bluuebunny/crossref_metadata_2025 huggingface dataset:
Introduction
Authors: Hohmann Jessie , Joyce Daniel
Published: February 2019

This volume asks what we might learn about international law if we began with objects, things, and material culture? What might we see, if we took seriously international law’s role in constructing the world, claiming and disclaiming parts of it, vesting things with authority or stripping them of legitimacy? And what might we learn about objects themselves, if we allowed them to speak more clearly to us, if we let them take centre stage, rather than treating them as peripheral to or as passive props for human action? This volume opens up these questions. It aims to extend both the theoretical and critical scope of the discipline beyond its preoccupations with text and with the intentions of states, and with normative and regulatory frameworks, by considering international law through a new lens— that of its materiality, its objects, and their associated imagery. The collection plays with style, method, and form, and is explicitly interdisciplinary. It brings out the personal, and disciplinary, preoccupations of international lawyers at the contemporary moment. It showcases the selected objects themselves, and results in an artefact that is also an archive. The volume offers a new way of thinking about the purpose and the limits—both conceptual and physical—of international law, and connecting it with the material turn in the humanities and social sciences. We seek to begin a conversation that will enable new ways of thinking about, but also opportunities for contesting, resisting, and re-forming international law.
African Court on Human and Peoples’ Rights
Authors: De Silva Nicole
Published: February 2019

This chapter examines international courts’ premises as objects of international law through the case of the African Court on Human and Peoples’ Rights. When creating an international court, states become legally obligated to supply its physical premises—a functional and symbolic resource that underpins the court’s legal authority and influence. Drawing on archival evidence, this chapter analyses the African Court’s significant challenges in securing this important resource from political actors within the African Union and Tanzania, the court’s host state. It shows that, with international law and courts, there can be a considerable gap between states’ commitment and compliance, and between legal ambition and political reality. This gap, however, can mobilize court officials to assert their needs for resources and, more generally, the significance of their mandate. Examining international courts’ premises, therefore, can elucidate the tensions between law and politics embedded in international justice specifically and international law more broadly.
Armed Drone
Authors: Kalpouzos Ioannis
Published: February 2019

The most widely reproduced image of an armed drone is a Photoshop construct combining the object, the missile, and the Afghan landscape. This chapter enquires into the symbolic and material functions of the object in relation to international humanitarian law through three perspectives/images: that of the object itself as proliferated in the media; the image(s) the object generates for targeted killing; and that of the object for the targeted. The qualities of the object and those images speak to the promise and threat that international law(yers) see in the armed drone. The chapter assesses and critiques the drone’s promise of precision, in targeting and governing armed conflict, as well as the promises of asymmetry and invulnerability. It argues that the object of the armed drone plays a mythical function, in establishing a ‘new paradigm’ of war and law through new weapons technology in the context of the ‘war on terror’.
Boots (on the Ground)
Authors: Trapp Kimberley N
Published: February 2019

This chapter explores the symbol of ‘boots’ in armed conflict, which are at the centre of discourse about military might and territorial control. With an eye on the themes of territoriality and extraterritoriality, this chapter considers some of the implications of ‘boots (on the ground)’ from the perspective of international law. For instance, a state’s having boots on the ground in military operations potentially results in its exercise of human rights obligation triggering ‘jurisdiction’, in addition to the otherwise applicable international humanitarian law obligations. Or, it might result in that state being held responsible for commission of international crimes committed by non-state actors (through the mechanic of attribution via the ‘effective control’ test set out in Nicaragua and the Bosnia Genocide Case). In addition, ‘boots on the ground’ can also serve an important symbolic function—in particular signalling the level and nature of commitment to genuine humanitarian operations.
‘Good Urban Citizen’
Authors: Aust Helmut Philipp
Published: February 2019

This chapter assesses how the global sphere is connected to the local level through a reflection on a poster on the streets of Atlanta. This poster indicates what it means to be a ‘good urban citizen’. The contribution argues that this poster with its call to behave reasonably and sustainably is an example of how global norms of good urban governance filter through to the local level. The poster is thus an artefact of the implications of international law on the ground. At the same time, it is connected with the growing importance of cities as global actors. Through networks such as the ‘C40 – Climate Leadership Group’ cities aspire to shape the global norms which are determining what global urban governance means today.
‘Jolly Roger’ (Pirate Flag)
Authors: Bohrer Ziv
Published: February 2019

