bluuebunny/crossref_metadata_2025 huggingface dataset:
Herodotos (8. 137–8), The Manumissions from Leukopetra, and the Topography of the Middle Haliakmon Valley
Authors: Hatzopoulos Miltiades
Published: January 2010

The Macedonian logos of Herodotus has for generations delighted simple readers, while fascinating and at the same time embarrassing historians, geographers, and ethnologists, for it is the most ancient but also the most allusive account of the origins of the Macedonians and of the foundation of the Temenid kingdom. Is it just a piece of antique folklore or, conversely, of late propaganda without any historical value, or does it preserve, albeit in mythical form, a unique record of early Macedonian history? And, if we are to give it any credence, whence came the three brothers? Where was Lebaia? Where was the ‘other land of Macedonia’, ‘close to the gardens, as they are called, of Midas’? Where was ‘the rest of Macedonia’? Such are the issues which Herodotus leaves in suspense. This chapter attempts to address these issues, examining them in reverse order.
The Polluter-pays Principle
Authors: DE SADELEER NICOLAS
Published: January 2010

This chapter begins by defining the polluter-pays principle as an economic rule of cost allocation whose source lies precisely in the theory of externalities, requiring the polluter to take responsibility for the external costs arising from his pollution. It then discusses two ways to ensure that prices reflect the true cost of production and consumption. It explains that the Coase theorem is as efficient to allow the victim of pollution a right to compensation as it is to recognize the polluter's right to pollute. It notes that the polluter-pays principle has been adopted and recognized by international organisations such as the Organisation for Economic Co-operation and Development (OECD) and the European Community (EC). It also discusses that this principle exercises a significant influence on the evolution of national law and clarifies the functions of the principle.
The Principle of Prevention
Authors: DE SADELEER NICOLAS
Published: January 2010

This chapter begins by explaining that the preventive principle forms a prudent complement to the polluter-pays principle by requiring the adoption of measures intended to prevent damage from arising. It then briefly reviews the evolution of the prevention principle in international law, EC law, and several national legal systems. It considers the various aspects of the principle in some depth. It examines the sometimes ambivalent nature of the instruments typical of the preventive principle, using three case studies.
The Precautionary Principle
Authors: DE SADELEER NICOLAS
Published: January 2010

This chapter explains that precaution is the end point of a range of public measures intended to counter ecological damage. It reviews the definitions given to the principle in various legal systems, as well as representative court decisions, in order to set out the problematic elements inherent in this norm. It considers the various thresholds for application of the precautionary principle. It sets out the difficulties that characterize the principle and recommends ways in which these weaknesses might be remedied. It assesses how the principle might fuel the evolution of environmental law by introducing uncertainty to an unparalleled extent in both rulings and sanctions. It shows that opposing science to precaution is unproductive and proposes practical solutions in the field of risk assessment and management. It also demonstrates how the principle could influence the elaboration of standards and civil liability.
The Evolving Function of Environmental Directing Principles in the Transition from Modern to Post-modern Law
Authors: DE SADELEER NICOLAS
Published: January 2010

This chapter considers the various functions that polluter-pays, preventive, and precautionary principles may fulfil within a post-modern legal prospect, seeking to balance multiple and conflicting interests. It clarifies that recourse to directing principles such as the polluter-pays, preventive, and precautionary principles described in Part I is often disparaged despite their usefulness, on the ground that they are not sufficiently definite to ensure legal certainty. It explains that these principles are generally described as having no perspective effect — until one fine day a court makes use of them, to the great surprise of the legislator. Thus, these principles may serve to conceal a return to judicial activism.
Abuse of Rights
Authors: TAGGART MICHAEL
Published: January 2010

For more than a century, the dispute between Edward Pickles and Bradford over water supply has been accepted as slamming the common law door shut on the civil law doctrine of abuse of rights. Although the litigation concerned real property and water law, and possibly could have been confined to that sphere, its simple and memorable facts, together with the generalised statements of principle to be found in the judgments of several of their Lordships, have meant that it is usually taken as authority for the much wider proposition that abuse of rights is unknown to English law. This chapter examines what the common law turned away from, and why. It also discusses the doctrine of abuse of rights in French and Scots laws, equity and abuse of rights, and why an abuse of rights doctrine did not develop.
Organizations, Markets, and Standardization
Authors: Brunsson Nils
Published: January 2010

