bluuebunny/crossref_metadata_2025 huggingface dataset:
Valuing and Analyzing Mortgage-Backed and Asset-Backed Securities
Authors: Dyer Matthew
Published: June 2020

This chapter discusses how to value and analyze asset-backed securities (ABSs) with an emphasis on mortgage-backed securities (MBSs). Valuation differs fundamentally from traditional fixed-income securities due to the risks presented by fluctuations in the securities’ monthly cash flows derived from unscheduled principal repayments. For an MBS, prepayments, which are largely a function of interest rates, housing turnover, refinancing sensitivity, burnout, and a host of borrower inefficiencies, can cause drastic fluctuations in the security’s theoretical or intrinsic value. Once an estimate of forecasted prepayment rates and default rates, if applicable, has been calculated, monthly cash flows are determined and discounted at the appropriate discount rate. Spread measures such as the zero-volatility spread (Z-spread) and the option-adjusted spread can be used to approximate the necessary discount rates applicable to monthly cash flows, the latter of which can be calculated via the Monte Carlo simulation method.
Bond Accounting
Authors: Awoga Oluwaseyi Adebayo
Published: June 2020

Bonds play an important role in capital markets and in shaping micro- and macroeconomic activities designed to meet a government’s fiscal and monetary policy objectives. Yet many accounting and finance professionals and practitioners do not fully understand how to properly record and report bond transactions on financial statements. Therefore, this chapter discusses the accounting and disclosure requirements for bond instruments to help bridge this knowledge gap. The chapter begins by reviewing the relevant bond accounting literature, generally accepted accounting principles (GAAP), and fundamental terminologies such as amortization, effective interest rate, derivatives, and valuation. Finally, examples illustrate some bond accounting problems from both asset and liability perspectives.
High Yield Bonds
Authors: Barnes Byron C. , Calenda Tony , Rodriguez Elvis
Published: June 2020

High yield bonds (HYBs) have become an integral part of the funding and investment landscape. HYBs are bonds rated below investment grade, indicating a potentially greater default risk and concomitant return. Although often associated with leveraged buyouts (LBOs), corporations also use HYBs to finance general corporate needs. The key drivers of HYB issuance include general economic activity, the number and size of transactions requiring financing, interest rates, and the availability of substitute financial products such as leveraged loans. Leveraged loans are another source of financing for issuers with a similar profile as HYB issuers. A key difference between HYBs and leveraged loans is that the covenants associated with a leveraged loan are typically more lender friendly. Similar to investment grade bonds, investors can purchase insurance to hedge a long HYB position against a credit event by using a credit default swap.
Debt Trends and Future Outlook
Authors: Preece Dianna
Published: June 2020

The United States had a combined $47 trillion of public and private sector debt outstanding in the third quarter of 2016. This staggering figure is larger than many countries’ gross domestic products (GDPs) combined. Borrowers include the U.S. government, businesses, and households. The debt is held by both domestic and foreign investors. The amount of debt affects everything from a country’s ability to grow to an individual’s ability to get married or buy a home when saddled with crushing student loans. In early 2018, the most notable trends in debt markets include increased borrowing across all sectors and rising interest rates that will affect the ability of some borrowers to repay their debts. These trends are not just domestic, but global, as the U.S. Federal Reserve begins to roll back a decade-long period of quantitative easing and other central banks are likely to soon follow. This chapter considers trends in debt markets and their implications for the future.
The Climax of the Seleucid-Parthian Rivalry
Authors: Overtoom Nikolaus Leo
Published: June 2020

This chapter focuses on the contexts and consequences of the last great Seleucid campaign in the Middle East. The new rivalry of the Seleucids and Parthians was highly volatile. Yet the potential strength of the Seleucid state remained considerable under a strong ruler. The enthusiastic Seleucid king, Antiochus VII, became determined to reestablish the undisputed power of the Seleucid Empire throughout Mesopotamia and the Iranian plateau. His grand campaign against the Parthians in the early 120s was the greatest threat to the survival of the Parthian state since the campaign of Antiochus III almost a century before. Unfortunately for the Seleucids, it also culminated in the greatest defeat in their history. With their decisive victory, the Parthians were poised to push their advantage against the Seleucids into the lands of the Near East for the first time. However, a near catastrophic series of nomadic invasions along the eastern frontier of the Parthian Empire demanded the full attention of the Parthians. Once more the Parthians faced a considerable threat to the survival of their state as they suffered multiple severe defeats in their efforts to repulse nomadic incursions into the Iranian plateau. It was not until arguably the greatest of the Parthian monarchs, Mithridates II, became the new leader of the Parthians that they emerged as a world power.
Do Human Rights Treaties Protect Rights?
Authors: Conrad Courtenay R. , Ritter Emily Hencken
Published: June 2020