Presently, a black flag with a skull-and-crossbones (the ‘Jolly Roger’) is merely a cultural icon for piracy. This chapter excavates the flag’s deep roots in international law. First, the chapter uncovers that the flag (and prior to it a red banner known as ‘Oriflamme’) used to be a laws-of-war signal for the intention to summarily execute captured enemy (‘take no prisoners’/’deny quarter’). It was used not only by pirates. Second, the chapter shows that intriguingly, the flag’s history aids in exposing misconceptions regarding criminal justice. Domestic criminal law is considered the traditional form of criminal justice, whereas, except for piracy, international crimes (meriting universal jurisdiction) are considered a novel, post-World War II, creation. However, historically, universal jurisdiction was applied not only to piracy, but also to felonies (crimes classified today as domestic) and war crimes. That actual history of criminal justice and the Jolly Roger’s legal history were forgotten for similar reasons.
Paintings of International Law
Authors: d’Aspremont Jean , De Brabandere Eric
Published: February 2019

International lawyers are involved in the business of persuasion. The primary aim of their international legal argument is to persuade peers and non-peers about the validity of their legal claims. In the quest for the optimal aesthetics of legal argument, one should certainly not overlook the role of the material container in which the international legal argument is stored and by virtue of which it is conveyed. Using data drawn from the catalogues of the main publishers of international law books, this chapter focuses on the imagery used in the design of international law books and the way it contributes to the aesthetics of international legal argumentation. This chapter zeroes in on the paintings that are reproduced on the cover of international law books, with a view to unravelling some of the dynamics of the aesthetics of international legal argumentation.
Ships’ Ballast
Authors: Inniss Lolita Buckner
Published: February 2019

This chapter discusses how an ostensibly mundane material item, ships’ ballast, an object or set of objects used to counterweight a ship while it is afloat, was at the foundation of the transatlantic slave trade and the international law norms that first sustained and later dismantled African captive transport. Ships’ ballast took on a particular legal evidentiary use in the context of transatlantic slavery. This was because cargoes of human beings, being mobile and of variable weights and shapes, required countervailing weight in order to keep a ship carrying them righted. Hence, the presence, as well as the amount and type of ballast found on European ships in the eighteenth and nineteenth centuries, was often a marker of slavery. In numerous legal and historical accounts regarding the interdiction of the slave trade via public international law, the presence and use of ballast is central.
Sovereign Marks
Authors: Aalberts Tanja
Published: February 2019

This chapter analyses a treaty made on behalf of the Association Internationale du Congo (the infamous private company of King Leopold II of Belgium) with roi Né-Do’ucoula of Boma on 19 April 1884. Whereas legal analysis would usually focus on the content of the treaty and its provisions to establish legal facts, this chapter moves the attention to the signatures at the bottom. It argues that they constitute an important object of international law, as they provide a counter narrative to the popular Standard of Civilisation as the founding doctrine of the Family of Nations in the nineteenth century. As objects of international law the signatures—or rather marks or crosses—embody at the same time the condition of possibility of the nineteenth-century international legal order, and undermine its defining framework (that is, constitute its condition of impossibility).
The Sailor, the Lover, the Husband, and the King
Authors: McCreery Cindy
Published: February 2019

William IV’s life (1765–1837) overlaps the period of Paul Langford’s A Polite and Commercial People, and encompasses several of its key themes. William’s sexual adventures, complex family life, and struggle to find a suitable wife recall the challenges facing both his Hanoverian relatives and other elite men of his generation, including fellow naval officers. Yet William’s life also illuminates the changing public attitudes to politics and rulers which marked the uneven transition from the Georgian to the Victorian period. Bitter attacks on William’s relationship with his wife Adelaide alternated with mostly sympathetic accounts of his role in the movements for Catholic Emancipation and parliamentary reform. Ultimately, if oddly, William was held up as a national hero and commercial symbol of Britain’s early nineteenth-century progress. Above all, William’s life was chronicled through caricature, which A Polite and Commercial People drew attention to as a distinctive and significant element of Georgian culture. An assessment of his representation in both caricatures and other engravings, including new forms such as lithographs, helps us to better understand William’s contemporary significance, and in turn the political, social, and cultural changes and continuities of the Georgian and Victorian periods.
A Polite and Commercial People in the Caribbean
Authors: Marshall P. J.
Published: February 2019

British people throughout the empire as well as at home envisaged themselves as ‘polite and commercial’. There could be no doubt of the commercial success of West Indian plantation islands, but were their societies polite? This chapter focuses on the efforts of an individual planter, Sir William Young (1725–88) to live to the highest ideals of politeness both in England and in the Caribbean, especially in the island of St Vincent, where he acquired extensive estates. For a time he undoubtedly succeeded, but early British settlement on St Vincent encountered problems that meant that Young and other planters could not extract resources from the island adequate to sustain their ambitions. Young ended his life as a debtor to the Crown on his St Vincent plantation rather than enjoying the eminence in English landed society and cultured circles to which he aspired.
The Harcourts
Authors: Mitchell Leslie
Published: February 2019

