bluuebunny/crossref_metadata_2025 huggingface dataset:
Conclusion: The Legacy of Francis’s Rule
Authors: LAVEN DAVID
Published: January 2010

This chapter both summarises the key findings of the book, and seeks to explain why Venice and Venetia had turned by 1848 from being extremely stable to being a hotbed of political unrest. It is stressed that many of the causes for 1848 had their origins in structural problems that were a legacy of Francis I's rule, yet the key reasons for insurrection were short-term, stemming both from an economic crisis, which dogged much of Europe, and the shortcomings of Francis I's successor, his son Ferdinand.
Nuns in the Large Women’s Monasteries
Authors: Harrington Christina
Published: January 2010

Monasteries in early medieval Ireland resembled nothing so much as slightly miniaturised villages. By the 7th century, there were many places resembling this general description, so successful had Christian evangelism been. A handful were women's monasteries, and one at least was a double house. Though the sources on large female monasteries are patchy, a good deal can be gleaned: the rules, daily activities, ministry to the laity, as well as attitudes on nuns' chastity. This chapter looks at nuns in large women's monasteries in Kildare, Killeedy, Killevy, and Clonbroney. Ceremonials in large Irish nunneries are also discussed, along with claustration, and the openness of nunneries in the 7th to 9th centuries.
Proximities and Boundaries: Sexual Anxiety and the Monastery
Authors: Harrington Christina
Published: January 2010

When the earlier portrayals of male–female relations in the church are compared with the images in the later hagiography, the overriding characteristic is continuity, as it was with the nuns' professions and the other subjects discussed in the preceding chapter. Yet the issues and problems of sexuality within the monastic world in early medieval Ireland were being addressed more than they had been before, and subtle but important changes were afoot. In both male and female lives of the period, the normal course of events remained as it was in the earlier ones. Monks, clerics, and nuns interact in close proximity on account of friendship, collaboration, and mutual support: such arrangements neither scandalised nor puzzled the redactors. This chapter examines sexual anxiety among nuns; presence of nuns in male monasteries; proper proximity between monks and nuns, monks and laywomen, and nuns and laymen; relation between male saints and female saints; nuns' sexuality, abortions, and absolutions; and women's seduction of monks or clerics.
The Justice of Islam
Authors: Rosen Lawrence
Published: January 2010

One out of five people in the world today lives subject to Islamic law, but stereotypes of rigid doctrine or harsh punishment obscure an understanding of the values and style of reasoning that characterize everyday Islamic adjudication. By considering its larger social and cultural context, Islamic law is shown to be a kind of common law system: justice is sought through a careful assessment of persons, more than facts, and justice resides not in equality, but in a quest for equivalence. Through ordinary court proceedings the style of reasoning is seen to be embedded in a set of cultural assumptions, thus rendering the study of Islamic legal proceedings a window on Muslim society generally. Using data ranging from the courts of North Africa to the treatment of Islam in American courts, from a reinterpretation of the Prophet's sociological jurisprudence to the analysis of Islamic concepts of responsibility and trust, these essays demonstrate the enduring appeal of Islamic law in the lives of ordinary adherents.
From courtroom to courtyard: Law and custom in popular legal culture
Authors: ROSEN LAWRENCE
Published: January 2010

Using the setting of a North African court and comparisons to other Muslim domains this chapter argues that law is not separated from custom in Islam, but is conceived as part of it. Since every Muslim time and area acknowledges that custom may take precedence over even the sacred law this becomes a key corrective to Orientalist thinking.
Whom do you trust? Structuring confidence in Arab law and society
Authors: ROSEN LAWRENCE
Published: January 2010

This chapter explores the concept of trust for its meaning and implications in Islamic societies. It argues that trust is based on social consequences rather than roles or preconceived images. The result is that trust must constantly be earned in interpersonal relationships rather than assumed to accompany roles or institutions.
Muhammad’s sociological jurisprudence
Authors: ROSEN LAWRENCE
Published: January 2010

This chapter suggests that Muhammad had a definite concept of jurisprudence even though the Quran is not primarily couched in terms of legal obligations. The emphasis is on social consequences, the preservation of the community of believers, and the avoidance of social chaos.
An Overview of the Oslo Accords
Authors: WATSON GEOFFREY R.
Published: January 2010

This chapter presents the history of the peace process since the signing of the Declaration of Principles in 1993. Topics discussed include the Gaza–Jericho Agreement, the Interim Agreement on Implementation of the Declaration of Principles or Oslo II, and the Hebron Protocol.
Amendment of the Palestinian National Charter
Authors: WATSON GEOFFREY R.
Published: January 2010