This chapter compares standardization with three other basic social forms that are similar in their effect: formal organizations, markets, and normative communities. Similarities and differences between these social forms are analyzed, and the way they relate to and influence each other in society. The chapter argues that the present development towards increasing individualization and globalization tends to support standardization as a social form and to add to its importance. Some examples of mixed forms, to be found in practice, are given. The chapter also discusses the competition aspect and argues that the absence of one form opens the way for another. Thus, the extent and range of standardization partly depend on the prevalence and strength of the other institutions. The chapter also claims that standards and standardization are favored by two major contemporary trends, individualization and globalization.
Standardizing through Organization
Authors: Ahrne Göran , Brunsson Nils , Garsten Christina
Published: January 2010

This chapter looks at what can be considered as the boundary between standardization and formal organization. Those who want to standardize may create not only standards but also an organization to the members of which the standards apply. This may affect how the standards are spread, who follows them, to what extent they are followed, whether they are changed along the way, and if so, how. Membership in standard-based organizations is based on similarity, and members, whether individuals or organizations, tend to value a certain degree of autonomy. Standard-based organizations are often able to influence only part of their members' activities. Three examples of standard-based organizations are the Association for European Schools of Technology (ASTE), SPUR (Swedish Association of Temporary Work Businesses and Staffing Services), and SIBF (Swedish Floor Ball Federation).
The Demands of the Crown
Authors: Barron Caroline M.
Published: January 2010

This chapter analyses the different areas in which the Crown made demands upon the City. The most obvious demand was for financial help, but the Crown also sought military aid from the city and pageantry for royal celebrations. On occasion, the Crown attempted to reward royal servants with civic offices. All these demands had to be negotiated and such issues were highlighted when the Crown, as was frequently the case, was in contention, and rival claimants sought the support of the City.
The Economic Infrastructure
Authors: Barron Caroline M.
Published: January 2010

This chapter examines the ways in which the Londoners attempted to minimise the ‘transaction costs’ of doing business in the city and to attract merchants and traders from abroad and within England. This involved maintaining the Thames waterway and road access, providing civic quays and markets, and ensuring a good food supply and hostelries. The city also developed efficient courts to deal with mercantile disputes and facilities for credit transfers and debt collection. In these ways the citizens created an attractive commercial environment which lengthened London's economic lead over provincial cities.
The Government of London: A Civic Bureaucracy
Authors: Barron Caroline M.
Published: January 2010

This chapter examines the emergence of the civic bureaucracy or civil service which implemented the decisions taken in the Courts of Aldermen and Common Council. The emergence of the three most important officers — the Recorder, Chamberlain and Common Clerk (responsible respectively for legal , financial and secretarial matters) — is first discussed. This is followed by the charting of the burgeoning of the civil service to include a host of more specialised officers with responsibilities ranging from sanitation to oversight of the river Thames.
Epilogue
Authors: Barron Caroline M.
Published: January 2010

This chapter analyses the changes to be observed in city government between 1200 and 1500. In these three hundred years, the Londoners evolved a system for governing the city and dealing with the environmental and social problems of urban living which met the considerable challenges (religious change, population growth, poverty, epidemic plague, food shortages) of the 26th century.
Trade and Dependency
Authors: NEWBURY COLIN
Published: January 2010

English contact with India through the East India Company made commercial agents dependent on the patronage of Mughal authorities for the privileges of trade and settlement in restricted enclaves at Surat, Bombay, Madras, and in Bengal. As the Mughal patrimonial empire declined, political relations with the princes of successor states turned on the potential for assistance from a maritime power and the drain on state revenues arising from fiscal and trade concessions to official and private factors. The Company could be supportive or subversive. Fortification of posts affording protection and jurisdiction created beneficiaries among Indian service gentry. By internal trading operations the Company enlisted clients and created a potential cause of local conflict by abuse of privileges in Bengal through open conflict with French factors from the 1740s, when both sides competed in a very ‘Asiatic manner’.
Clients and Brokers
Authors: NEWBURY COLIN
Published: January 2010

In ‘Indian’ India, older techniques won political influence and access to resources for the governments of Madras, Bombay and Surat in Awadh, the Carnatic, the Maratha Deccan, and the states of South India. Military alliances secured Mysore, Travancore, Malabar, and the Coromandel. The practice of stationing Company troops in return for tribute spread. Recovery of debts from subordinate princes resembled a gigantic protection racket in the minor principalities, where rulers were guaranteed subordinate status at a price. When the Maratha chiefdoms refused to pay, military campaigns and treaties dismantled their empire in central India and replaced it with a Company paramountcy that left most of the rulers in Maharashtra and the Punjab under control without annexation. Defining the terms of that paramount control over some six hundred major and minor states in a good third of India occupied the central and provincial governments of the Company and the Raj for the rest of the 19th century.
Morocco
Authors: NEWBURY COLIN
Published: January 2010

