bluuebunny/crossref_metadata_2025 huggingface dataset:
Sustaining the Vision
Authors: Bremer Francis J.
Published: June 2020

Many of the English investors resisted efforts by John Robinson to join the Plymouth congregation, fearing the consequences of their colony becoming too closely identified with separatism. Those investors were critical of many of the practices of the congregation and sent over a minister, John Lyford. Lyford encouraged a dissident faction in the colony and was expelled when his complaints to the investors in England were discovered. During these years the colony’s political structure was advanced in keeping with the congregation’s practice of empowering ordinary people. The colonists established annual elections and a yearly meeting of an assembly (the General Court) to deal with the colony’s needs. The court also served as the judiciary and sentenced to death John Billington for killing a fellow colonist and three settlers for killing a Native.
Plymouth and the Bay
Authors: Bremer Francis J.
Published: June 2020

During the 1620s the colony faced various challenges, some centering on a settlement to the north that came to be dominated by Thomas Morton. Morton was accused of selling guns and liquor to Natives and carrying on revels around a maypole he had erected. Plymouth sent Myles Standish and a small armed force to arrest Morton, and they sent him back to England. In 1628 the first settlers of what was to be the Massachusetts Bay Colony arrived in Salem. These puritans were not separatists but turned to Plymouth for advice on how to organize their religious life. Samuel Fuller, Plymouth’s physician and a deacon of the church, visited Salem to aid those suffering from scurvy, but also persuaded John Endecott, the settlement’s leader, of the congregational principles on which the Plymouth congregation was based. The Salem settlers thereafter drew up their own covenant and subsequently chose their own ministers.
Congregationalism Advanced
Authors: Bremer Francis J.
Published: June 2020

While the rest of New England followed the Congregationalist lead of Plymouth, there was unity without uniformity. Other churches sought the advice of Brewster and other Plymouth leaders on a variety of religious, political, and judicial matters. Various dissenters arose to challenge the New England Way. One was Roger Williams, who spent time in and developed some of his views in Plymouth. Plymouth had found a minister in Ralph Smith, who participated in the regional synod at Cambridge, Massachusetts, to define errors that had arisen during the Free Grace controversy. Samuel Gorton was another troubler of the established order who spent time in Plymouth. As Plymouth grew, individuals hived off from the original settlement to form new settlements in the colony such as Scituate, Duxbury, and Marshfield. This growth posed challenges to the values of the colony.
Conclusion
Authors: Bremer Francis J.
Published: June 2020

Brewster’s death in 1644 marked a landmark in the history of the colony. At that time the English Civil Wars (or Puritan Revolution) had begun and William Bradford and others hoped that the small beginning of reform offered by Plymouth might lead to a transformation of not only New England but the mother country as well. But there were debates over that New England Way in the colonies, with a slow movement toward shifting authority from ordinary believers to clerical leaders, and from individual congregations to some form of synods or clerical councils. The practice of prophesying was criticized by many clergy. There were debates about the extent that different views should be tolerated. As he neared the end of his life William Bradford composed dialogues in which he explained the core values that the founders of Plymouth had upheld.
“The Sound in Faith”
Authors: Roberts Wendy Raphael
Published: June 2020

Chapter 1 provides the first literary treatment of the transatlantic bestseller, Ralph Erskine’s Gospel Sonnets. The chapter argues that the poem makes visible how poetry and homiletics enabled each other and, as they did so, fused together the revivalist minister and the poet, the itinerant and the poem, and soteriology and verse form. Erskine developed an espousal poetics (a poetics based on the metaphor of Christ wed to the believer) that saturated the rhymed couplet with Calvinist thought and helped produce a lived affective theology. While scholars have conceived of the Augustan Age in terms of Alexander Pope’s heroic couplet primarily as an Enlightenement form, this chapter argues that early Evangelicalism contributed a different meaning to poetic form—what Roberts calls the “Calvinist couplet.”
Policymaking, Procedural Justice, and Support for Compromise
Authors: Wolak Jennifer
Published: June 2020

Conflict is at the heart of politics, inviting people to see politics in terms of battles to be waged and wars to be won. Policy conflicts invite people to see disagreements in strategic terms. If partisans believe they have the votes to pass their agenda, then compromise will hold little appeal. Experimental findings confirm that people tend to be strategic in how they think about compromise, as those on the winning side tend to resist compromise while those who face unfavorable outcomes embrace it. Yet reminders about democratic norms of procedural fairness and political civility can undercut these tendencies, and encourage people to think about compromise in more principled ways.
Theorizing Adaptation
Authors: Elliott Kamilla
Published: June 2020