This chapter examines the now-completed Palestinian obligation to amend the Palestinian National Charter. Palestinians have amended their National Charter to delete clauses offensive to Israel, including those calling for the destruction of Israel. However, precisely when this was achieved is a matter of debate. The Palestinians claim that they did so as early as 1996, when the Palestine National Council adopted a resolution endorsing changes in the Charter; or even as early as 1993, when Chairman Arafat wrote to Prime Minister Rabin that the offending provisions were ‘no longer valid’. Israel maintains that the Palestinians did not formally amend the Charter, in accordance with their own constitutional requirements, until December 1998, when Palestinians gathered in Gaza and endorsed amendment of the Charter in the presence of US President Bill Clinton and other foreign dignitaries.
Theory of Nonequilibrium Superconductivity
Authors: Kopnin Nikolai
Published: January 2010

This book presents modern theory of nonstationary and nonequilibrium superconductivity. It deals with superconductors in external fields varying in time and studies transport phenomena in superconductors. The book provides the microscopic theory based on the Green function formalism within the Bardeen, Cooper, and Schrieffer (BCS) theory. The method of quasiclassical Green functions is formulated for both stationary and nonequilibrium problems in the theory of superconductivity. Chapters 1 to 4 give an introduction to the Green function formalism in the BCS theory for clean materials and alloys. In next two chapters, the quasiclassical approximation is introduced and applied to some generic stationary problems such as the Ginzburg–Landau (GL) equations, critical magnetic fields, gapless superconductivity, d-wave superconductivity, bound states in the vortex core. Chapter 7 describes the quasiclassical method for layered superconductors. In Chapter 8 the nonstationary theory is formulated using both the method of analytical continuation and the Keldysh diagram technique. Next two chapters are devoted to the quasiclassical approximation and to generalized kinetic equations in nonstationary situations. Chapter 11 demonstrates how the GL model can be extended to nonstationary problems. A considerable part of the book is devoted to the vortex dynamics, which treats behaviour of type II superconductors when they carry electric currents in presence of a magnetic field. Chapters 12 to 15 deal with the dynamics of vortices. In Chapter 12, the time-dependent GL model is used to calculate the resistivity in the flux flow regime. Chapter 13 derives the forces acting on a moving vortex using the Green function formalism and applies the microscopic theory to the vortex dynamics in superconducting alloys. In Chapters 14 and 15 the vortex dynamics in clean superconductors is considered and the flux-flow conductivity, the vortex Hall effect, and the vortex mass are calculated.
Introduction
Authors: Kopnin Nikolai B.
Published: January 2010

This introductory chapter gives a brief outline of the general ideas of the theory of superconductivity and the basic quantities that characterize the superconducting state are introduced, such as the order parameter, superconducting energy gap, the excitation spectrum, the coherence length, and the magnetic field penetration length. The Ginzburg–Landau model is discussed which provides the simplest description of stationary superconductors and allows for the calculation of the critical magnetic fields. Its application to the vortex state of type II superconductors is described. The upper critical magnetic field is calculated. The microscopic Bogoliubov–de Gennes equations are introduced together with the concept of quasiclassical approximation. The typical problems of nonstationary theory are formulated; the simplest methods of their solution, such as the kinetic equation approach and the time-dependent Ginzburg–Landau model, are discussed.
Rate constants, reactive flux
Authors: Henriksen Niels E. , Hansen Flemming Y.
Published: January 2010

This chapter discusses a direct approach to the calculation of the rate constant k(T) that bypasses the detailed state-to-state reaction cross-sections. The method is based on the calculation of the reactive flux across a dividing surface on the potential energy surface. Versions based on classical as well as quantum mechanics are described. The classical version and its relation to Wigner's variational theorem and recrossings of the dividing surface is discussed. Neglecting recrossings, an approximate result based on the calculation of the classical one-way flux from reactants to products is considered. Recrossings can subsequently be included via a transmission coefficient. An alternative exact expression is formulated based on a canonical average of the flux time-correlation function. It concludes with the quantum mechanical definition of the flux operator and the derivation of a relation between the rate constant and a flux correlation function.
Bimolecular reactions, transition-state theory
Authors: Henriksen Niels E. , Hansen Flemming Y.
Published: January 2010

This chapter discusses an approximate approach — transition-state theory — to the calculation of rate constants for bimolecular reactions. A reaction coordinate is identified from a normal-mode coordinate analysis of the activated complex, i.e. the supermolecule on the saddle-point of the potential energy surface. Motion along this coordinate is treated by classical mechanics and recrossings of the saddle point from the product to the reactant side are neglected, leading to the result of conventional transition-state theory expressed in terms of relevant partition functions. Various alternative derivations are presented. Corrections that incorporate quantum mechanical tunnelling along the reaction coordinate are described. Tunnelling through an Eckart barrier is discussed and the approximate Wigner tunnelling correction factor is derived in the limit of a small degree of tunnelling. It concludes with applications of transition-state theory to, e.g. the F + H2 reaction, and comparisons with results based on quasi-classical mechanics as well as exact quantum mechanics.
Introduction: An Archaic Verb System?
Authors: DE MELO WOLFGANG DAVID CIRILO
Published: January 2010