By contrast with British attempts to ‘govern through the governors’ in Egypt, the French Protectorate Government of Morocco exercised power through ministries which excluded Moroccan officials. The Sultanate provided little more than legitimacy for the regime. Outside the coastal zone, the French enlisted traditional caids (chieftains) in Central Morocco and the chieftains of the Rif. The Sultanate, although without executive power, maintained a covert support for nationalist opposition and the Istiqlal party from 1944. Consequently, the restoration of King Muhammed ben Yussuf in 1955 marked a period of French concessions to demands for independence led by the monarch. Morocco left the French Union the following year with a Constitution fashioned by the royal house. The Sultanate preserved the balance between the patrimonial rule of a leader of the Islamic community and secular control over ministers, police and army, in a system that placed a high value on allegiance and loyalty, in return for redress of grievances.
East-Central Africa
Authors: NEWBURY COLIN
Published: January 2010

The kingdoms of East-Central Africa provide examples of patrimonial states utilized for the purposes of European over-rule. In societies where political clientage was ubiquitous, the Kingdom of Buganda became the archetype for a chiefly oligarchy with guaranteed status and lands, as well as a surrogate agency for administering segmentary clans in the region. It became difficult later to preserve this legacy of British administration within a unitary state, as Uganda moved towards an elected government in the 1950s. But the Kabaka of Buganda reinforced the patrimonial system of allocating offices and resources; and he became Chief of State, until his kingdom was dismantled by President Obote in 1966. Similar policies of using royal lineages to administer a subordinate peasantry were applied by German and Belgian officials in Rwanda and Burundi. The exacerbation of traditional patron client divisions by administrative patronage had disastrous consequences for relations between Tutsi and Hutu at decolonization in 1962.
Malaya
Authors: NEWBURY COLIN
Published: January 2010

British intervention in the Malay states from 1874 established a form of over-rule through residents. Experience in managing the Malay nobility and district heads within patrimonial systems of state government created a form of dyarchy between sultan's Councils of State and a resident's departmental offices. Malay headmen and district officers acted as brokers between the two lines of authority. In return for legitimizing this method of British control, Malay rulers preserved their line of succession, patrimonial functions, their resources, and their courts and religion. In return, the British gained access to plantation and mining concessions. Although a federal system called this method of government patronage into question in the 1930s, sultans survived to join forces with other political elites and oppose loss of jurisdiction and their State Councils. After independence in 1957, party coalition and the Malayanization of the civil service helped to secure the constitutional position of rulers in the institutions of local government and as Heads of State.
Conclusion
Authors: NEWBURY COLIN
Published: January 2010

The relationship between colonial rulers and ruled was a political one. A patron-client model has been applied to the cases surveyed to account for administration better than official prescriptions. The model is one of interaction between hierarchies. Officials constituted one status group; indigenous hierarchies constituted a subordinate form of local and regional government. Both hierarchies continued as ‘co-ordinate units’ to administer laws and courts in parallel. Relations were political, in the sense of determining access to resources, confirmation of status, and were defined by regulations. Disagreement, clash of values, compromise and rewards were part of the business of running empires with the co-operation of the governed, until new elites with different political aims had to be accommodated in government. Application of the model requires qualifications; but chiefs and clientage systems have continued after decolonization.
Formalism and Efficiency
Authors: Collins Hugh
Published: January 2010

This chapter draws together the threads of the argument with respect to the question of what kind of regulation of contracts will best support markets. The argument challenges the conventional wisdom that a clear, formal set of rules defining the entitlements of parties to the contract best serves the interests of business. It is argued that the advantages of formalism in legal reasoning are normally overstated, and that calculability of legal entitlements requires rather more open textured roles and other techniques for contextualizing disputes.
Unfair Contracts
Authors: Collins Hugh
Published: January 2010

This chapter examines the regulation of unfairness in contracts in the strict sense of an imbalance between the performances required by each party under the contract. It challenges two popular views: that instances of unfairness in contracts are illusory and that effective legal regulation to combat (the supposed non-existent) problem of unfairness is either impossible or counter-productive. The chapter argues that the modern type of regulatory discourse evolving through private law has the capacity to produce effective regulation designed to combat instances of unfairness in contracts.
Conclusion
Authors: Collins Hugh
Published: January 2010