The papers of the Second and Third Earls Harcourt have become available in the last five years. Among them are a substantial number of letters from the French branch of their family, whose head was the duc D’Harcourt. As leading office-holders at the British court, the Harcourts were close friends of the king and queen, and the Harcourts acted as a conduit for first-hand information from France, and this chapter will show that they greatly influenced the king’s views on the Revolution and the wars which followed. Throughout these years, George took a more ideological and intransigent view of these events than his prime minister Pitt, and their sources of information help to explain their differences.
Polite and Commercial’s Twin
Authors: Innes Joanna
Published: February 2019

While Paul Langford was at work researching and writing A Polite and Commercial People, he worked in parallel on a second book, if anything more impressive and original, though less commonly read and cited—in part because it is not only highly original, but also dense and allusive. The object of this chapter is to make this other book, Public Life and the Propertied Englishman, more accessible to readers, by locating it historiographically, providing an overview of its arguments, and identifying some issues that it raises that deserve further attention.
Referential Null Subjects in Early English
Authors: Rusten Kristian A.
Published: February 2019

This book offers a large-scale quantitative investigation of referential null subjects as they occur in Old, Middle, and Early Modern English. Using corpus linguistic methods, and drawing on five corpora of early English, the book empirically addresses the occurrence of subjectless finite clauses in more than 500 early English texts, and excerpts of texts, spanning nearly 850 years of the history of English. The book gives an in-depth quantitative analysis of c.80,000 overt and null referential pronominal subjects in 181 Old English texts. On the basis of this substantial data material, the book re-evaluates previous conflicting claims concerning the occurrence and distribution of null subjects in Old English. The book critically addresses the question of whether the earliest stage of English can be considered a canonical or partial pro-drop language. It also provides an empirical examination of the role played by central licensors of null subjects proposed in the theoretical literature, including verbal agreement and Aboutness topicality. The predictions of two important pragmatic accounts of null arguments are also tested. In order to provide a longitudinal perspective, results are provided from an investigation of c.139,000 overt and null referential pronominal subjects occurring in more than 300 Middle and Early Modern English texts and text samples. Throughout, the book builds its arguments by means of powerful statistical tools, including generalized fixed-effects and mixed-effects logistic regression modelling, and is the most comprehensive examination so far provided of null subjects in the history of English.
Introduction
Authors: Rusten Kristian A.
Published: February 2019

This chapter introduces the issues to be investigated in the book. It defines the concept of referential null subject, and gives an outline of previous statements concerning the status of such subjects in Old English, as well as a presentation of the null subject phenomenon as it manifests itself in the wider Old Germanic context. Previous works on null subjects in Old English have reached widely diverging conclusions: some scholars say that null subjects did not occur in Old English, while others state that Old English was a canonical pro-drop language. Walkden (2013) suggested the compromise that null subjects are a case of diatopic variation. The question of the possibility of null subjects in Old English, and the diverging descriptions and explanations of this phenomenon, are presented as the main motivations for the book. The chapter also introduces the data material and methods used.
Do Anglian dialects of Old English have a partial pro-drop property?
Authors: Rusten Kristian A.
Published: February 2019

Chapter 3 deals with the question of whether Anglian dialects of Old English, in contrast to the West Saxon literary standard, had a partial pro-drop property. The chapter investigates this ‘dialect-split hypothesis’ by means of descriptive statistics and inferential statistical modelling. It is also noted that what has been interpreted as diatopic variation could also be representative of other types of variation, and consequently the variables of translation status, period, and genre are also investigated, in addition to dialect. The primary analytical techniques used in this chapter are generalized fixed-effects logistic regression modelling and random forests of conditional inference trees. The chapter concludes that the dialect-split hypothesis must be considered falsified.
The morphosyntactic characteristics of null subjects in Old English
Authors: Rusten Kristian A.
Published: February 2019

Chapter 4 provides an in-depth quantitative investigation of the morpohsyntactic characteristics of null subjects in Old English. The distribution of overt and null subjects is presented according to the structural variables of clause type, the position of the finite verb, person, and number. Attempts are made to fit an explanatory generalized mixed-effects logistic regression model incorporating these linguistic variables, as well as those non-linguistic variables which emerged as significant in Chapter 3. It is demonstrated that correlations between the occurrence of null subjects and such variables are extremely weak when both genre and the individual text are taken into account: only minuscule influence on the odds of having a null subject instead of an overt one is exercised by these variables. It is argued that this strengthens the view of null subjects in Old English as linguistic ‘residue’.
What could have sanctioned null subjects in Old English?
Authors: Rusten Kristian A.
Published: February 2019