This chapter gives a brief outline of the ‘regular’ verb forms known from the classical era and an overview of what types of extra-paradigmatic verb forms occur. The main questions of the book are asked. Most of these require a detailed synchronic analysis, but some are diachronic in nature. The importance of statistical analysis for languages without native speakers is emphasized and basic corpus-linguistic techniques are introduced.
Infinitivals with Future Meaning in Archaic Latin
Authors: DE MELO WOLFGANG DAVID CIRILO
Published: January 2010

In Plautus and Terence a present infinitive in the accusative and infinitive construction can be posterior in meaning. The future infinitive, which also occurs under these circumstances, is the only possibility in the classical era. The present infinitive with posterior time reference is subject to certain restrictions in the early period. It can only be used if the verb (with its complements) is telic in meaning; it is particularly frequent if the subjects of the superordinate verb and of the infinitive are identical; and it occurs more often than expected if the infinitive is dare ‘to give’.
Space and the 'March of Mind'
Authors: Jenkins Alice
Published: January 2010

This book is about the idea of space in the first half of the 19th century. It uses contemporary poetry, essays, and fiction as well as scientific papers, textbooks, and journalism to give a new account of 19th-century literature's relationship with science. In particular, it brings the physical sciences more accessibly and fully into the arena of literary criticism than has previously been the case. Writers discussed in this book include many who will be familiar to a literary audience (including Wordsworth, Coleridge, and Hazlitt), some well-known in the history of science (including Faraday, Herschel, and Whewell), and a raft of lesser-known figures. Alice Jenkins draws a new map of the interactions between literature and science in the first half of the 19th century, showing how both disciplines were wrestling with the same central political and intellectual concerns — regulating access to knowledge, organising knowledge productively, and formulating the relationships of old and new knowledge. Space has become a subject of enormous critical interest in literary and cultural studies. This book gives a wide-ranging account of how early nineteenth-century writers thought about — and thought with — space. Burgeoning mass access to print culture combined with rapid scientific development to create a crisis in managing knowledge. Contemporary writers tried to solve this crisis by rethinking the nature of space. Writers in all genres and disciplines, from across the political spectrum, returned repeatedly to ideas and images of space when they needed to set up or dismantle boundaries in the intellectual realm, and when they wanted to talk about what kinds of knowledge certain groups of readers wanted, needed, or deserved.
Space and the Languages of Science
Authors: Jenkins Alice
Published: January 2010

This chapter develops the analysis of the rhetoric of nations in science by looking at how international competition in European science affected English scientists' rhetorical practice. During the 1820s and particularly the 1830s, the English scientific establishment was deeply troubled by its standing among its European allies and rivals. Scientists from all parts of the political spectrum tried to describe English science in terms of English history and culture, some to argue that a profound, ancient regime-style corruption and lassitude had set in and it was time for a revolution in the old scientific order. One widely voiced concern was about language: since Latin had more or less disappeared from use as a practical lingua franca, characteristic English ineptitude with modern languages was seriously holding back English science—or so Charles Babbage and others argued. But Latin had not vanished: it had simply gone under the surface of scientific language. It still played a powerful role in maintaining science's claim to be part of a more general culture, and it could be mobilized to bolster scientific claims to authority, prestige, and heritage. The chapter focuses on a ‘baptism’ in early 19th-century British science—that of Michael Faraday's names for the process of electrolysis. This baptism was a highly conscious and deliberate attempt to deploy rhetoric which would tie new scientific ideas into a much older matrix of cultural references and associations.
Geophysical networks
Authors: Caldarelli Guido
Published: January 2010

This chapter presents the area of river networks analysis, and provides some description of the analytical and experimental results in this field.
Introduction
Authors: HARRISON DAVID
Published: January 2010

This book tells the story of the construction and upkeep of a dense network of bridges and causeways that existed in every part of England during the medieval period. Many bridges had been constructed by the end of the middle ages, and there were approximately the same number in the mid-18th century. The substantial improvements in road transport during the second half of that century were therefore built on an existing and impressive infrastructure which dated back centuries, perhaps as early as the 13th century. The present book takes the story further back, proposing that the first bridges at most sites were constructed in the 500 years between 750 and 1250. In putting forward these arguments, the book rejects a long and widely held view that major improvements in transport were a post-medieval phenomenon.
Vaulted Stone Bridges: From the Eleventh Century to the Late Middle Ages
Authors: HARRISON DAVID
Published: January 2010