Common belief is that international human rights treaties have little to no influence on human rights practices. Yet decisions to comply with rights obligations are directly tied to conflicts with civilians over policies; compliance with international human rights law is a function of contention. To know whether and when human rights treaties will effectively constrain government repression, we must understand the context of dissent faced by the government. Most scholars studying human rights treaties focus on the extent to which authorities have the opportunity to repress. Yet, as with any potential legal violation, opportunity without the motive to misbehave yields no crime. Popular challenges and the threat they represent to a government's hold on policies and power constitute the state's primary motive to repress. To determine whether international human rights treaties can meaningfully influence a government's human rights behaviors, we first consider the incentives that motivate leaders to repress.
Classics and the Study of the Book
Authors: Frampton Stephanie Ann
Published: June 2020

Addressing questions of scholarly background, this chapter finds common ground among the related fields of book history, bibliography, textual criticism, and the Classics, so that readers from each may approach the book on equal footing. It foregrounds the fundamental methodology of Empire of Letters—to study classical texts book historically—and outlines one of the major outcomes of such an approach: that studying the ancient book as “old media” helps to distill the fundamental properties of the “book,” above and beyond the printed codex. Changes in modern media offer an intriguing parallel in the expansion of the conventional Western definition of “book.”
Meaning of the Living State
Authors: Mathis Cole
Published: June 2020

This chapter draws inspiration from statistical physics to describe a statistical category that can be termed the “living state.” References to a living state can be found throughout origin of life and astrobiology science. Some researchers have used the concept of the living state to explicitly place biological phenomena within the epistemological scope of statistical physics. Within this framework, biological phenomena at a given scale of organization are explained and understood by appealing to the statistical properties of the dynamics of the smaller and larger scales. This is analogous to how distinct states of matter are understood by appealing to the statistical properties of atoms, with the important distinction that statistical physicists have historically not included constraints from larger levels of organization, which are essential in determining the properties of living systems. This conception of the living state may enable astrobiologists to integrate progress from different disciplinary perspectives into a quantitative theory of life.
Do Extraordinary Claims Require Extraordinary Evidence?
Authors: McMahon Sean
Published: June 2020

This chapter looks at Carl Sagan's famous dictum: extraordinary claims require extraordinary evidence. The gist seems to be that one does not have sufficient reason to credit an extraordinary claim unless one also has commensurately extraordinary evidence to support it. This looks reasonable enough at first glance but its vagueness leaves it open to several interpretations, some of which are incompatible with the norms of rational inquiry. In particular, while Sagan's dictum is a justified skeptical response to claims that are known to be highly improbable or contrary to well-substantiated science, it is irrational and contrary to scientific objectivity to demand extraordinary evidence for those that are merely amazing or bizarre, and thus Sagan's dictum must be handled with caution in astrobiology. The chapter then sets out the conditions under which an appeal to Sagan's dictum is justified and those under which it is not, with special reference to existing and anticipated astrobiological debates.
Unnatural Selection or the Best of Both Worlds?
Authors: Newman Christopher J.
Published: June 2020

This concluding chapter details the current state of space law and, in particular, the mechanisms that might be used to deal with the discovery of extraterrestrial life. The law in such discovery events will operate in a number of ways, defining the roles of different terrestrial agencies, protecting the scientific integrity of any discovered life, and providing valuable protection for the newly discovered life form. The chapter then argues that existing planetary protection and contamination rules, with their clearly anthropocentric bias (preserve the science), are outmoded and the resulting regulatory gap should be filled with nonbinding soft laws. It also proposes some ways forward to ensure that the seminal discovery event does not lead to conflict on Earth, the loss of irreplaceable scientific information, or even the destruction of the alien life. Ultimately, at present, there is little consensus as to how to start formulating laws to govern relations with alien lifeforms, no matter what their composition.
A Linguistic Theory of Chromatic Harmonic Substitution and Progression in the Diatonic Unconscious
Authors: Smith Kenneth M.
Published: June 2020

The chapter constructs an energetic model of harmonic progression in which tense chords are signifiers of tonal functions (Riemann’s T, S, and D functions). The paradigm adopts the linguistic axes that Lacan mapped as metaphor and metonymy, which were crucial to the formation of a human subject at whose center lies désir. The theoretical claims build on the recent work of David Lewin (2007), Richard Cohn (2012a), Steven Rings (2011a), Dmitri Tymoczko (2011a), Brian Hyer (2011), and others but also reevaluate the earlier work of Ernest Kurth (1920), Hugo Riemann (1893), and Ernö Lendvai (1993). The chapter seeks to account for voice leading, modulation, and tonal diversity in a broad range of works
Performing the Concert for Piano and Orchestra
Authors: Iddon Martin , Thomas Philip
Published: June 2020