Chapter 5 investigates the question of what could have sanctioned null subjects in Old English. It tests the empirical validity for the Old English data of central syntactic models attempting to account for the appearance of null subjects. It is shown that the predictions made by these analyses are not borne out in Old English, and it is argued that analysing the omitted subjects in terms of ellipsis is more fruitful than construing them as an active canonical or partial pro-drop grammar. The stance is taken that referential null subjects do not represent a productive grammatical feature of Old English, and it is again noted that the occurrence could instead be considered linguistic ‘residue’. Such an analysis would not be at odds with work which analyses pro-drop as argument ellipsis cross-linguistically.
Temporal patterns of Bordetella pertussis genome sequence and structural evolution
Authors: Weigand Michael R. , Williams Margaret M. , Otero Glen
Published: February 2019

Population genetics of Bordetella pertussis has long wrestled with a conflicting dichotomy of low gene sequence variation and high restriction fragment profile diversity. Recent applications of high-throughput sequencing and bioinformatics have deepened understanding of Bordetella evolution confirming that frequent chromosome rearrangement is a significant source of diversity in this species, in addition to gradual modification of protein-coding gene sequences. This chapter summarizes recent progress in the study of B. pertussis genomics to characterize temporal genetic shifts in the circulating population. Much of the presented work reinforces the dichotomy of B. pertussis genome evolution, concurrent mutation both of nucleotide sequences and gene arrangements, which still presents challenges in the genomic era. Disentangling the specific contributions of these processes to disease resurgence, as well as exploring their potential utility for vaccine development and novel therapeutics, provides a wealth of future research opportunities.
Pertussis immunity and the epidemiological impact of adult transmission
Authors: King Aaron A. , Domenech de Cellès Matthieu , Magpantay Felicia M.G. , Rohani Pejman
Published: February 2019

An understanding of the consequences of infection and vaccination on host immunity sets the stage for interpreting pertussis epidemiology. Yet, with no known serological marker of protection, such an understanding is currently not possible. This chapter interrogates longitudinal age-stratified pertussis incidence reports from Sweden and Massachusetts, United States, with the aim of quantifying the impact of infection and immunization on protective immunity. The analysis of data from Sweden during the vaccination hiatus period (1986–1996) indicates that adults contribute little to transmission. This may either be because infection-derived immunity is very long-lasting, or that individuals whose immunity has waned are subsequently less susceptible. The analysis of data from Massachusetts (1990–2005) identifies the primary mechanism of vaccine failure—for both whole-cell and acellular pertussis vaccines—to be waning. However, the average duration of immunity is identified as many decades, though the model predicts substantial individual variability in this trait. Finally, the chapter demonstrates the estimates to be consistent with those obtained from popular measures of vaccine effectiveness, though the interpretation of these findings is quite different.
Global Poverty Is an Employment Problem
Authors: Fields Gary S.
Published: February 2019

Janneke Pieters

Most people derive most if not all of their income from the work they and other family members do. It follows that, to assure that economic development reaches the poor, development efforts must be targeted on improving employment and earnings of low-income households....
How the Poor Are Working
Authors: Fields Gary S.
Published: February 2019

The chapter presents an analysis of the employment and unemployment outcomes facing them and people like them. Despite high-sounding pronouncements such as Article 23 of the United Nations’ Universal Declaration of Human Rights, for billions of working persons around the world, the rights “to work, to free choice of employment, to just and favourable conditions of work … to protection against unemployment … and to just and favourable remuneration” are unattainable; they are not rights at all.
Changes over Time in Individual Countries
Authors: Fields Gary S.
Published: February 2019

Of the world’s 6.7 billion people (as of 2008), 1.3 billion lived on less than $1.25 Purchasing Power Parity dollars per person per day and another 1.7 billion lived on between $1.25 and $2.50 PPP dollars. The scourge of absolute economic misery among billions of the world’s people is one of the most serious problems facing humankind today. Unemployment (defined below) befalls about 200 million of the world’s people - a sizeable number but small compared to the three billion people who are poor using the $2.50 PPP dollar poverty line. A much larger number – 900 million – are employed but earning so little that they and their families are unable to reach even $2 per person per day. They are working hard and they are the working poor. To achieve more and better employment (where “better” depends on such factors as rate of pay, job security, employment protections, and type of work), analysts and donors need to understand better how employment, growth, poverty, and other factors interact, how unemployment is caused, and how employment can be improved. At the same time, drawing on practical experience, research can identify knowledge gaps that to date pose limits to successful employment creation policy.
Economic Well-Being
Authors: Fields Gary S.
Published: February 2019