Asking why adaptation has been seen as more problematic to theorize than other humanities subjects, and why it has been more theoretically problematic in the humanities than in the sciences and social sciences, Theorizing Adaptation seeks to both explicate and redress “the problem of theorizing adaptation” through a metacritical history of theorizing adaptation from the late sixteenth century to the present, a metatheoretical theory of the relationship between theorization and adaptation in the humanities, and analysis of and experimentation with the rhetoric of theorizing adaptation. Adaptation was not always the bad theoretical object that it increasingly became from the late eighteenth century: in earlier centuries, adaptation was celebrated and valued as a means of aesthetic and cultural progress. Tracing the falling fortunes of adaptation under humanities theorization, the history nevertheless locates dissenting voices valorizing adaptation in every period. Adaptation studies can learn from history not only how to theorize adaptation more positively, but also to consider “the problem of theorization” for adaptation. The metatheoretical section finds that theorization and adaptation are rival, overlapping, inimical processes, each seeking to remake culture—and each other—in their images. It is not simply the case that adaptation has to adapt to theorization: rather, theorization needs to adapt to and through adaptation. The final section attends to the rhetoric of theorizing adaptation, analyzing how tiny pieces of rhetoric have constructed adaptation’s relationship to theorization, and turning to figurative rhetoric, or figuration, as a third process that can mediate between adaptation and theorization and refigure their relationship.
Resetting Taxonomies
Authors: Elliott Kamilla
Published: June 2020

Chapter 6 demonstrates how and why adaptation resists theorization at its second stage: the development of taxonomies. While taxonomization has been challenged as a theoretical enterprise generally, adaptation offers more particular resistance to it. As a process that crosses taxonomical borders of all kinds, adaptation is itself anti-taxonomical. Even so, examining how some scholars have sought to taxonomize adaptation and others have resisted adaptation taxonomies informs adaptation’s relationship to theorization. As with definitions, taxonomies have subjected adaptation to other disciplines and their taxonomies. While discussions of adaptation taxonomies have been largely focused on taxonomies from translation studies and narratology, adaptation has been subjected to a host of others, studied and organized by adapters, genres, nations, historical periods, media forms and technologies, and by the taxonomies of identity politics, which are rarely addressed as taxonomical systems. Moreover, disciplines are themselves taxonomies: certain disciplines (most notably philosophy, history, linguistics/rhetoric) have been accorded theorizing power in the humanities, while others have not. By contrast, adaptation inhabits all disciplines and cannot be satisfactorily theorized without input from them all. Joining scholars who have for centuries questioned the ability of rational and empirical epistemologies to theorize the arts, Chapter 6 argues for creative-critical adaptation practice as a way to generate dialogues between the theorizing and “non-theorizing” disciplines. As with definition, retheorizing adaptation theorization at the level of taxonomization is not a matter of deciding which taxonomies developed to study other things we should apply to adaptation but of taxonomizing adaptation as adaptation and of setting these in dialogue with the taxonomies we already have in adaptation studies.
A Story
Authors: Aguirre Mercedes , Buxton Richard
Published: June 2020

This chapter sets the scene for the rest of the book. After a brief summary of the Polyphemus episode from the Odyssey, Aguirre and Buxton go on to classify Odysseus’ monstrous opponent as an ‘ogre’. They stress that their argument will go well beyond the scope of the Odyssey narrative, since it will also dwell at length on the Polyphemus and Galatea relationship, as well as on the role of the Cyclopes as metalworkers and builders. The authors then highlight three aspects of their own approach to the topic. First, context: they will situate each literary or artistic representation within its cultural context, since only in that way can the meanings of any cultural item be appropriately decoded. Second, themes. The whole of Part I of the book, dealing with antiquity, is organized by theme, so that with each successive chapter a reader will be able to build up an increasingly complex picture of the impact of any given text or image. Third, representativeness. The authors do not aim at exhaustiveness in their treatment, above all in relation to the postclassical reception of Cyclopean myths. Rather, they aim to include what we consider to be the most significant later reworkings of this constellation of myths.
Seven Ways to Approach a Cyclops
Authors: Aguirre Mercedes , Buxton Richard
Published: June 2020

This chapter aims to identify the main scholarly and popular approaches that have been adopted in the past towards the mythical figure of the Cyclops, and thus to provide a complement to and a contrast with the analysis by Aguirre and Buxton. Seven past perspectives are identified: 1. Folktales—still perhaps the most popular scholarly gambit. 2. Location—especially, where are Odysseus’ wanderings supposed to be placed on the map? (The answers have been astonishingly varied.) 3. Anthropology—what have earlier scholars said about the Cyclopes’ way of life—for example, their diet, their pastoralism, and their (lack of) hospitality? 4. Art and text—how have scholars variously interpreted the interrelationship between verbal and visual accounts of the Cyclopes? 5. The eye—if any one aspect of the Cyclopes has dominated explanations of the origin of the mythology of these ogres, it is that which stresses their monocularity. But how convincing are such explanations—in terms, for example, of the skull of a dwarf elephant, or the cone of a volcano? The authors have serious doubts. 6. Homonyms—what characteristics have scholars found that link the pastoral ogres, the blacksmiths, and the builders? 7. Reception—how has the cultural ‘afterlife’ of the Cyclopes been regarded? Although there are some impressive previous studies of parts of the tradition, no one has so far given a satisfactory overview.
Lifestyle
Authors: Aguirre Mercedes , Buxton Richard
Published: June 2020