This chapter examines in further detail the practical work undertaken by the early piano soloist within the piece, David Tudor. It details the work he undertook to realise the piece for performance in three separate versions, which function in three separate contexts: with orchestra, as a part of Cage’s piece ‘Indeterminacy’, and alongside choreography. The chapter also discusses the additional frames in which the piece might be read when it is thought of in the context of that choreography, Merce Cunningham’s Antic Meet.
Brains Through Time
Authors: Striedter Georg F. , Northcutt R. Glenn
Published: June 2020

Much is conserved in vertebrate evolution, but significant changes in the nervous system occurred at the origin of vertebrates and in most of the major vertebrate lineages. This book examines these innovations and relates them to evolutionary changes in other organ systems, animal behavior, and ecological conditions at the time. The resulting perspective clarifies what makes the major vertebrate lineages unique and helps explain their varying degrees of ecological success. One of the book’s major conclusions is that vertebrate nervous systems are more diverse than commonly assumed, at least among neurobiologists. Examples of important innovations include not only the emergence of novel brain regions, such as the cerebellum and neocortex, but also major changes in neuronal circuitry and functional organization. A second major conclusion is that many of the apparent similarities in vertebrate nervous systems resulted from convergent evolution, rather than inheritance from a common ancestor. For example, brain size and complexity increased numerous times, in many vertebrate lineages. In conjunction with these changes, olfactory inputs to the telencephalic pallium were reduced in several different lineages, and this reduction was associated with the emergence of pallial regions that process non-olfactory sensory inputs. These conclusions cast doubt on the widely held assumption that all vertebrate nervous systems are built according to a single, common plan. Instead, the book encourages readers to view both species similarities and differences as fundamental to a comprehensive understanding of nervous systems.
The Second Birth of Latin Jazz
Authors: Washburne Christopher
Published: June 2020

This chapter examines “The Peanut Vendor” as a case study and a lens into the New York City of the 1930s. The role of the popular music industry in promoting “exotica” and “otherness” and how these practices established Cuban music and musicians as the domineering influence in mid-century Latin and jazz mixings are documented. The role of interculturality in 1930s New York jazz is explored, challenging the traditional tropes found in historical narratives that posit jazz as a purely African American or North American music. A closer look at the contextual factors that led to these exchanges calls for a rethinking of jazz as a transnational and global music. This chapter exposes the interracial, interethnic, international, and intercultural complexities and processes that undergird jazz performance practice and that serve as the primary driving forces in the evolution of the music. What becomes clear is that Caribbean and Latin American music and musicians have played significant roles in ways yet to be fully documented and understood.
The Developmental and Cultural Origins of Our Beliefs about Self-Control
Authors: Wente Adrienne , Zhao Xin , Gopnik Alison , Kang Carissa , Kushnir Tamar
Published: June 2020

Self-control is quite difficult—sometimes people are successful, but frequently they are not. So why do people believe that they can choose, by their own free will, to exercise self-control? This chapter summarizes recent research exploring the cultural and developmental origins of beliefs about self-control and free will. It discusses how two factors contribute to the development of children’s beliefs about self-control: culture and first-person experiences. The authors’ studies of four- to eight-year-old children (N = 441; mean age = 5.96 years; range = 3.92–8.90 years) from China, Singapore, Peru, and the United States indicate that self-control beliefs differ across cultures, and that, comparatively, US children hold intuitions that they can freely choose to exercise self-control. Additionally, evidence indicates that the experience of self-control failure impacts beliefs about free will in US children, but that these experience effects are not culturally universal.
Inhibitory Control and Self-Control
Authors: Sel Alejandra , Shepherd Joshua
Published: June 2020

This chapter first considers what it would take to offer a scientific account of self-control. It then focuses on one aspect of this larger project, by focusing on a capacity central to many exercises of self-control, namely, inhibitory control. The chapter discusses recent research on inhibitory control, as well as how this research bears on the continued study of the sensitivity of inhibitory control mechanisms to an agent’s intentions.
Moralizing Self-Control
Authors: Mooijman Marlon , Meindl Peter , Graham Jesse
Published: June 2020

In this chapter, the authors synthesize current research and thinking on the topic of self-control moralization. They focus on three parts: (1) similarities and differences between morality and self-control, (2) the process of moralizing self-control, and (3) the consequences of moralizing self-control. They use a moral pluralistic perspective—the idea that there are multiple, sometimes conflicting, moral concerns within and between cultures and individuals—to argue that research on self-control moralization could benefit greatly from exploring the roles of different types of moral concerns, emotions, and social contexts. The chapter discusses when self-control and morality overlap and when they don’t, what this means for moralizing self-control, and how one might be able to leverage moral concerns to achieve greater self-control success and prevent self-control failure.
Liberals used to love religious freedom
Authors: Koppelman Andrew
Published: June 2020

The idea of religious liberty was, for a long time, uncontroversial common ground between right and left. The idea of a private sphere that government must respect—an idea at the core of the gay rights movement—has its roots in dissenting Protestantism. It became the basis for the practice of religious exemptions from generally applicable laws. As recently as 1993, Congress almost unanimously enacted a federal statute codifying that practice. That law continues to produce results that liberals admire, protecting prisoners from arbitrary treatment and religious minorities, notably Muslims, from discrimination. If you want to protect the right to be different, this is a good place to start.
Voices of the Ritual
Authors: Stadler Nurit
Published: June 2020