This chapter asks a simple question: When is one income distribution better than another? Here, the “better” society is that into which you would choose to be born, or that which you would choose if you were a social planner. It bears mention that the analytical methods introduced in this chapter apply not only to income distributions but to evaluations of economic states in general.
Income Mobility
Authors: Fields Gary S.
Published: February 2019

Income mobility means different things to different people. This chapter explains the six different mobility concepts used in the literature, reviews the various indices used in the mobility literature to measure these concepts, summarizes the difference the use of different mobility concepts and measures makes in practice, presents the axiomatic approach to income mobility, and discusses a number of other issues that arise in the mobility literature.
Directions for Future Research
Authors: Fields Gary S.
Published: February 2019

Part VII concludes by laying out directions for future research, focusing on three areas. The first is the empirical analysis of the link between growth, employment, and poverty in developing countries. The second is the comparison of methodological approaches to analyze changes in income mobility. And finally, the third area is the challenge of developing better multisector labor market models of developing countries.
Gambling behavior and problem gambling
Authors: Sulkunen Pekka , Babor Thomas F. , Cisneros Örnberg Jenny , Egerer Michael , Hellman Matilda , Livingstone Charles , Marionneau Virve , Nikkinen Janne , Orford Jim , Room Robin , Rossow Ingeborg
Published: February 2019

General population surveys show that gambling is prevalent in many high-income countries. Gambling is not an exclusive activity that only a few people engage in; it has become a popular recreational pursuit, especially in countries where it is legal, accessible, and commercialized. The epidemiological and clinical research reviewed in this chapter indicates that gambling problems tend to be concentrated, though not exclusively, in the most vulnerable and disadvantaged groups, including ethnic minorities, the homeless, the unemployed, the mentally ill, alcohol and drug users, and those who have lower incomes and socio-economic status. Gambling transfers wealth from the most frequent gamblers to owners of the operating companies, to the government authorities, and to the beneficiaries of direct contributions to “good causes”.
The effects of changing availability
Authors: Sulkunen Pekka , Babor Thomas F. , Cisneros Örnberg Jenny , Egerer Michael , Hellman Matilda , Livingstone Charles , Marionneau Virve , Nikkinen Janne , Orford Jim , Room Robin , Rossow Ingeborg
Published: February 2019

Game operators systematically attempt to attract customers and make them spend more money. The availability of gambling in terms of the ease of customers’ access to games influences both the amount of gambling and the problems arising from it. Regulations on game features, controlling access to funds and other inducements, risk awareness tools, exclusion policies, staff training, limit-setting, and marketing restrictions have been proposed as methods to counteract the effect of ready availability. In policy terms, efforts to regulate availability are usually combined with rules on game features and situational elements: when new opportunities to participate are created, game designs and situational characteristics also change, and in some cases policy changes aimed at reducing gambling activity are implemented to lower the risks for those who play.
Industry strategies and their regulation: marketing, game features, and venue characteristics
Authors: Sulkunen Pekka , Babor Thomas F. , Cisneros Örnberg Jenny , Egerer Michael , Hellman Matilda , Livingstone Charles , Marionneau Virve , Nikkinen Janne , Orford Jim , Room Robin , Rossow Ingeborg
Published: February 2019

This chapter focuses on three industry strategies that can be regulated and used as policy levers: marketing, game features, and venue characteristics. Research on potential policy levers typically measures problem gambling or its intensity as the target variable, often in terms of population effects or risk factors related to game features or venue characteristics. Policy measures in the public interest have the potential to prevent gambling-related problems significantly, but their targets should be considered in view of the context. In some circumstances it is important to prevent abusive marketing practices. In other instances, addictive game features need to be regulated. A large part of those being initiated to gambling do not understand the risks and the real chances of winning. Transparency and honesty, however difficult to affirm, should in all cases have priority over monetary interests, public or private.
Humility’s Destiny
Authors: Dunnington Kent
Published: February 2019

If Christian humility sets as a regulative ideal complete unconcern for one’s own distinctive importance, the challenge is to say why anyone would consider Christian humility a disposition of human flourishing. The experience of one’s distinctive importance is often felt to be an important, if not essential, aspect of the good life. This chapter shows how Christian humility requires for its intelligibility a different account of what an excellent self is like, and a different account of what human flourishing is like. The Christian themes of crucifixion, Trinity, and beatitude are shown seriously to revise customary assumptions about human selfhood and human flourishing. The chapter shows how a distinctively Christian eschatology and anthropology grounds a distinctively Christian view of humility.
Becoming Humble
Authors: Dunnington Kent
Published: February 2019