How did the Cyclopes live? First, subsistence and diet. On these matters the ancient sources report virtually nothing about the builders and the metalworkers, but about Polyphemus and his kin they have much to say. Aguirre and Buxton investigate in particular questions relating to pastoralism, the eating of cheese, and cannibalism (or, better, anthropophagy); they set these matters into context against the background of wider Graeco-Roman thought and practice. After subsistence and diet, they turn to other aspects of social behaviour, whether among the Cyclopes, or between the Cyclopes and others. Among the main themes discussed here are cooperation and hospitality. In the final part of the chapter the authors put together the principal findings of Chapters 4 and 5 in order to address a more general issue: were the Cyclopes thought of as ‘monsters’? Needless to say, this requires prior consideration of the wider definitional question: ‘what is monstrosity?’
Names
Authors: Aguirre Mercedes , Buxton Richard
Published: June 2020

A perennial source of interest in the Cyclopes, and those mythologically connected with them, has concerned names: for example, Polyphemus, Odysseus, and Galatea, not to mention the word ‘Cyclops’ itself. Such individual investigations cannot be separated from wider questions relating to the ‘speaking names’ of classical mythology; that question in turn involves the crucial distinction between ancient and modern concepts of etymology. This chapter sets some particular issues relating to Cyclopean names against this wider background. After examining successively ‘Cyclops’, ‘Polyphemus’, several other named Cyclopes, ‘Galatea’, and (very briefly) ‘Acis’, Aguirre and Buxton look at issues of naming raised by the Outis episode in Odyssey book 9.
Setting the stage for mass murder and human experimentation
Authors: Zeidman Lawrence A.
Published: June 2020

With Hitler’s 1933 power seizure, the fate of roughly 9000 political and racial “enemy” neuroscientists was sealed. In the “Gleichschaltung,” or coordination of German neuroscience, step-wise legal and professional sanctions occurred against “non-Aryan” neuroscientists at every university neurology department in Germany. These were either dismissed within the first months of the Nazi takeover or by the passage of the 1935 Nuremberg Laws. Sometimes the dismissed neuroscientists were forcibly removed by colleagues and sometimes they were arrested and imprisoned for trumped-up charges. Even private neurologists were forbidden from seeing insurance panel patients. Half of all German doctors joined the Nazi party, eager to take the positions vacated by their Jewish and communist comrades. The German neurology and psychiatry societies were merged to facilitate Gleichschaltung and Nazi influence on the specialties. And flourishing research and clinical programs were halted and then replaced by the racial hygiene agenda of the Nazi state.
Neuroscience becomes “Aryanized” at the Kaiser Wilhelm Institutes in Germany
Authors: Zeidman Lawrence A.
Published: June 2020

The Kaiser Wilhelm Institutes (KWI) in Germany were supposed to be bastions of internationally renowned science, but were just as easily “coordinated” under National Socialism in Germany as the universities and public hospitals and clinics. The KWIs for brain research in Berlin and Munich, even partially founded by a Jew in the case of the latter, became primary sites for research related to the Nazi “euthanasia” programs. The transition from physiologic to pathologic research at each institute, facilitated by replacement of dissident neuroscientists with more loyal and ethically pliable neuroscientists, such as Spatz and Scholz, helped to set the stage for euthanasia research. Illustrated in this chapter is the fact that at least seven replacements of non-Aryans or dissidents at various levels significantly facilitated the coordination of the KWIs. One of these, Marthe Vogt, was not actually a dismissal, but a voluntary emigration from Germany in rejection of the Nazis.
Hitler wages war on Europe, and on neuropsychiatric patients Neuroscientists introduce “euthanasia,” the ultimate negative eugenic measure
Authors: Zeidman Lawrence A.
Published: June 2020

During the war, a more austere method of eliminating “useless eaters” was adopted by the Nazi state: killing patients. The concept of patient murder dated back to Hoche, a neuropsychiatrist, and Binding, a lawyer, and their 1920 book Permission for the Destruction of Life Unworthy of Life. Only in the totalitarian Nazi state, however, could an illegal secret action be authorized leading to the extermination of at least 275,000 neuropsychiatric patients. After about 70,000 patients were killed by gassings in the first phase (Action T4), the program was carried out on a smaller scale. The T4 medical director was a neuroscientist, at least 42.5% of the T4 assessors were neuroscientists, and among the T4 assessors were at least eight neuropsychiatry “Professor Doctors.” Killing methods included starvation, drug overdoses, and killing by painful pneumoencephalograms. It was the Nazi neuroscientists’ “devolution” from small initial ethical transgressions that resulted in patient murder.
“Protesting against an avalanche”
Authors: Zeidman Lawrence A.
Published: June 2020