This concluding chapter reviews some of the theses presented in the book. It also contains some reflections on methodology and questions for future research.
Syracusan Democracy: ‘Most Like the Athenian’?
Authors: RUTTER N. K.
Published: January 2010

The nature of the government of Syracuse in the second half of the 5th century bc has been controversial. H. Wentker (1956) saw the constitution of the later 5th century as an aristocracy, but Peter Brunt (1957: 244) rejected that interpretation, stating flatly that ‘Syracuse was not from 466 to 406 an oligarchy, but as Diodorus xi. 68. 6 and, more important, the contemporary Thucydides say, a democracy’. Who is right? Is either right? At the outset, there are obvious problems of definition, which it is one of the purposes of this volume to clarify: for example, what sort of democracy are we talking about? Wentker wrote of Syracuse: ‘Für eine syrakusische Demokratie nach attischem Muster spricht nichts’ (‘Nothing speaks for a Syracusan democracy on the Athenian model’: 1956: 163 n. 237). That ‘nach attischem Muster’ is an important qualification. Then, regarding the detail of the Syracusan political arrangements during our period, there is a substantial variety of evidence, each element with its own problems of interpretation, and each with its own view of the subject. This chapter introduces this evidence, and provides a short overview of the problems associated with each part of it.
Homeric and Macedonian Kingship
Authors: CARLIER PIERRE
Published: January 2010

It is quite commonplace to say that Homeric and Macedonian institutions resemble each other. According to many historians, they are both examples of the traditional Greek kingship, the basileia, of heroic times described by Aristotle. Some scholars go further: they compare Homeric and Macedonian kings to the kings of the Germanic tribes, and suggest that the Homeric and Macedonian kingships belong to the typically Indo-European form of ‘military kingship’, or Heerk ö nigtum. All these assimilations are very flimsy. Yet most historians assert them in a few sentences, as if theywere obvious. Surprisingly, a systematic comparison between Homeric and Macedonian kingship has never been attempted. This chapter outlines a few observations and hypotheses which are suggested by a comparative examination of the Homeric and Macedonian evidence. It argues that the Homeric kings behave as the poet wants his audience to believe these kings behaved. In other words, even if the poet does not exactly picture any real institution, his description is realistic.
Customs and Excise
Authors: Ashworth William J.
Published: January 2010

This book traces the growth of customs and excise, and their integral role in shaping the framework of industrial England; including state power, technical advance, and the evolution of a consumer society. Central to this structure was the development of two economies — one legal and one illicit. If there was a unique English pathway of industrialization, it was less a distinct entrepreneurial and techno-centric culture, than one predominantly defined within an institutional framework spearheaded by the excise and a wall of tariffs. This process reached its peak by the end of the 1770s. The structure then quickly started to crumble under the weight of the fiscal-military state, and Pitt's calculated policy of concentrating industrial policy around cotton, potteries, and iron — at the expense of other taxed industries. The breakthrough of the new political economy was the erosion of the illicit economy; the smugglers' free trade now became the state's most powerful weapon in the war against non-legal trade. If at the beginning of the period covered by this book state administration was predominantly deregulated and industry regulated, by the close the reverse was the case.
The ‘Consumptibility’ of Goods: Customs, Excise, and Trade
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter discusses the development of English commercial policy. It takes at its starting point the introduction of the Navigation Acts of 1651 and 1662, which stipulated that all commerce conducted between England and the Colonies was to be confined to English citizens.
The Equitable Tax?
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter shows how parliament enacted a pattern of taxation targeting consumption. Fiscal necessity introduced an inland tax on various home-produced and grown goods along with a levy on certain imports. The poor were now required to pay tax primarily in the shape of excise duties. From the moment the state began taxing the poor during the English Civil War, an added dimension to radical sentiments emerged, which came to play an important role in the discontent that pitted the social landscape over the next two centuries.
Candles, Salt, Soap, Starch, Leather, Paper, Textiles, and Glass
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter begins with a discussion of the taxation of candles. It then discusses the taxation of salt, soap, starch, leather, paper, textiles, and glass.
‘Simplicity, Uniformity, and Perspicuity’
Authors: ASHWORTH WILLIAM J.
Published: January 2010