Voices of the Ritual analyzes the revival of and manifestation of rituals at female saint shrines in the Holy Land. In the Middle East, a turbulent, often violent place, states tend to have no clear physical borders, and lands are constantly in flux. Here, groups with no voice in the political, cultural, media, and legal arenas look for alternative venues to voice their entitlements. Members of religious minorities employ rituals in various sacred places to claim their belonging to and appropriation of territory. What does this female ritualistic revival mean—politically, culturally, and spatially? The author bases her analysis on a long ethnographic study (2003–2017) that analyzes the rise of female sacred shrines, focusing on four dimensions of the ritual: the body in motion, female materiality, place, and the rituals encrypted in the Israel/Palestine landscape. In the practices at these shrines, mostly canonical, the idea of the “body in motion” is central, with rituals imitating birth and the cycle of life using a set of body gestures. These rituals, performed by men and women, are intimate forces that extend between the female saint and the worshippers. Female materiality strengthens intimacy and creates a bridge between the experience and the material. The intimacy between saint and worshipper created with the body and the female material scattered around represent keys to intimate claims to the land, making the land familiar to worshippers. Rituals encrypt female themes into the landscape that has for decades been dominated by masculine-disseminated war and conflict.
Introduction
Authors: Cook Joana
Published: June 2020

The introduction starts at 9/11 and provides a background of the consequences and implications of September 11 and the events that followed in the U.S. Global War on Terror (GWOT), highlighting a key gap in current analysis -- women as agents, partners and targets of counterterrorism. It discusses the importance of examining women through the cases of Afghanistan, Iraq, Yemen and Syria referenced throughout the book. It introduces the original framework developed in this book that allows readers to unpick how, where and why women became visible in the discourses and practices of counterterrorism. These include: the categories of 'women' in US counterterrorism discourses the 'factors' that impacted how women evolved in US counterterrorism practices and the justifications stated when including women. The story of women in counterterrorism is demonstrated to bring to light broader tensions in the GWOT. Finally, a summary of each chapter of the book is provided.
Compromise in an Age of Party Polarization
Authors: Wolak Jennifer
Published: June 2020

Congressional debates are increasingly defined by gridlock and stalemate, with partisan showdowns that lead to government shutdowns. Compromise in Congress seems hard to reach. But do politicians deserve all the blame? Legislators who resist concessions and stand firm to their convictions might be doing just what voters want them to do. If this is true, however, then citizens must shoulder some of the responsibility for gridlock in Congress. This book challenges this wisdom and argues that Americans value compromise as a way to resolve differences in times of partisan division. Using evidence from a variety of surveys and innovative experiments, the book demonstrates that citizens want more from politics than just ideological representation—they also care about the processes by which disagreements are settled. Americans believe that compromise is a virtuous way to resolve political disputes. Because people’s desire for compromise is deeply rooted in socialized support for democratic values, principled beliefs about compromise can serve as a check on partisan thinking. Across a range of settings, people’s support for compromise persists even when it comes at the cost of partisan goals and policy objectives. People give warmer evaluations to members of Congress who are willing to compromise and view compromise legislation as more legitimate. People care about not just outcomes, but also the way decisions are reached. Winning isn’t everything in politics. People also value the democratic principle of compromise.
Conclusions
Authors: Wolak Jennifer
Published: June 2020

The conclusion discusses the implications of the findings and reflects on the book’s major contributions. The factors that make it hard to find compromise in Congress are described, as well as some of the reasons why observers may have misjudged the level of public opposition to compromise. This chapter describes why it is important to show that people care about other goals beyond just winning in politics. Because people are socialized to support compromise as a democratic value, their principled support for compromise can check their partisan instincts in a time of deep ideological divides and profound party polarization.
Theorizing Adaptation in the Sixteenth to Nineteenth Centuries
Authors: Elliott Kamilla
Published: June 2020

Chapter 2 documents that, in contrast to more recent theories that have rendered adaptation a bad theoretical object, prior to the late eighteenth century, adaptation was theorized as a good theoretical object, fostering an innovative, progressive, national aesthetic culture and situating artists in a long lineage reaching back to classical Greece. Subsequently, late eighteenth-century Romantic theories of originality and theories of the arts as separate species militated against adaptation in the same way that theologies of original creation and scientific theories of separate species would militate against theories of biological adaptation in the late nineteenth century. Even so, some nineteenth-century theorists continued to valorize adaptation equivocally as a means of civilizing the lower classes and foreign cultures, even as its aesthetic deficiencies offended the higher ranked, fiercely nationalist arbiters of civilization and culture. Copyright laws, which did not apply when a work changed medium until the early twentieth century in Britain and other nations, intensified the opprobrium cast upon adaptation in a rhetoric of theft at home and piracy abroad. Even so, some critics maintained that adaptation is original when created by an original genius; others valorized intermedial adaptation in a pseudo-religious discourse of realization of the word made flesh; yet others pitted sister arts theories against theories of the arts as separate species that cannot mate to produce adaptation, although both militated against the reproductive, generative capacities of adaptation. These discourses were not limited to academics and reviewers, but extended to the adaptation industry.
Theorizing Adaptation in the Twentieth Century
Authors: Elliott Kamilla
Published: June 2020