Neuroscientists were uniquely poised to resist Nazi racial hygiene policies because neuropsychiatric patients were the primary targets of such policies. In Germany, and later Austria, some isolated instances of “passive” resistance by neuroscientists occurred with questionable overall impact. These included changing patients’ diagnoses to non-hereditary causes or transient disorders not covered by the sterilization law. Or they included private protests against euthanasia of varying degrees, and transferring patients to non-euthanasia facilities. And the least impactful may have been protests against dismissal of Jewish colleagues, or simply leaving Germany. Very rarely, German neuroscientists were engaged in “active” resistance, which was generally futile. In the occupied countries of Denmark, Holland, Norway, and France, however, some neuroscientists engaged in early active resistance that saved colleagues, prevented indoctrination of medical societies, prevented euthanasia, and helped lead to Germany’s defeat. The early component seems to be crucial in this defeat of evil by ordinary goodness.
Why Not Compromise?
Authors: McLeod Carolyn
Published: June 2020

Chapters 1 to 3 show that important interests are at stake in regulating conscientious refusals in reproductive health care, and that this is true for both conscientious objectors and patients. One might think, therefore, that devising a compromise between the parties would be the best way to deal with these conflicts. Chapter 4 rejects this approach, however, on the grounds that developing a good or even a true (i.e. genuine) compromise is unlikely to happen for typical refusals in reproductive health care. The chapter delves deeply into the nature of compromises and also uses what has been called the “conventional compromise” (conscientious objectors can refuse to provide the offending service but must offer a proper referral for it) to illustrate why the compromise approach fails.
Fidelity to Patients
Authors: McLeod Carolyn
Published: June 2020

The central claims of Chapter 5 are that health care professionals who serve a gatekeeping role are fiduciaries for their patients (normatively speaking), they therefore have a fiduciary duty of loyalty to them, and this duty prohibits them from making typical conscientious refusals because doing so jeopardizes health interests of their patients. This chapter explains why this argument works even though typical objectors tend to view the fetus or embryo whose life is at risk as their second patient. At the same time, the author agrees that making a referral to a colleague who is willing and able to provide the offending service, rather than providing it oneself, can be a morally appropriate option for a conscientious objector. The chapter as a whole defends the approach to typical refusals of prioritizing patient interests, specifically for cases where the objector and patient have an existing fiduciary relationship. The author also extends her analysis to atypical refusals in reproductive health care.
Fidelity to Purposes
Authors: McLeod Carolyn
Published: June 2020

Chapter 6 centers on a duty—endorsed by licensing bodies and health professional organizations—that health care professionals have to the public to promote public health, and more narrowly, to foster equitable access to medical care. The author argues that this duty is a type of fiduciary duty, although a different type than the one health care professionals have in their relationships with current patients. The duty to the public demands the professional’s fidelity not to individual people but to abstract purposes. Health care professionals are morally required to be loyal to the purposes of furthering public health and equitable access, which they can achieve only by prioritizing the interests of prospective patients in gaining access to care over their own interests. Such prioritizing limits, in turn, the extent to which they can legitimately refuse to take on new patients because of their conscientious objections.
Poetry Explication
Authors: Buurma Rachel Sagner , Heffernan Laura
Published: June 2020

Why has it been so hard to retain an accurate representation of the varied nature of critical practice through each generation? This chapter argues that Joseph Kuntz and George Arms’s 1950 Poetry Explication may provide an answer: it suggests that formalist close reading became dominant by rendering explications—rather than poems—as autonomous. By excerpting explications from their original print contexts, Kuntz and Arms’s bibliographic index excises the immediate considerations—historical, biographical, bibliographical—that extend from a critic’s turn to a poem. Shorn of such contexts, the many and varied ‘explications’ seem to approach an asymptotic ideal of what close reading is and does. Revealing that formalism’s rise required a curation of criticism, the index invites us to think about how scholarly tools that usher readers in and out of scholarly textual worlds had a role to play in the making of ‘close reading’.
Slow Revelations
Authors: Brooker Joseph
Published: June 2020

This chapter examines the connection between modernism and close reading with reference to one major modernist writer, James Joyce. It examines a small number of examples of the close reading of Joyce’s fiction, trying to identify what happens at the level of interpretation, and also to describe what happens in the language of the critic. A premise of this discussion is that what we think of as close reading, when communicated to us, also implies a practice of writing. As Hugh Kenner, one of the readers under discussion, once remarked: ‘Criticism is nothing but explicit reading, reading articulating its themes and processes in the presence of more minds than one.’ The chapter seeks to discern how the writing of the critic, in thus making reading ‘explicit’, inflects our sense of the literary work.
Nabokov and the Privilege of Style
Authors: Ravinthiran Vidyan
Published: June 2020