The earliest surviving stone arched bridge in England probably dates from the late 11th century, and it seems that at that date they were rare. Over the following centuries, a huge number were erected. Before 1200, very large estuarine bridges were being built in deep, tidal waters. Large arches were constructed in the north by the 13th century, and huge segmental arches by the 14th century. These developments must be related to the ability to erect stone vaults with great precision, to establish foundations in a variety of locations, and to undertake very complex construction projects. The remains of perhaps the oldest surviving vaulted stone bridge in England are encased in later widenings, and under the road to the south of Grandpont (Folly Bridge) in Oxford.
Integrating the Working Class
Authors: Hinton James
Published: January 2010

This chapter examines the attempts of the national WVS leadership to reach out to working-class female activists, often against opposition from both the established middle-class social leaders in charge of local groups, and the main organizations of working-class housewives. Despite repeated overtures to the Women's Co-operative Guild and the Labour Party, Lady Reading was unable to break down the long-standing suspicion with which Labour women regarded the middle-class women's movement, and such co-operation as there was tended to be grudging and seen by the Labour women as a temporary wartime expedient. While Conservative women sought to reinforce their claims to social leadership by active participation in the non-partisan women's movement, Labour women tended to pursue political influence through strictly policed boundaries of party and class, using the power bestowed by universal suffrage to organize a counter-hegemony on the terrain of local government politics.
Discipline and Charm
Authors: Hinton James
Published: January 2010

This chapter explores the complex and ambiguous relationship between WVS and local government. Voluntary work gave women influence in local government, and, in towns where the local council was in Labour hands, WVS could provided a site of resistance to the dominance of the labour movement. Gender as well as class played a central role in these relationships, from male councillors' hostility to what they saw as creeping ‘petticoat government’ by bossy middle-class women, to the calculated deployment of feminine charm to overcome the instinctive hostility of powerful men to female self-assertion. These local dynamics of power were complicated by Lady Reading's autocratic and hierarchical style of leadership, which she used to transmit national priorities determined in Whitehall to local social leaders who were often concerned to resist the centralising logic of state expansion.
Introduction: On Being Sceptical about Human Rights
Authors: Tomkins Adam
Published: January 2010

Over the past two decades, human rights have come to enjoy an ever more dominant position in national constitutional or public law. This has been as true for Canada and New Zealand as it has been for Poland and Hungary. One of the last countries in the common law world, and one of the last countries in Europe, to allow its domestic legal system to embrace human rights is the United Kingdom, whose Parliament passed the Human Rights Act 1998. The Human Rights Act 1998, which came into effect in October 2000, was one of the most widely celebrated statutes to have been passed by the UK Parliament in many years. This book examines both the global phenomenon of human rights and the UK's participation in it, focusing on legislation in communist eastern Europe to South Africa via North America and Australasia. It deals with the general issue of the various reasons why we might be sceptical about schemes such as that adopted in the Human Rights Act to incorporate judicially enforced human rights norms into binding law.
Taking Wales Seriously
Authors: Rawlings Richard
Published: January 2010

This chapter discusses the legal protection of human rights in Wales, which now has its own distinctive regime of entrenched provisions and is subject to the general law of the United Kingdom in the form of the Human Rights Act 1998. It examines legal and constitutional development inside the newly delineated territorial entity, and which is part of the intellectual effort of devolution. In contrast that is to the powerful Anglo-centric and metropolitan tradition of public law scholarship in the UK, which has reflected and reinforced an idea of the unitary state, with its stress on (territorial) uniformity in policy and practice. Special emphasis is on the idea of the devolution legislation — the Government of Wales Act 1998 — as a written constitution as well as a statute subject to revision at Westminster. That is, from the Welsh or territorial viewpoint, an overarching and entrenched constitutional instrument, which establishes, refines, and constrains the National Assembly for Wales. The duality and ambiguity of devolutionary development in Wales are also discussed.
Inflectional Morphology and the Loss of Verb-Second In English
Authors: Haeberli Eric
Published: January 2010

Old English (OE) exhibits word-order patterns which are reminiscent of the Verb Second (V2) phenomenon found in many modern Germanic languages. Thus, fronting of some constituent often leads to subject-verb inversion, to a word order in which the finite verb occurs in second position. This chapter addresses the question of why V2 was lost in the history of English. It proposes that the loss of V2 in English resulted from the loss of empty expletives and ultimately of a change in the verbal morphology. The chapter is organized as follows. Section 5.2 contains some general observations on the loss of V2 in English. Section 5.3 discusses and rejects two previous explanations of the loss of V2, and develops a new account based on comparative evidence from modern Germanic. Section 5.4 shows how the loss of V2 can be related to change in the verbal morphology of English. Section 5.5 addresses some remaining issues, while Section 5.6 summarizes the chapter.
A Reinterpretation of the Loss of Verb-Second in Welsh
Authors: Bury Dirk
Published: January 2010