Chapter 3 discusses how, just as new copyright laws were legitimizing intermedial adaptations, modernist theories drastically diminished the theoretical fortunes of adaptation with their rejection of the past and celebration of the new. Modernism shattered adaptation into allusions: studying allusions as adaptations would indubitably help to restore the theoretical fortunes of adaptation under modernism. Modernism’s hostility to mass culture was often aimed at adaptation: even theorists valorizing other popular cultural forms opposed it. Requiring film to dissociate from other art forms in order to emerge as an art in its own right, rather than as a craft or a recording device for other arts, medium specificity theory undermined adaptation in literature-and-film studies. Affecting all kinds of adaptation, the formalist turn diminished the theoretical fortunes of adaptation by rejecting the cultural theories that had valorized adaptation in prior centuries. Joined to medium specificity theories and structuralist semiotics, intermedial adaptation became not only aesthetically undesirable but also theoretically impossible under theories that content cannot separate from form to appear in another medium. With the advent of the theoretical turn in the humanities, adaptation became a battleground upon which theoretical wars were fought, battles that, paradoxically, foregrounded it. By the 1990s, adaptation was becoming an established, if divided, diasporic field, engaging a panoply of theories.
Conclusion
Authors: Elliott Kamilla
Published: June 2020

The Conclusion revisits and reviews the central findings of this book’s history, theory, and rhetoric of theorizing adaptation in the humanities. The history section has described and explicated adaptation’s rising, falling, and equivocal fortunes under humanities theorization. The theory section has pondered general dynamics between humanities adaptation and theorization, finding that theorization’s relationship to adaptation has been a hierarchical one that seeks to subject adaptation to its laws. Yet adaptation is a rival process akin to, and yet opposed to, theorization, one that exceeds and resists theorization’s definitions, taxonomies, principles, epistemologies, and methodologies. The rhetoric section suggests figurative rhetoric as a way of breaking out of theoretical binds, resolving theoretical impasses, and opening up new ways to think about adaptation and new methodologies to study it, as well as to develop a shared discourse that can encompass different fields, disciplines, nations, eras, theories, epistemologies, and methodologies.
From the Medieval to the Baroque
Authors: Aguirre Mercedes , Buxton Richard
Published: June 2020

This chapter is the first of the authors’ two substantial investigations into the post-classical reception of Cyclopean mythology. The account begins in the European Middle Ages, with representations of ‘races’ of Wild Men, some of whom are one-eyed. A more explicit echo of the classical Cyclopes occurs in numerous allegorical readings of the Ulysses–Polyphemus and Polyphemus–Galatea–Acis encounters. For all the apparent implausibility of such readings, it is important to realize that in allegory myths constitute a site for the allegorist’s display of interpretative prowess. The myths’ continuing relevance, and indeed their very survival, are thereby enhanced rather than reduced. The next section of the chapter looks at some virtuoso painted Polyphemuses from major Renaissance artists; after that the argument turns to some early modern one-eyed ogres, and then to the blacksmiths, returning to the theme of fire. There follows a detailed look at some Cyclopes sculpted in grottoes—a development of the ancient motif of the cave. The chapter concludes with studies of some major literary reworkings within the framework of European pastoral, ranging from the poetry of Dante (Latin eclogues) Marino, and Góngora, through baroque opera, to the contrasting Spanish dramas of Juan Pérez de Montalbán and José de Cañizares.
Brain Science under the Swastika
Authors: Zeidman Lawrence A.
Published: June 2020

Eighty years ago the greatest mass murder of human beings of all time occurred in Nazi occupied Europe. This began with the mass extermination of patients with neurologic and psychiatric disorders that rendered them “useless eaters” to Hitler’s regime. The neuropsychiatric profession was systematically “cleansed” beginning in 1933, but racism and eugenics had infiltrated the specialty in the decades before that. With the installation of Nazi-principled neuroscientists, mass forced sterilization was enacted, which slowed down by the start of World War II and the advent of patient murder. But the murder of roughly 275,000 patients by the end of the war was not enough. The patients’ brains and neurologic body parts were stored and used in scientific publications both during and long after the war. Also, patients themselves were used in unethical ways for epilepsy and multiple sclerosis experiments. Relatively few neuroscientists resisted the Nazis, with some success in the occupied countries. Most neuroscientists involved in unethical actions continued their careers unscathed after the war. Few answered for their actions in a professional or criminal sense, and few repented. The legacy of such a depraved era in the history of neuroscience and medical ethics is that codes exist by which patients and research subjects are protected from harm. But this protection is possibly subject to political extremes and only by understanding the horrible past can our profession police itself. Individual neuroscientists can protect patients and colleagues if they are aware of the dangers of a utilitarian, unethical, and uncompassionate mindset.
Conclusion
Authors: McLeod Carolyn
Published: June 2020