Nabokov’s prose is often purple, and looks to build itself into permanent structures, even if its run-on riffs maintain a provisional quality, a sense of forms grasped for and experimental and seeking to be adequate to a fraught and cosmopolitan history. This chapter shows that the experience of reading Nabokov (on such weighty matters as political and sexual tyranny, commercialism, nationhood, and exile) can be understood through a form of biographical criticism attentive to history and how it conditions a prose style we live through from sentence to sentence. While there have been energetic conversations in literary studies in recent years about a return to form, it remains the case that stylistic readings—intimately attentive to grammar, metre and lexis—are still relatively thin on the ground. In turning to Nabokov’s modernist artistry, this chapter looks to test the field’s changing views on the critical and contextual importance of prose style against what actually happens on the page.
Experiencing the Modernist Storymind
Authors: Cuddy-Keane Melba
Published: June 2020

The modernist storymind has long been associated with discontinuous and multidirectional time: mind time layered over clock time. This chapter’s argument is that, just as temporal experience in modernist narrative is mobile and pluralist, so too the reader’s spatial imagination is led through dynamic and mobile shifts. Seeing in modernist narrative is not a fixed gaze on a static object; instead, description produces what the chapter terms storied space: not only do different forms of scene construction articulate differently modelled stories but the accumulative space is multi-storied—a palimpsest of spatial models. Drawing on examples from E. M. Forster, Willa Cather, and Virginia Woolf, the chapter outlines three possibilities for narrated space: (1) opening descriptions that narrow or widen views with corresponding alterations in scale; (2) powerful middles sustained through memory as spatial juxtapositions; and (3) spatial configurations accumulating throughout a narrative and generating a layered composite map.
Blue Helmets’ Diversity
Authors: Bove Vincenzo , Ruffa Chiara , Ruggeri Andrea
Published: June 2020

This chapter addresses the question of whether it is better or worse to have many troops from multiple national armies within a United Nations peacekeeping mission. On the one hand, high levels of diversity create obvious organizational challenges and coordination problems. On the other, high levels of diversity produce a mix of complementary perspectives, skills, and solutions. Through case study analysis, the chapter traces the connections between field diversity and mission outcomes as they appear in three missions: UN missions in Lebanon (UNIFIL II), in Mali (MINUSMA), and in the Central African Republic (MINUSCA). Using statistical analysis, the chapter shows that high levels of field diversity have a substantial effect on the protection of civilian lives and reduces the number of battle-related deaths.
Diversity between Force Commander and Blue Helmets
Authors: Bove Vincenzo , Ruffa Chiara , Ruggeri Andrea
Published: June 2020

This chapter explores the relationship between Force Commanders and their peacekeeping troops. The qualitative material suggests that strategic divergences or cross-cultural misunderstandings between peacekeepers and their Force Commander may jeopardize a mission’s effectiveness. Yet, a mission composed of troops with high distance from the Force Commander can be interpreted as a signal of the commitment of the wider United Nations, representing global interest in a local context. Moreover, when the potential negative effects of greater or lesser dissimilarity between Force Commanders and troops are tempered by contact and learning, peacekeeping effectiveness should improve. The net effect, assessed through quantitative analysis, suggests that dissimilarity between Force Commanders and peacekeepers matters mostly for protecting civilians, whereas it does not seem to be relevant for resolving the conflict between belligerents. Conversely, a greater linguistic distance between the Force Commander and Blue Helmets might hamper civilian protection.
Sir William Hamilton
Authors: Mander W. J.
Published: June 2020

William Hamilton epitomizes very clearly the challenge that contemporary philosophers face in studying their nineteenth-century predecessors. There can be few thinkers who have been the subject of such a massive reversal of reputational fortune as Hamilton, from being heralded in his day as a philosophical genius to being ignored by subsequent generations as a pompous blunderer. The chapter examines the central principles of Hamilton’s metaphysics, with special reference to his assertion of the relativity of knowledge and the law of the conditioned. The chapter considers how his metaphysical system relates both to that of Kant’s Critical philosophy and the Scottish common sense school, and examines its application to the specific concepts of substance and adjective, space and time, causality, free will and God.
Herbert Spencer
Authors: Mander W. J.
Published: June 2020

This chapter examines the philosophy of Herbert Spencer which, after a discussion of his epistemology, focuses on his agnostic assertion of the unknowable as a means of reconciling the spheres of religion and science. Taking first a general perspective, the chapter examines his case against the possibility of religious knowledge as well as his claim that science too deals on with symbols or appearances, before considering in more detail his specific views about space, time, matter, force, causation, and human fee will. The discussion concludes with an examination of the way in which his psychology seemingly points in two opposite directions.
Thomas Henry Huxley
Authors: Mander W. J.
Published: June 2020