This chapter argues for a different analysis of the Middle Welsh facts and of V2 in general. The analysis imposes strict constraints on the available VSO orders, and thus makes clear predictions on the circumstances under which a change from V2 to VSO should be possible. The chapter is organized as follows. Section 12.2 introduces a theory of V2, in which obligatory topicalization is the result of a type of verb movement, namely self-attachment. Section 12.3 shows how this theory can account for the existence of VSO languages. Section 12.4 applies their theory to Middle Welsh and investigates how it fares with regard to the developments in the history of Welsh. Section 12.5 concludes with a comparison of this analysis and the one proposed in Willis (1998).
Verb–Obiect Order In Old English: Variation as Grammatical Competition
Authors: Pintzuk Susan
Published: January 2010

This chapter examines the possible effects of case-marking on constituent order in Old English, and demonstrates that overt morphology does not play any role in determining verb-object order. The chapter is organized as follows. Section 16.2 discusses variation, optionality, and the concept of grammatical competition. Section 16.3 describes the case-marking system of Old English and shows that the language exhibits some of the well-known syntactic effects of morphological case. Section 16.4 shows that neither overt case-marking nor case ambiguity has any effect on verb-object order. Section 16.5 demonstrates that an analysis involving feature strength and leftward movement for case-checking is equivalent to grammatical competition, with no relationship to overt morphology. Section 16.6 provides distributional evidence for grammatical competition.
Movement, Morphology, and Learnability
Authors: Bejar Susana
Published: January 2010

This chapter focuses on the relation between morphological case and A-movement. It argues against the so-called Overt Attractor Hypothesis (OAH) under which case morphology is a cue for A-movement. It examines Old English dative experience verbs (impersonal verbs) which were reanalyzed as nominative verbs in the Middle English period. Three central claims are made: (a) the reanalysis of impersonal constructions in English resulted from the emergence of A-movement where there had been none; (b) there is no implicational relation between case morphology and the acquisition of A-movement; and (c) the emergence of A-movement was not triggered by properties of the primary linguistic data but by a requirement of the language acquisition device.
Object Shift and Holmberg’s Generalization in the History of Norwegian
Authors: Sundquist John D.
Published: January 2010

This chapter examines data on Object Shift and scrambling in Middle Norwegian (MNw) to explore a number of issues from a diachronic perspective. It shows that the status of Object Shift in early stages of Norwegian was similar to that of modern Mainland Scandinavian despite the striking differences in case inflection in early vs. modern Norwegian. It concludes that Object Shift is not case-driven, but rather, is a semantically-driven movement caused by interpretative features as object raise to a higher position outside the focal domain of the VP. The chapter also provides evidence indicating that MNw had both Object Shift and scrambling in the same period — an unusual state of affairs among modern Germanic VO languages.
Normanitas
Authors: THOMAS HUGH M.
Published: January 2010

Both before and after 1066, a strong sense of ethnic identity existed in Normandy, at least among the elites. To untangle the course of ethnic relations after the conquest, this chapter examines the basis of Norman identity, or Normanitas, and its strengths and weaknesses. Before turning to the nature of pre-conquest Norman identity, however, this chapter investigates whether this is the main way in which the conquerors of England viewed themselves. The formulaic phrase ‘to his men, French and English’, which appears in the opening lines of thousands of English charters, dating from shortly after the conquest to the early 13th century, raises the question of whether the invaders considered themselves Norman or French.
English Women and Norman Men
Authors: THOMAS HUGH M.
Published: January 2010

Women of both Norman and English ethnicity and of all social levels played a crucial part in the process of cultural assimilation. Their role in the integration of the public sphere was of course limited by the sexism of the society in which they lived, but to the extent that women acted in that sphere, they could, like their male counterparts, contribute to ethnic rapprochement. Far more important was their part in the integration of families. This chapter focuses on three specific groups: two queens of partially English royal background; English women, particularly aristocratic ones, who married Normans in the first generation or so after the conquest; and native women, mainly from outside the aristocracy, who became mistresses of powerful Norman men in later generations. The factor unifying these three groups is that they were all made up of English women who helped integrate the two peoples more or less independently from family ties within England.
Stereotypes and the Image of the English
Authors: THOMAS HUGH M.
Published: January 2010

This chapter explores the image of the English, with particular emphasis on stereotypes, during the medieval period. It argues that the image of the English was a crucial factor in sustaining the construct of Englishness, and that the positive stereotypes, and even to some degree the negative ones, helped to draw the descendants of the immigrants into an English identity. When medieval travellers encountered other groups, they experienced real differences in the way peoples acted. Stereotypes could play an important role in how people thought about ethnic identity, and in that context need to be considered very carefully. The type of characterisations discussed in this chapter was important in building group identity, in classifying people into groups, and in maintaining boundaries and barriers between peoples. Some of the material considered in this chapter was meant to be humorous, and even the insults could be employed in a bantering way.
History and Identity
Authors: THOMAS HUGH M.
Published: January 2010