The interests of patients in receiving standard services should therefore be prioritized over the conscience of health care professionals. This book has defended this prioritizing approach over the compromise approach, which is dominant in bioethics. It has also focused on what I’ve called “typical refusals” in reproductive health care—especially, refusals to offer abortions or so-called “abortifacients”—because of a global trend of health care professionals engaging in such conduct (...
Conclusions
Authors: Bove Vincenzo , Ruffa Chiara , Ruggeri Andrea
Published: June 2020

This chapter summarizes the mains findings of the book: diversity matters and affects peacekeeping effectiveness. These results have important policy implications and can be clustered around two core points. First, diversity of Blue Helmets and diversity of top leadership may increase peacekeeping effectiveness. Second, and at the same time, the effects of diversity are contextual and contingent. In fact, looking at the relation between peacekeepers and Force Commanders, proximity between them is generally associated with better performances. Further, homogeneity between local populations and peacekeepers, or low distance between them, is also related to low levels of hostility and casualties. The chapter reflects upon the policy implications, particularly the need to manage diversity to minimize instances of coordination problems and misunderstandings. It finally outlines avenues for future research.
Origins
Authors: Williams David-Antoine
Published: June 2020

This chapter provides a long introduction to the history of etymological thought and its intersections with poetic thought, from etiological biblical etymology and its medieval Christian and Jewish interpretations, to the ‘philosophical etymology’ of the eighteenth and early nineteenth century as pursued by Horne Tooke, and later Ralph Waldo Emerson and Samuel Taylor Coleridge, to nineteenth century philology in Britain and Germany. In this chapter ‘the life of words’ implies that language is a sort of living thing, but also the converse, that life is somehow like language. In the pre-modern context these metaphors are imbricated in stories concerning the creation of the cosmos and humanity, and the Fall from Eden, and all that comes after. In the latter context they entail metaphors of linguistic ‘evolution’ and the genealogical relations among words.
Discretionary Justice
Authors: Webb Charlie
Published: June 2020

This chapter asks whether equity’s distinctive role is to do equity in the Aristotelian sense of doing justice where law—by virtue of its generality—would do an injustice, and concludes it is not. Some paradigmatic cases of equity’s interventions are not corrections for the generality of a rule, but rather for its being simply a bad rule. However, there is no reason to say that the techniques used by equity could not have been adopted by the common law. Moreover, a case can be made that the common law tradition is especially unneedful of a distinct equitable jurisdiction, owing to the central role played by judge-made law. Nonetheless, when later judges clarify implicit rules by distinguishing present cases, this might be seen as a kind of equitable exercise. But, again, this is not unique to equity but is something one finds across the common law. Thus, if there is something distinctive about equity, it will be found in its substantive principles rather than its corrective function.
Pathways to Legal Rights
Authors: Katz Larissa
Published: June 2020

In this chapter, I develop a new account of what is distinctively ‘equitable’ about equitable rights. On this account, equity as an institution regulates the pathways to legal rights. A person who is on a completeable but as yet incomplete path to acquire legal rights is vulnerable to interruption triggering the forfeiture of her position. Courts of equity fulfill the role of the state to preserve the integrity of the legal order by regulating the pathways to rights. This account explains and unifies equity’s traditional domain—the cluster of doctrines and principles that originated in the courts of equity. It also provides the lens through which to understand equity’s concern with a special kind of injustice where a person suffers an interruption along the way to private rights.
Form and Substance in the Fusion of Law and Equity
Authors: Bray Samuel L
Published: June 2020

This chapter addresses the contemporary relevance of equity through the lens of translation. Drawing on John Dryden’s account of the varieties of translation as well as on modern theories of translation, this chapter shows how disagreements over the fusion of law and equity often appear to be about the past versus the present when they are really about whether to follow only the substance of equity or also its form. Distinguishing two axes of translation produces a typology of approaches to equity, which then allows one to recognize that virtually all approaches to equity fall in the middle between the poles of literal tracking of the original on the one hand and loose re-creation on the other. Ultimately, thinking of equity in terms of translation expands the possibilities for equity’s future.
Equitable Correction of Law
Authors: Sherwin Emily
Published: June 2020