Monastic directives to humility have been dismissed by most contemporary theorists as remnants of a lamentable past. But, if radical Christian humility as envisioned by the early monastic tradition is a legitimate view of humility, there should be something to learn from their many directives. This chapter interprets monastic wisdom about the pursuit of humility, showing how ascetic practices are consistent with the claim that humility is a gift of grace. It argues that the monastics were right to think that genuine Christian humility is unattainable apart from experiences of humiliation. Ascetic regimes can promote humility by training practitioners to go on loving in the midst of humiliations that sabotage their quests for personal importance. Such practices “position” devotees to be recipients of supernatural love, which enables persons to go on without falling back on proper pride as a source of moral energy.
The Marketplace of Love
Authors: Holloway Sally
Published: February 2019

This chapter reveals what was new to the material culture of courtship, from porcelain snuffboxes and glass signets printed with romantic motifs to the increasingly elaborate laced and embossed valentine cards sold by printers, booksellers, and stationers’ shops. The Georgian era is presented as an important transitional period in the modernization and commercialization of romantic customs. After Hardwicke’s Marriage Act of 1753 required marriages to take place at church in a single legal event—precluding suits in the church courts to compel the performance of a marriage contract—courting couples exchanged an ever-diversifying range of new consumer goods as romantic gifts. A growing number and variety of novelty items such as printed handkerchiefs were designed specifically as valentine souvenirs, as Valentine’s Day developed into a love industry. The chapter explores how love was packaged and sold to consumers in new ways, and the consequences of this shift for the rituals and experiences of romantic love.
Dignity at Work
Authors: Gilabert Pablo
Published: February 2019

This chapter offers a justification of labour rights based on an interpretation of the idea of human dignity. According to the dignitarian approach, we have reason to organise social life so that we respond appropriately to the valuable capacities of human beings that give rise to their dignity. That dignity is a deontic status in accordance with which people are owed certain forms of respect and concern. Dignity at work involves treatment of people that enacts the ideal of solidaristic empowerment as it pertains to their life as workers. This requires that we generate feasible and reasonable social schemes to support each other in the development and exercise of our valuable capacities to produce in personally and socially beneficial ways. The spectrum of dignitarian justice goes from basic rights to decent working conditions to maximal rights to flourish in working practices that are free from domination, alienation, and exploitation.
Legal Construction of Structures of Exploitation
Authors: Mantouvalou Virginia
Published: February 2019

This chapter argues that the prevailing understanding of workers’ exploitation in law and policy is unjustifiably narrow, and that the concept should not be confined to slavery, servitude, and forced and compulsory labour, nor should it be linked to criminalisation alone. Looking at the concept of exploitation in political philosophy, it advances an alternative conception. The literature analyses exploitation as taking unfair advantage of someone or taking unfair advantage of someone’s vulnerability, and develops opportunistic and structural accounts of exploitation. The focus of this chapter then turns to the role of the law. Building primarily on structural accounts, it examines exploitation that consists in a special vulnerability created by law and the taking advantage of the vulnerability by violating workers’ rights or other human rights. It considers four examples of groups of workers who are in this position: migrant workers, domestic workers, prison workers, and care workers in zero-hours contracts. The chapter suggests that it is not only private employers who have to be held accountable for exploitation, but also state authorities themselves.
Dynastic Marriage Diplomacy, Parliamentary Conflict, Peace and War, 1621–1629
Authors: Questier Michael
Published: February 2019

Some of the more successful historical writing on the early Stuart period deals with an apparent rise of parliamentary influence over and against the court. But it can equally well be argued that the 1620s saw a failure of parliaments as the crown’s dynastic strategy eventually took precedence over the concerns of, especially, Protestant-minded representatives of the people. The conflict between the two modes of doing politics can be picked up from the reactions caused by, for example, the brief period when it seemed that the prince of Wales might marry a Spanish infanta. That conflict was not resolved by the Anglo-French dynastic marriage treaty of 1625. After the death of James I, Charles found himself at war with Spain and, then, briefly with France as well. Domestic politics was convulsed by the perceived corruption of the Caroline court, dominated by the ubiquitous favourite, the duke of Buckingham.
Making a Large Universe Visually Perceptible
Authors: Croze Denis
Published: February 2019

As it is the case for most intellectual property rights, trademarks have been experiencing an extension of their scope of protection in new domains and today more and more IP offices are registering non-traditional trademarks (NTTMs). However, because of the lack of internationally accepted definition of NTTMs, the absence of international instrument harmonizing their registration and protection at the multilateral level—which leads to a diversity of national legal regimes and practices—their trademark owners often experience uncertainty in their protection. Although WIPO treaties have not specifically regulated NTTMs, their development has been extensively discussed at WIPO meetings and diplomatic conferences. This chapter details the discussions and documents produced by the WIPO at the request of the Standing Committee of Trademarks (SCT) which provide a thorough analysis of the challenges, practices, methods of representation, and description of NTTMs, as well as possible areas of convergence which have been agreed upon by WIPO Member States.
What Should Constitute Infringement of a Non-Traditional Mark?
Authors: Handler Michael
Published: February 2019