Cultural assimilation was strongly affected by the precise nature of the social interaction between the English and the Normans during the medieval period. Yet one cannot simply mechanically trace the relative contribution of each ethnic group and the shape of the new integrated culture from the numbers of individuals in each people, or even from the numbers of each people in various social groups. Just as personal interaction and constructs of identity affected cultural assimilation, so the melding of the two cultures affected questions of identity and relations between the English and Normans, a point that is no more than common sense. This chapter examines the contribution of culture to ethnic relations and identity and the complexity of relations between culture and identity. Three case studies are discussed, one of which investigates the telling of history after the Norman conquest, showing more ways in which it influenced identity, but also showing the limitations of that influence and how identity shaped history.
The Rise of Historical Economics and Social Reform in Germany 1864-1894
Authors: Grimmer-Solem Erik
Published: January 2010

Social science and social reform flourished in Imperial Germany, and the historical economist Gustav Schmoller made fundamental contributions to both. Despite this, historians have neglected him. Questioning the term ‘German Historical School’ associated with Schmoller, this book reveals the European context of Schmoller's thought and the influence of empiricism, statistics, and advances in the natural sciences on his choice of methods. By exploring the social context in detail, it demonstrates how the nexus of young scholars around Schmoller fundamentally transformed German economics into a tool of social reform which was directly relevant to the many ‘social questions’ raised by rapid industrialization and urbanization in Germany in the 1860s. These reform efforts were novel in that they put forth the idea that inequality and poverty were ills emerging from the division of labour which society had an obligation to remedy. As a result, an awareness of the social implications of individual economic action emerged which proved remarkably useful for the development of social policy. Although the dissemination of this reform message influenced public opinion and put social reform on the political agenda, this book shows that Schmoller and his colleagues remained a beleaguered group, attacked from all political directions. It brings the fissures within German liberalism into sharp relief, revealing the persistence of a potent ideal of classlessness that fundamentally shaped German social policy. The author makes a unique and much-needed contribution to our understanding of the thought and milieu of Gustav Schmoller, the origins of social reform, and the development of the social sciences in Germany. The resulting volume addresses central questions in the historiography of the German Empire.
What was the Historical School? A Critical Reassessment
Authors: GRIMMER-SOLEM ERIK
Published: January 2010

This chapter presents a critical assessment of the ‘German Historical School’, testing the validity of this rubric in the history of economic thought by evaluating how it has been used and abused over time, what it came to mean, and some of the problems this raises.
The Mode of Production
Authors: GRIMMER-SOLEM ERIK
Published: January 2010

This chapter presents an empirical reconstruction of German economics as a university discipline during the era in question, and the place in this of historical economics. It investigates the university and non-university institutions, academic culture, professional bodies, publishers, monographs, and journals that enabled their scholarly output. It also evaluates the influence of Schmoller and his colleagues on this mode of production and the dynamics of change over time.
Empirical Knowledge and the Reform of Society, 1864–1872
Authors: GRIMMER-SOLEM ERIK
Published: January 2010

This chapter evaluates the closely related ascent of a new historical-statistical empiricism and social reform. It explores the strong links between empiricism, statistics, and historical scholarship in historical economics within the context of the labour question and German unification.
Conclusion
Authors: GRIMMER-SOLEM ERIK
Published: January 2010

This chapter presents some concluding thoughts from the author. It reflects upon the implications of the findings of this book for the place of Schmoller and his colleagues in the history of economic and social thought. It shows that the historical economists were practical idealists who believed that economics addressed questions bigger than satisfying the wants of commodity-trading individuals; it was a policy science concerned with the sources of national prosperity, a science of progress that unavoidably contained an applied ethical component.
Lecture One— The Pragmatic Method
Authors: COLEMAN JULES L.
Published: January 2010

This chapter discusses the basic elements of the pragmatic method. The method can be characterized in terms of five basic characteristics. These are (1) a commitment to semantic non-atomism; (2) the view that the content of the concepts is to be explicated in terms of their inferential role in the practices in which they figure (practical inferential role semantics); (3) the view that sometimes a philosophical explanation of a practice takes the form of showing how certain principles are embodied in it (explanation by embodiment); (4) the view that the way in which a concept figures in one practice influences its proper application in all others, and that, in this sense, practices are to be viewed holistically; and (5) a commitment to the in-principle revisability of all beliefs, categories, of thought, etc.
Lecture Four— Consilience
Authors: COLEMAN JULES L.
Published: January 2010

This chapter argues that the corrective justice account of tort law illuminates not only tort law, but also the connection between our institutions of corrective and distributive justice. It helps us understand the requirements of fairness in keeping track of the cost of life’s misfortunes more generally.
Lecture Eight— Inclusive Legal Positivism
Authors: COLEMAN JULES L.
Published: January 2010