We have seen how in Hamilton, Mansel, and Spencer the combination of metaphysical realism and a belief in ‘the relativity of knowledge’ leads to agnosticism about ultimate reality—the position that cognition stands defeated before the ‘unconditioned’, or ‘absolute’, or ‘unknowable’. But the thinker most associated with the term ‘agnosticism’—indeed, the one who first came up with the word—was Thomas Henry Huxley. This chapter begins by examining Huxley’s own account of the origins of the term ‘agnosticism’ as well as his relationship with Herbert Spencer. Following a general discussion of his philosophical orientation that takes into account his suspicion of metaphysics, his strict adherence to scientific methodology, and his views about both Hume and Kant, the discussion moves on to consider in more detail his views about religion, causation, the external world, and the mind–brain relationship. The chapter concludes by contrasting Huxley’s views about ethics and evolution with those of Herbert Spencer.
The British Idealists
Authors: Mander W. J.
Published: June 2020

British Idealism came to the fore in the 1870s, by which time the figures of Mill and Hamilton were fast disappearing into history. Hence the Idealists’ two-fronted war on agnosticism and empiricism was conducted against more contemporary representatives such as Spencer and Huxley on the one hand, and Bain and Lewes on the other. But at the same time as criticizing rival approaches, more positively—both in theory and through the actual construction of bold metaphysical systems—the Idealists urged the potential of reason adequately to understand reality; for in their eyes the former was something fundamentally of a piece with the latter. The British Idealist movement lasted several decades and took in a great many names, but this chapter confines its attention to just four representative figures, John and Edward Caird, Andrew Seth Pringle-Pattison, and Henry Jones.
F. H. Bradley
Authors: Mander W. J.
Published: June 2020

Earlier discussions of the development of agnosticism and of empiricism demonstrated how an initially quite clear and straightforward position, evolving through dialogue with its rivals, gradually developed into an orientation so complex and multiform that at times it might seem to be pointing in almost the exact opposite direction to that in which it first set out. The final chapter of this book uses an examination of the philosophy of F. H. Bradley to show that exactly the same process of contradictory and complex development holds true of Idealism also. After general consideration of his objections to empiricism and to unknowability, special attention is paid to an early discussion of his on the relativity of knowledge and to Collingwood’s thesis that his philosophy is best understood as polemic against Mansel. The chapter concludes with a consideration of his unorthodox belief that, idealism notwithstanding, reality must be understood transcending thought—a form of realism that which seem to bring his thought back round again to a position not so different from the agnosticism of Hamilton and Mansel from which our story started.
Etymological Recirculation in Seamus Heaney, R. F. Langley, and J. H. Prynne
Authors: Williams David-Antoine
Published: June 2020

This chapter discusses ways in which three poets approach etymology as a vehicle of cultural recirculation. The section on Seamus Heaney describes his career as deepening three lines of etymological influence—Old English, Irish, and Latin—beginning in an imitative and versioning mode, and concluding with direct translations. For Heaney, the etymological substrate confers ‘aura and authenticity’, which results in etymological figures that are self-buttressing and self-confirming, qualities he also ascribes to poetry more generally. R. F. Langley’s ‘semiosis of the forest’ is discussed with reference to a number of poems and journal entries, which make attempts at recirculating human experiences, especially of nature, literature, and scholarship, into a poetic present. The chapter concludes with a reading of J. H. Prynne’s Kazoo Dreamboats; or, On What There Is as performing an ‘atomic etymology’, breaking down language and literature into elemental particles which are then reassembled according to new ontologies.
Geoffrey Hill’s Etymological Crux
Authors: Williams David-Antoine
Published: June 2020

This chapter is an investigation into Geoffrey Hill’s philosophy of language, which is at its heart philological and etymological, and which engages questions of theology, metaphysics, ontology, ethics, and poetics. It is a philosophy that is perpetually led back to states of self-opposition and contradiction, latterly described as ‘agon’, and ‘gnostic poiesis’. Etymologically this is manifested in the terms which receive extensive poetic and critical attention in Hill—terms which lie on an ‘active–passive divide’—as well as in the method of interrogation, which is self-oppositionally both a ‘tearing up by the roots’ and a ‘rediscovering’ and careful ‘nurturing’ of them. Hill’s various paradigms for language and for poetry are examined, centring on Hebrew language, the fable of the Fall of Man, Original Sin and its early modern metaphysical extensions, and gnosticism, as well as his sources in Milton and Coleridge.
Paul Muldoon’s Etymological Thread
Authors: Williams David-Antoine
Published: June 2020

Paul Muldoon’s ‘negative epistemology’, which claims both total knowing and total unknowing on the part of the poet, is a main theme of this chapter, due to the double and porous valences etymologies often acquire in his work. This is explored in the context of tropes of fusion and confusion (as in Muldoon’s ‘pied’ readings or Joyce’s ‘conglomerwritings’, as well as poetic motifs of boundary, transience, and transgression), conjunction and disjunction (focused on Muldoon’s ‘or’ phrases), and Muldoon’s ambivalently serious invocations of determinative onomastics, or nomen est omen. The final sections propose an etymological approach to Muldoon’s oeuvre, which would read the development of motifs, themes, diction, and even rhymes diachronically across the corpus.
Introduction
Authors: Samet Klimchuck
Published: June 2020