Various “defensive doctrines” might be employed to create space for third parties wishing to make legitimate use of features of registered non-traditional marks. This chapter explores one such doctrine: a requirement that infringing use be “use as a trademark.” This doctrine, as it has been developed in countries such as Australia and New Zealand in cases involving non-traditional marks, is more complex than is often appreciated. At times it has been stretched to accommodate worthy policy considerations, which has caused tensions with other aspects of the registration system. At other times it has been applied too restrictively, unduly limiting the scope of permissible third party use of product features. The chapter offers suggestions as to how “trademark use” might be recalibrated to manage the full range of concerns raised by non-traditional marks, in a manner that affords owners adequate protection while leaving sufficient breathing room for third party users.
Hands Off “My” Colors, Patterns, and Shapes! How Non-Traditional Trademarks Promote Standardization and May Negatively Impact Creativity and Innovation
Authors: Calboli Irene
Published: February 2019

This chapter criticizes the protection of non-traditional trademarks (NTTMs) by focusing on three specific examples from the fashion industry: Louboutin, Gucci, and Bottega Veneta. In particular, besides repeating that granting exclusive rights to NTTMs equates in foreclosing competitors and third parties from using any identical and similar product design and products feature, this chapter highlights an additional problem related to the protection of NTTMs. Notably, that, by recognizing and protecting as marks elements that are product design and aesthetic product features, protecting these marks supports a system of intellectual property protection that promotes standardization, rather than creativity and innovation, in product development. In turn, in the view of the author, protecting NTTMs has a twofold negative impact. First, it induces businesses to standardize the aesthetic features of their products and repeatedly use them on their products to acquire the level of necessary market recognition (distinctiveness) to be protected as trademarks. Second, protecting NTTMs may lead to less investment not only in product and design innovation but also in product quality. Notably, securing and enforcing NTTMs allows businesses to capitalize on, and extract value from, the attractive power of the marks, which can be a short-term more viable means to attract consumers toward purchasing their products rather than investment in long-term product quality. This situation could be avoided, in the view of the author, by effectively curtailing the protection of these marks, which remain product designs and, albeit being appealing, valuable, and frequently distinctive, are not meant to be protected for a virtually unlimited period of time as trademarks.
A Clash of Culture and Commerce
Authors: Senftleben Martin
Published: February 2019

Non-traditional marks offer enhanced possibilities for the cumulation of copyright and trademark rights. With the recognition of shape, sound, and motion marks, new areas of overlap emerge that affect traditional work categories, in particular sculpture and plastic art, musical compositions, and audiovisual creations. Discussing the corrosive effect of this growing area of overlap on cultural follow-on innovation, the chapter yields the insight that it is advisable to recalibrate the copyright/trademark interface. Instead of relying on distinctiveness as a gatekeeper and volatile infringement criteria and defenses within trademark law, more robust mechanisms are necessary to prevent the acquisition of trademark rights to cultural signs from the outset—grounds for refusal that apply across all goods and services and cannot be overcome through use in trade. The chapter explores the room for the development of these more robust mechanisms. It brings a refusal based on public order or morality into focus.
Confronting Kant and Kierkegaard
Authors: Stern Robert
Published: February 2019

This chapter considers in more detail how it is that the kind of natural law approach embodied in Løgstrup’s ‘ontological ethics’ puts him at odds with both Kant and Kierkegaard, and leads him to convict them of formalism. Løgstrup’s claim is that by failing to adopt his approach, neither Kant nor Kierkegaard can do justice to the ethical demand, as they see it as deriving from the authority of a commander. The difficulty is that such authority is ‘content-independent’ in H. L. A. Hart’s sense, making the reason to act that one has been commanded, rather than the vulnerability of the other person, which in these situations should be the right reason on which to act. If Løgstrup is correct, it is argued that his critique also has significant implications against contemporary attempts to ground ethical obligation in the authority of practical reason and divine command respectively.
Introduction
Authors: Stern Robert
Published: February 2019

This Introduction begins in §0.1 by examining the problem of moral obligation, focusing on Elizabeth Anscombe’s claim that it makes no sense without a divine lawgiver. Other alternative accounts of moral obligation are outlined, such as Kantian self-legislation and social command accounts. This provides a background to Løgstrup’s own view, which is sketched as offering a different approach. The Introduction then moves on in §0.2 to provide an account of Løgstrup’s life and times, and in §0.3 to a consideration of why his work is not better known, but why it is relevant now. The final section of the Introduction outlines the structure of the rest of the book which follows.
The devil’s handwriting
Authors: Bowles Hugo
Published: February 2019