This chapter considers the differences between inclusive and exclusive legal positivism, and distinguishes the chapter’s version of inclusive legal positivism from other accounts. It argues that other inclusive legal positivists have not always grasped, as well as they might, just what it is about the chapter’s thesis that is objectionable from the exclusive legal positivist point of view.
The Regionalist Movement in France 1890-1914
Authors: Wright Julian
Published: January 2010

This is the first full academic study of the political thought of the French regionalist movement in the Belle Époque. The book examines the private papers of Jean Charles-Brun, founder of the Fédération Régionaliste Française and rethinks the conceptual basis of regionalism through his intellectual biography, showing that it penetrated the political debates of the period as a commonplace in Republican arguments about state reform in France. Despite the often made association of regionalism with the right, the book reveals the diversity of political views expressed and demonstrates that the connection to left-wing federalism was emphatically present in the intellectual background. Interwoven with this discussion is an examination of the personal mission of Charles-Brun, who saw himself as a reconciler, using his regionalism within a mission to heal the divisions of French politics and society. He argued that France's political instability stemmed from an obsession with reforms that followed a priori political models, and that politicians who sought to rethink the shape of the Republic needed to attend to the cultural or economic realities expressed in France's regions. Charles-Brun and his regionalist movement continue to have resonance in current debates about decentralisation in France.
The Occultation of Regionalism in French History
Authors: WRIGHT JULIAN
Published: January 2010

This book provides the conceptual framework for a rediscovery of regionalism in France. The occultation of regionalism persists today despite its reappearance in some academic fields. Where regionalism has reemerged as a subject worthy of study, two developments in particular have helped to shed light on it. The revival of ethnology in the late 1970s had a strong influence, inclining contemporary students of folklore to take greater account of their predecessors in the Belle Époque. The second development that has drawn new attention to Belle Époque regionalism has been the success of cultural history, and in particular one of its central paradigms, the ‘construction of identity’. This book looks at the occultation of regionalism in French history and the history of the French political thought, the political ideas of Jean Charles-Brun and the role of Fédération Régionaliste Française (FRF) which he founded in 1900, the link between regionalism and the right, and the association between regionalist movement and political eclecticism.
Art and Catholicism
Authors: WRIGHT JULIAN
Published: January 2010

The study of Belle Époque regionalism in France has shown how the praxis of the regionalists came to underpin and indeed dominate their thinking. More fundamental still, however, was Jean Charles-Brun's belief in reconciliation. Many of the most prominent characteristics of the regionalist movement, led by Charles-Brun and the Fédération Régionaliste Française, may be traced not only to the Felibrige but also to a wide range of other associations. This chapter deals with Charles-Brun's intellectual and political concerns by looking at his Catholicism and the link between regionalism and Christian democracy. The major themes of Charles-Brun's literary and artistic criticism, the importance of local images and techniques in art, and the power of popular art, were closely linked to his belief that the Church had to form a new relationship with the people.
Spain
Authors: Reydams Luc
Published: January 2010

This chapter discusses universal jurisdiction in Spain. The chapter is organized as follows. Section A presents a tour d’horizon of the ambit of the country’s criminal law. It then considers the standing victims in criminal proceedings and the application of the principles of double criminality, lex mitior, and ne bis in idem. Section B deals with cases of universal jurisdiction or with judicial decisions in which the issue was raised. Section C concludes with a brief summary of the chapter.
Delineation of Jurisdictional Overlaps: Theory and Practice
Authors: SHANY YUVAL
Published: January 2010

This chapter discusses the potential for jurisdictional overlap between judicial and quasi-judicial bodies belonging to different categories of courts and tribunals, and between bodies belonging to the same category. It highlights the infrequent occasions where direct or indirect conflict of jurisdictions has actually taken place. Finally, the chapter assesses the probabilities for the occurrence of future jurisdictional conflicts in the light of anticipated trends in the work of competing international courts and tribunals.
Jurisdictional Competition in View of the Systematic Nature of International Courts and Tribunals
Authors: SHANY YUVAL
Published: January 2010

This chapter examines the systematic nature of international law and the structural relations between international courts and tribunals. It situates the relations between international courts and tribunals on a continuum between a full-fledged judicial system (comparable to a national judicial system) and a non-system (comparable to the relations between different national legal systems), and identifies the legal regime which should regulate jurisdictional competition between international judicial bodies.
Competition-Regulating Norms found in Instruments Governing the Jurisdiction of International Courts and Tribunals
Authors: SHANY YUVAL
Published: January 2010

This chapter examines the existing rules governing jurisdictional competition between different international courts and tribunals. It explores both the strengths and weaknesses of current norms, and suggests a legal construction corresponding to the level of cross-institutional coordination and harmonization regime that should apply at the international level.
Women on Top: Livia and Andromache
Authors: Barchiesi Alessandro
Published: January 2010