This introductory chapter provides an overview of this book’s study of the history of equity. In his celebrated Lectures on Equity, FW Maitland famously declared that all that could be said in answer to what is distinctive of the law of equity is that it comprises ‘that body of rules administered by our English courts of justice which, were it not for the operation of the Judicature Acts, would be administered only by those courts which would be known as Courts of Equity’. If Maitland was right, then there is no reason to think the law of equity names something about which there could be philosophical foundations. The contributors to this volume share, for the most part, and in various degrees, the view that Maitland was wrong. Since at least the time of Aristotle, equity has captured the interest of philosophers, and that fascination continues today. As equity’s place in the legal system continues to evolve, equity’s correction of the law, equity’s distinctiveness, and equity’s moral dimensions will continue to remain central questions. Philosophical analysis of these aspects of equity in general and equity in common law legal systems promises to help in understanding and better shaping these developments.
Aristotle at the Foundations of the Law of Equity
Authors: Klimchuk Dennis
Published: June 2020

This chapter argues that equity in the Aristotelian sense of correcting for errors arising from the generality of law is no less available in common law than in equity. Indeed, Aristotle’s account is reflected, in remarkable details, in the common law interpretive doctrine of equitable construction. Lord Ellesmere’s appeal to Aristotle in The Earl of Oxford’s Case, then, would seem to undermine rather than support the claim to the jurisprudential independence of equity and jurisdictional independence of Chancery. However, there is another current in Aristotle’s account of equity, substantive rather than functional, that fares much better as the basis of an account of equity’s distinctiveness. This is the idea that equity enjoins persons from being sticklers for their rights in a bad way.
Equity as Supplemental Law
Authors: Miller Paul B
Published: June 2020

This chapter argues that implicit in the idea that equity intervenes to prevent persons from inequitably standing on or opportunistically exploiting their legal rights is a remedial conception of equity, according to which its distinctiveness issues from the way it corrects for injustices arising from the strict application of law. While shedding important light on the nature of equity, exclusive focus on its remedial aspect has obscured a second, no less significant role played by equity, namely as a source of supplemental law. Equity does not only restrain or qualify the exercise of primary rights; it is also the source of such rights. Some such rights fill gaps remedially by establishing constraints on existing rights. Others fill gaps interstitially and so expand by adding to existing legal rights. In a third category, equity fills gaps by developing novel frameworks of rights. As such, while many doctrines of equity are remedial, part of what makes equity distinct are the distinctive resources it brings to the task of supplementing law.
The Constitution of Equity
Authors: Fox-Decent Evan
Published: June 2020

This chapter shows that a remedial conception of equity is incomplete, at least in the forms that cast its aim as enjoining opportunists and those who are sticklers for their rights in a bad way. Along with its anti-opportunist domain, equity has a jurisdictional sphere. In its jurisdictional sphere, equity’s concern is determining the rightful scope and exercise of other-regarding powers. An opportunist or a sticker in a bad way is just someone who has abused an other-regarding power. In this respect, equity and its doctrines exhibit a number of striking parallels with the jurisdiction and doctrines of administrative law. From this, the chapter then draws two conclusions. First, both domains express jurisdictional justice. Second, is either closely related to public law, or is really just a branch of public law. This second lesson explains a number of distinctive features of equity, for example its second-order structure, its historical deployment of the concept of conscience, and the characteristic properties of Equitable remedies.
Fusion of Law and Confusion of Equity
Authors: Smith Henry E
Published: June 2020

This chapter argues for viewing equity as a second-order system—law about law, or meta law—whose loss through fusion has created a variety of jurisprudential quandaries. On this view, equity serves as a second-order safety valve particularly suited to problems of great variability and uncertainty—including opportunism, conflicting rights, and multipolar conflicts—and although such problems were not the exclusive preserve or the only focus of equity courts, the former jurisdictional divide did much to highlight the second-order equitable function. The flattening out of this second-order equitable function through fusion of law and equity has intensified numerous jurisprudential controversies—including the debate between formalism and contextualism and the distinction between rules and standards—in contrast to the older, less polarized path of hybrid law-equity. Effacing distinctive second-order equity also leads to extreme views about the supposed death of contract and all-consuming tort. Even the relationship of law and morality tends to be more fraught when equity as meta law is taken off the table.
The Security Service Mandate
Authors: Mahoney Ewing
Published: June 2020

This chapter traces the steps taken to implement the Stewart Report, and the fresh mandate for the Security Service which it produced. This was the Attlee Directive, a bowdlerized version of which adopted in 1952 became known as the Maxwell Fyfe Directive, diluting the political supervision of the Service which the Attlee Directive had embraced. The Attlee Directive was never published and was released to the National Archives in 2009, while the Maxwell Fyfe Directive was revealed only in 1963. What has not been revealed until now, however, is the expansion of MI5’s mandate by means of secret Supplementary Directives, in response to the clear failure of MI5 to operate within the boundaries of its authority.
Surveillance Targets
Authors: Mahoney Ewing
Published: June 2020

