medieval contests between Regnum and Sacerdotium and has naturally attracted many historians. Frederick's relations to the church of his Sicilian kingdom is a less obviously dramatic theme and has never been treated except incidentally as one of the contributory causes of friction between pope and emperor. It is, however, worthy of independent study, providing as it does a corrective to the idea of Frederick engaged in almost ceaseless warfare against the church, which one derives from excessive concentration on papal and imperial manifestoes. A study of Frederick's Sicilian constitutions, of his charters to churches and his letters to officials and ecclesiastics, reveals a ruler who is far from being the inveterate enemy of churchmen and of church privileges.
II. Informing for Profit: A Sidelight on Tudor Methods of Law-enforcement
Authors: Elton G. R.
Published: July 2016

That the making of a law and the enforcement of it are two different things is a commonplace which is nowhere more clearly exemplified than in the history of economic legislation. As a recent essay on ‘The Smugglers' Trade’ has shown, the point applied with special force to the sixteenth century when the government attempted on an unprecedented scale to control the economic life of the country, and especially the export and import of goods. The problem was twofold. In the first place the administration of the customs limped badly behind the rest of the financial administration. It was not until 1536 that nationally uniform rates were imposed, and at no time could the central government be sure of exercising effective control over the local customers and searchers and their deputies. While the royal lands were put under a modernized administration in the hands of such courts as those of General Surveyors and Augmentations, nothing was done either by Henry VII or by Thomas Cromwell to go to the root of the customs question. Cromwell, indeed, produced a comprehensive code with a preamble which showed that at least he knew what the trouble was; but somewhat in contrast to his usual practice, he did not approach the administrative problem at all. The customs were left in the exchequer from whose palsied hands the royal lands had been removed; consequently, when in an age of rising prices the value of the customs revenue began to outpace that of fixed land rents, the government of Elizabeth could do no better than farm a revenue which their own machinery was incapable of handling efficiently. Until the reign of Charles II, the English customs administration was never thoroughly reformed, and governments fell back either on the inefficient exchequer or on the dubious expedient of farming.