This chapter highlights how equity can coexist with a system of well-crafted rules and shows how American legal realism has impeded equity from correcting the law in its traditional fashion. The baseline is ‘good’ rules, which are those that produce better results by being followed across the board. Yet even good rules will sometimes lead to bad results. If, at the point of application, a decision maker is empowered to deviate from the rule, rules’ coordination benefits can quickly dissipate. Such undermining of the rules of the common law is one of the dangers of equity, which can be seen as having been dampened at one time by the less-than-overt operation of equity when it was separate from law. With the rise of American legal realism towards the end of the process of fusing law and equity, courts and commentators became more sceptical about rules and averse to less-than-transparent legal doctrine, and so equity could no longer limit itself to correcting the law without doing undue damage.
What Can ‘Equity’s Darling’ Tell Us about Equity?
Authors: Nair Aruna , Samet Irit
Published: June 2020

This chapter looks at the unique character of equity’s contribution to property law, demonstrating how the central concept of conscience shapes both the content and structure of equitable rights to assets. It examines conflicts between an owner of assets, a purported purchaser of those assets under an unauthorized transfer, and the community that has a stake in the outcome of the dispute. At common law, even an innocent and cautious purchaser cannot defeat a legal owner’s title—with a few limited well-defined policy-driven exceptions—whereas equity allows a purchaser with a clean conscience to defeat even the neediest beneficiary. The central explanatory principle which underlies the choices made by equity is the battle against unconscionability that reflects its distinctive nature as a body of law that is highly responsive to interpersonal morality. However, the flexibility that typifies Equitable doctrines allows it to go beyond justice as between the parties and appeal also to aspects of communal justice. The chapter explores how considerations of distributive justice, need, desert, and efficiency play out in such conflicts when the property is held on trust.
From Riggs v Palmer to Shelley v Kraemer
Authors: Goldberg John CP , Zipursky Benjamin C
Published: June 2020

This chapter presents further insight into the way in which equity adjusts legal liability to fit better with considerations of justice and morality. It highlights the function of the equitable jurisdiction as providing discretionary relief to persons who suffer serious injustices by virtue of the operation of legal rules. The discussion is set within the framework of the chapter’s claim that private law affords those who have suffered wrongs such as torts or breaches of contract ‘recourse’. Recourse consists of courts validating claims for damages and other relief to which claimants are entitled as a matter of right. In contrast, claimants seeking to benefit from the exercise of a court’s equitable powers, because they claim on the basis of justice or moral right rather than legal rights strictly speaking, can only expect a discretionary form of relief that is often issued through the issuance of command-like orders. The chapter then argues that equity is at the core of landmark judicial opinions issued in cases that are not traditionally categorized as cases ‘in equity’, including Riggs v Palmer and Shelley v Kraemer.
Some Varieties of Consent in Equity
Authors: Degeling Simone
Published: June 2020

This chapter studies the role of equity in preserving the autonomy of vulnerable members of the community. It focuses on the equitable domains of trusts, fiduciary relationships, undue influence, and unconscionability, where an imbalance of power exists in which one party has only limited or bounded ability to make decisions. Equity takes great care to protect the independence aspect of autonomous decision, but is less concerned about the availability of choice between meaningful options. A party will be deemed by equity as consenting if their agreement is anchored in freedom and information. Thus, great care is taken by the Courts of Chancery to ensure that no impediment to the exercise of the claimant's will was present in the circumstance. In addition, relevant information must be provided, and at times nothing less than independent advice from a third party would satisfy this requirement. Equity thus conscripts its particularistic nature to offer strong protection for two elements that are crucial for autonomous decision-making: freedom from coercion and information.
Conclusion
Authors: Mahoney Ewing
Published: June 2020

This concluding chapter addresses the significance of examining the legal history record to better understand the nature, influences, and values of contemporary institutions. It is important to know, for example, why the modern law on the interception of communications contains the unique and eccentric power of the Home Secretary rather than a judge to issue warrants to authorize the opening of mail and the tapping of phones. The historical record also more clearly casts light on the close relationship between the Security Service and the government, which by virtue of this procedure not only knows about but also authorizes MI5 targets and operations, raising doubts about the operational independence of MI5. Moreover, the experience of the past helps in assessing problems of the present. In particular, it gives credibility and continuity to complaints about the use and abuse of surveillance powers and the corruption of the criminal justice system for political ends.
Cities of David
Authors: Melman Billie
Published: June 2020

Chapter 3 explores the search, during the 1920s, for the origins of David’s city and a monotheistic Jerusalem. It recovers international, metropolitan, and local mandate initiatives for verifying the location of Jerusalem’s oldest part, Mount Ophel, known as the City of David, by considering the activities of the Anglo-American press, organizations such as the Palestine Exploration Fund (PEF), and Palestine’s antiquities administration. It also considers the effect of the excavations on the mount on local landholders and owners. The chapter relates the excavations to mandate policies in regard to town planning (which reached its vogue during the interwar period), and to the visions of British urban planners and designers, like William McLean, Charles Robert Ashbee, and Patrick Geddes, administrators such as Ronald Storrs, Jerusalem’s military governor, and archaeologists. It examines how they sought to integrate the city’s antiquities and archaeological remains and their notion of a walled city into a vision of its modernization. The chapter recoups the early limited attempts to excavate the Davidic city and discusses the complex negotiation over access to Ophel and other historical monuments, between the mandate authorities, archaeologists and their institutions, and local landholders who cultivated the excavation sites. The negotiation and disputes about who owned land were also clashes over the worth and value of antiquity.
The ‘Bundle of Rights’ Picture of Property Revisited
Authors: Penner J. E
Published: June 2020