This chapter sees both the Leges Iuliae and the Ars Amatoria as creative attempts to redraw the boundaries for different groups of women. Focussing on two named individuals – the historical ‘first lady’ Livia and the mythological Andromache – it demonstrates the ways in which these two women at one time represent polar opposites (the ideal wife and the concubine respectively), and at another appear to occupy a ‘middle ground’ between the two poles. The instability of female categorisation in the Ars is, in turn, a (playful) commentary on the negotiation of gender roles in the Augustan age.
Introduction
Authors: ERTESCHIK-SHIR NOMI , RAPOPORT TOVA
Published: January 2010

How much of variations in verbal meaning, aspectual (Aktionsart) interpretation, and thematic information are actually contributed by the syntactic structure itself? And if all this information can be derived in the syntax, what is the role of the lexical representation of the verb? The editors' aim in this volume is the construction of a theory of the lexicon–syntax connection that will address these questions. Approaches to this issue can be roughly divided into two: the ‘lexicon-driven’ and the ‘syntax-driven’. In the former, all of a verb's meanings are listed in the lexicon, from which the various syntactic frames are projected. Differences in both structure and interpretation are attributed to differences in meaning, or lexical representation, of a verb or verbs. In the latter, the syntax-driven approach, much of a verb's meaning is derived from the syntactic structure in which it is projected. Differences in interpretation, whether related to aspectual classification or to argument number and type, are attributable to differences in the structural representation itself. The editors' conclusion is that this structure, whether lexical or syntactic, whether projected by the verb root or by functional or overt morphology, can indeed yield all and more of the information which was once considered to be in the domain of the lexicon. And yet the lexicon's role is still seen to be crucial: the determination of the lexical entry that will account for (in)compatibility with syntactic structure is a vital part of any research into the syntax of aspect.
How Do Verbs Get Their Names? Denominal verbs, Manner Incorporation, and the Ontology of Verb Roots in English
Authors: HARLEY HEIDI
Published: January 2010

This chapter presents evidence showing that denominal verbs in English, of both the location/locatum and the unergative variety, are ‘measured-out’ by the incorporated nominal Root. This strongly supports the l-syntactic approach of Hale and Keyser (1993), since it shows parallel semantic effects of identical structures in overt syntax and l-syntax, and suggests that English Roots of denominal verbs have inherent semantic properties – in particular, ‘boundedness’ – which determine the effects they produce when they are Incremental Themes. The analysis presented is not obviously compatible with a functional-projection approach to Aktionsart like those of van Hout (2000), Borer (1996), or Ramchand (2001).
The Essence of Restitution
Authors: Virgo Graham
Published: January 2010

The law of restitution is concerned with the award of a generic group of remedies which arise by operation of law and which have one common function, namely, to deprive the defendant of a gain rather than to compensate the claimant for loss suffered. These are called the restitutionary remedies. Because there is a group of remedies having a common function of depriving defendants of gains, it can be assumed that there is an independent body of law which can be called the law of restitution. To understand what these remedies are, how they operate, and when they are available requires examination of a complex body of law. This book identifies and analyses the principles which underlie the principles and rules forming the law of restitution. Concepts such as unjust enrichment, vindication of property rights, restitutionary claims, implied contract theory, and rescission are explored.
Themes and Controversies
Authors: Virgo Graham
Published: January 2010

This chapter identifies the key principles and policies which affect the operation and structure of the law of restitution. These principles and policies affect the whole of the law of restitution, but their application will vary depending on the fundamental principle on which the restitutionary claim is founded. The chapter also looks at some of the issues about which there is particular controversy, whose resolution is decisive for the future development of the subject. The relevance of fault is discussed, along with circumstances where the fault of either party is relevant, officiousness and voluntariness, the principle of sanctity of contract, the nature of the relationship between the parties and its relevance to unjust enrichment claims as well as to the identification of fiduciary relationships, the principle against fictions, the role of public policy, the relationship between law and equity, and rules versus discretion.
Mistake
Authors: Virgo Graham
Published: January 2010

A claim to recover money mistakenly paid by the claimant to the defendant is often regarded as the paradigm example of a restitutionary claim founded on the principle of unjust enrichment. Mistake as a ground of restitution is complex for two reasons. First, the law remains unclear about what is the appropriate test for determining when a mistake can operate to vitiate the claimant's intention to benefit the defendant. Secondly, even where it is possible to show that the claimant's intention was vitiated by the mistake, it does not necessarily follow that restitutionary relief should be available. This chapter discusses the key policies which determine when a mistake should ground a restitutionary claim (security of transactions, risk allocation, concoction of claims, and relative conduct of the parties), restitution of benefits transferred by mistake, relief from transactions entered into under mistake, misrepresentation, non-disclosure, and reform of the law.