This chapter provides a technical analysis of Brachygraphy, with a focus on the writing of shorthand. It begins with a description of Gurney’s symbols and arbitrary characters (section 2.1), drawing on Dickens’s teaching notebooks to highlight the complex memorization process involved (section 2.2). Section 2.3 explores Gurney’s bizarre rules for abbreviation and vowel reduction during the writing process, while section 2.4 describes the mental processes involved in taking down verbatim speech in Gurney shorthand and shows how, by comparison with the more economical Pitman system, the mental processing involved in writing Gurney shorthand was much more demanding on its users. Section 2.5 examines Dickens’s distinctive shorthand writing style by comparing it with that of his novice pupil Arthur Stone, while section 2.6 shows how Dickens used creative shortcuts and graphic alterations to change the Gurney system to one that was easier both to write and to teach.
PKWK
Authors: Bowles Hugo
Published: February 2019

This chapter explores the impact of Dickens’s shorthand reading and writing habits on his well-known representations of dialect in Pickwick. It introduces the main literary techniques used by nineteenth-century writers in their representations of dialect (section 6.1) and explores Dickens’s use of non-standard orthography in his representations of the speech of the Pickwickians (section 6.2). These deviant spellings are analysed in terms of allegro speech and eye dialect (section 6.3) and semi-phonetic speech (section 6.4). Section 6.5 examines how, in his deviant manipulation of spelling, Dickens uses rules that he learned from the Gurney shorthand system. These are summarized in Table 6.2 (section 6.6). The argument made in the chapter is that learning the Gurney system made it easier for Dickens to visualize and construct non-standard spellings and gave him the mental flexibility to find a variety of orthographic solutions to complex phonetic problems.
Under the Domination of Caesar (49–44)
Authors: Treggiari Susan
Published: February 2019

The civil wars of 49–45 killed many leaders. Caesar spared and employed ex-Pompeians, including Brutus and Cassius. Life in Italy was unsettled. Caesar was popular with the People, but many in the senatorial class accused him of behaving like a tyrant, a king, and a master of slaves. Brutus made a political statement by taking Porcia, Cato’s daughter, as his new wife. Servilia did not get on with her. Brutus joined the conspiracy led by C. Cassius and D. Brutus. The plotters’ motives were mixed. Servilia probably knew nothing.
The Ides and the Aftermath (44–)
Authors: Treggiari Susan
Published: February 2019

After Caesar’s murder, Servilia had to act to help Brutus and Cassius. From now on, our sources improve. She was, on and off, with the assassins at a villa, involved in deliberations and negotiations. On 5 June 44 a meeting of the Senate was to authorize Brutus and Cassius to leave their duties as praetors and go abroad on a grain-commission. They took this as an insult. A family council at Antium in early June decided that they would leave. Servilia promised to get the grain-commission dropped from the decree. Planning for the games (ludi Apollinares) to be held in Brutus’s absence involved Atticus and Servilia. The games were a qualified success. Servilia led the family in protecting both Brutus and Cassius in their absence and Lepidus’s children. She continued to lead after Philippi. We do not know when she died, but it may have been many years later.
Sappho as a Pupil of the praeceptor amoris and Sappho as magistra amoris
Authors: Elisei Chiara
Published: February 2019

This chapter takes a new approach to the idea of ‘Sappho the schoolmistress’ by exploring the significance of Sapphic evocations in Ovidian erotodidaxis. By focusing on the figure of Sappho in Heroides 15, also known as Epistula Sapphus, this chapter argues that the rhetorical strategies employed in this poem appear strikingly consistent with those of ‘Ovid the poet’ in his Amores and ‘Ovid the teacher of love’ in his Ars amatoria. The argument emerges through an exploration of a large number of passages from Ovid’s love elegies, making links with several Sappho fragments, and focusing throughout on the employment of ancient rhetoric and reasoning in a poetic context.
Sappho in Roman Epigram
Authors: Nisbet Gideon
Published: February 2019

This chapter argues that Martial positions himself in relationship with his great model Catullus through a number of highly sophisticated yet ‘deformed’ allusions to Sappho. It argues further that these allusions help Martial in asserting his own, individual poetic project. The line of reasoning emerges from close scrutiny of a number of details from a wide range of Greek and Roman epigrams, such as that in which Valerius Aedituus alludes to Sappho fr. 31. The main investigation, however, remains concentrated on crucial passages from Martial, compared with relevant passages from the satires of Juvenal, which together form a pattern in which the figure of Sappho appears key.