In the near century since Hohfeld published the second of his two papers on fundamental legal conceptions, his thought has been generally regarded as a bulwark of the ‘bundle of rights’ picture of property. This chapter shows (1) that the synthesis of Hohfeld’s thought with that of Tony Honoré’s theory of ownership to underpin this picture does not work; (2) that property reveals a coherent tripartite structure of title—the right to immediate exclusive possession, the power to license what would otherwise be a trespass, and the power to transfer; and (3) that the numerus clausas principle integrates property and contractual relations.
The Problems with Powers
Authors: Penner J. E
Published: June 2020

This chapter looks at the question of how powers fit, or fail to fit, into the Hohfeldian scheme of jural relations. It points out the following deficiencies in Hohfeld’s theory of legal powers: it does not properly relate powers to the operations of law; (2) powers do not relate individuals under Hohfeld’s scheme of jural relations, but relate individual power-holders to jural relations; and (3) Hohfeld’s scheme cannot explain the interdependence of some Hohfeldian powers, like the Hohfeldian powers to transfer title to property. The chapter also refutes Steiner’s claim that Hohfeld’s analysis shows that there are no unwaivable rights.
Princely Reading or a Wanton Book?
Authors: Moore Helen
Published: June 2020

In sixteenth-century England Amadis was known to elite readers primarily through the French version published in the 1540s. A wider audience gained access at the end of the century, with the first English translations by Anthony Munday of book I (1590) and book II (1595), and the anonymous book V (1598). In this period Amadis was both applauded as the reading of ‘mighty potentates’ and condemned as a ‘wanton’ book, full of extreme fabulations. This dichotomy structures the chapter, which begins by examining Amadis as the favourite book of the Spanish and French courts, lauded as a repository of eloquence and a book of fine love. Amadis features widely in English poetry, fiction, and drama of this period, for example in the works of Sidney, Spenser, and Greene, as an exemplar of romance reading.
Amadis as Spectacle and Source
Authors: Moore Helen
Published: June 2020

The reception of Amadis changes in the eighteenth century, with a play (Granville’s The British Enchanters (1706) ) and an opera (Handel’s Amadigi di Gaula (1715) ) presenting the romance for theatrical consumption and emphasizing its overt spectacularism in a revivified Amadisian aesthetic. In a parallel development, Amadis was mined by Shakespearean editors, Hispanists, and literary historians such as Isaac Reed, John Bowle, and Thomas Warton as indicative of early modern taste and a means of elucidating the works of Cervantes and Shakespeare. The chapter closes with an account of the ‘spectral’ relationship of Amadis to early Gothic fiction, arguing that the ‘ancient romances’ invoked in the preface to the second edition of Walpole’s The Castle of Otranto (1765) are none other than the libros de caballerías, and showing how Lewis’s The Monk (1796) takes the traditions of peninsular ‘fancy’ in an entirely new direction.
The Aftermath of Gaza
Authors: Wheatley Pat , Dunn Charlotte
Published: June 2020

Ever energetic and adaptable, Demetrius Poliorcetes recovered quickly from his defeat at the battle of Gaza by beating Cilles, one of Ptolemy’s generals, at Myus in Syria. But a window of opportunity was afforded to Seleucus, who returned to Babylonia with a small military force, and began his takeover of the eastern satrapies and foundation of the Seleucid Empire. Meanwhile Antigonus Monophthalmus despatched his son Demetrius against the Nabataeans, who negotiated terms with him. Hieronymus of Cardia, ancient historian and participant in these important events, also appears in his own History at this time, leading an expedition to the Dead Sea.
Demetrius and Athens. Again
Authors: Wheatley Pat , Dunn Charlotte
Published: June 2020

While Demetrius Poliorcetes was continuing to rebuild his kingdom and strengthen his power, other opportunities arose which he was able to manipulate to his advantage. Political trouble in Athens gave rise to a tyrant, Lachares, and the subsequent civil strife provided the perfect opportunity for the Besieger to take back Athens, which had rejected him after the defeat at the battle of Ipsus. This chapter discusses the tyranny of Lachares, including the chronological issues and epigraphic evidence crucial to an understanding of these events, and Demetrius’ strategy during this part of his reign, including his campaigns in the Peloponnese where he enjoyed some success and made a grab for more territory.