This chapter discusses the targets of surveillance. It examines four groups who were the subject of surveillance during the Cold War: the Communist Party of Great Britain (the CPGB), the peace movement, the trade union movement, and the National Council for Civil Liberties (NCCL), which might be described today as a non-governmental organization (NGO). It is important to stress that the organizations and individuals subject to surveillance were involved in lawful activity and that the Security Service had no statutory authority to engage in the surveillance in question. It is also important to emphasize that these were not the only organizations to be the subject of surveillance, with the Haldane Society of Socialist Lawyers being another notable example, in addition to those already mentioned. Finally, it is important to be reminded that the organizations considered in this chapter were under surveillance by virtue of a mandate that gave MI5 authority to defend the realm, particularly in relation to threats from espionage, sabotage, and subversion.
Surveillance Methods
Authors: Mahoney Ewing
Published: June 2020

This chapter examines the surveillance methods used by the MI5. It is a curious feature of MI5’s mandate that it included nothing about the methods to be used for the purposes of the defence of the realm, which was its core task. The Security Service would obtain information about individuals and organizations in a number of ways, which might be described as volunteers who spontaneously reported fellow citizens; monitoring by Special Branch, infiltration, and the use of informers; watching and following; interrogation and questioning; and the interception of communications (mail, telegrams, and telephones); as well as the use of secret microphones hidden in various locations; and foreign security and intelligence agencies. The chapter also looks at the different circumstances in which these different forms of surveillance were used: a contrast between routine and intense surveillance; between passive and active surveillance; and between constant and periodic surveillance.
Democracy under Surveillance
Authors: Mahoney Ewing
Published: June 2020

This chapter focuses on MPs, about whom concerns are rightly raised when questions turn to who is a legitimate surveillance target. While it might be hard to argue that MPs should always be protected from surveillance, the circumstances in which such action might be authorized ought nevertheless to be quite exceptional. The chapter then assesses the reasons why an MP might have been under surveillance; the different forms that surveillance might take; and the role of the Prime Minister in encouraging or forbidding surveillance of particular MPs. Although there is some evidence of letter opening and phone tapping, much of the material collected about targeted MPs came principally from collateral sources. The close surveillance of the Communist Party in particular helped to keep watch on the two Communist Party MPs elected after the war, and also helped to nourish many other KV files, including those of prominent Labour MPs, by no means all of which have been released.
The Rule of Law under Surveillance
Authors: Mahoney Ewing
Published: June 2020

This chapter addresses the surveillance of lawyers. Lawyers had no immunity from MI5 surveillance during the Cold War, and progressive lawyers had even less. However, just as the surveillance of MPs was an affront to the principles of parliamentary democracy that MI5 was under a mandate to defend, the surveillance of lawyers was just as great an affront to the Rule of Law, another core liberal value that the Service was bound to respect and sustain, albeit that it did neither convincingly. There is no legitimate reason why lawyers should be targeted, unless there was reason to believe that they were involved in espionage or subversion, of which there is evidence of neither. In the absence of any such suspicion, radical movements are entitled to confidential legal advice, as are radical individuals involved in litigation, while lawyers who provide support for unpopular causes are entitled to expect freedom from harassment by the State.
The Guilty Secret
Authors: Mahoney Ewing
Published: June 2020

This chapter studies the use of the controversial surveillance method called ‘Special Facilities’ (SF), the use of which historically MI5 to this day seems keen to conceal. SF was the code name for telephonic electronic eavesdropping, and sometimes for the use of microphones by MI5 for covert purposes in any circumstances. SF in this former sense was often, but not always, used in conjunction with a telephone interception, which was almost invariably set up at the telephone exchange, or at least outside the target’s home or office. The legal questions raised by the use of SF were never properly addressed until 1989. At the heart of it, however, is the question of whether the placing and use of covert listening devices was lawful.
Vetting and the Secret Blacklist
Authors: Mahoney Ewing
Published: June 2020

This chapter discusses the use of vetting in the civil service purge. Vetting took two forms—normal (or negative) and positive vetting (PV)—and both were used to screen recruits and to ‘purge’ those already employed. There can be no objection to the principle that governments have a duty to ensure that sensitive security information does not get into the hands of the enemy, whether in war or peace. To that extent, it would be hard to argue against the practice of vetting to protect information from being compromised. That said, it must be recognized that the consequence of vetting was to discriminate against individuals, either on grounds of their political affiliations or beliefs, or on the ground of their lifestyle. It must also be recognized that while some of the individuals in question would be found work of a non-security nature, the effect of vetting would be to blight careers and opportunities.