This chapter shows how tax reform was a process that began half a century earlier, with the gradual modelling of the state's administrative structure along the lines of the excise, and the gradual removal of the sinecures and placement that characterized ‘Old Corruption’. Actual tax reform also needed to be presented and seen in the clothes of a new and fairer state, which required the creation of legitimacy via retrenchment and construction of norms of probity and transparency in the management of state finances.
Eupolis in Antiquity
Authors: Storey Ian C.
Published: January 2010

This chapter examines how popular Eupolis is among famous Old Comedy writers. It tries to evaluate these writers' works, and determines how often they make citations of Eupolis' works into their own writings. It examines how Eupolis was regarded by writers, and how he was often compared with poets like Kratinos and Aristophanes. It determines Eupolis' position in the history of Old Comedy. It also assesses Platonios literary works and compares them with Eupolis'.
Facing the Second World War
Authors: Imlay Talbot C.
Published: January 2010

Covering the period from the late 1930s up to the spring of 1940, this book offers the first systematic comparison of how two countries, Britain and France, responded to the possibility and then reality of total war by examining developments in three dimensions: strategic, domestic political, and political economic. To date, studies of French and British policies during this period have focused almost exclusively on diplomatic and military events. Yet because 20th-century war demanded a massive effort on the part of nations and societies, its study requires a broader approach, one that encompasses the political, social, and economic dimensions as well as the links between them. Using a wide array of archival and secondary sources, including the records of government departments, trade unions, business groups, and political parties, this book demonstrates that the British were more successful in managing the strains of modern industrial war than the French. Whereas in France political, economic, and military developments combined to produce a multi-faceted crisis by early 1940, imperilling the war effort against Germany, developments in Britain followed a different course that laid the political and economic foundations for a long war. The book addresses such current historical debates as the nature of the political Right and Left in Europe during the 1930s, the extent of rearmament and economic mobilization, and the causes of France's defeat in 1940. As an extended comparison of how two liberal democracies met the challenge of war, it also addresses debates concerning the relationship between democratic regimes and capabilities for war, the influence of domestic versus systemic factors on national policies, and the nature and relative performance of different types of political economic regimes.
The Strategic Dimension in Britain
Authors: IMLAY TALBOT C.
Published: January 2010

This chapter argues the British and French strategy developed along similar and increasingly radical lines during the Phoney War, a convergence fostered by the growing inclination of the British to identify with French concerns and fears. Broadly speaking, British strategy in the 1930s tended towards isolation from Europe. However, beginning in 1938, the mounting German threat together with strong French pressure rendered this aloofness from the Continent increasingly untenable. Compelled in 1939 to reaffirm and strengthen Britain's military contribution to the Continental defence, the British soon found themselves conceiving of the balance of power in Continental terms.
The Domestic-Political Dimension in France
Authors: IMLAY TALBOT C.
Published: January 2010

Scholars have examined the tempestuous course of French domestic politics between the wars with an eye to explaining what went wrong in the spring of 1940. Two opposing tendencies emerge in literature. The first and oldest leans toward wholesale condemnation of the political system. The second tendency presents a more favourable picture of pre-war and wartime French politics. Scholars argue that following Munich, political divisions gave way to a common determination to resist Germany, if necessary by war. This chapter argues that both tendencies fail to capture the reality of French domestic politics during the late 1930s and 1940s. Political divisions led to France's failure to meet the challenge of war.
The Political-Economic Dimension in Britain
Authors: IMLAY TALBOT C.
Published: January 2010

This chapter argues that Britain's pre-war and early wartime economic preparations were notably advanced, especially when compared with those of the French. It examines the subject of economic preparations through the lens of industrial relations — the relationship among organized labour, industry, and government. Unlike France where tense industrial relations fuelled fears about the reliability of workers, industrial cooperation in Britain fostered a sense of national unity and collective effort that offered an antidote to mounting doubts about whether time worked for the Allies.
Overview of the Cases
Authors: Heckscher Charles , Maccoby Michael , Ramirez Rafael , Tixier Pierre-Eric
Published: January 2010

This chapter sketches an analytic framework centered on the need to integrate corporate strategy with internal stakeholder relations. It describes and compares the four central cases in terms of their key strategic issues, the main types of relational intervention, and the intervention trajectories.
FeiTQYie Dello Stato (The Italian State Railways): A Vision without Agreement
Authors: Heckscher Charles , Maccoby Michael , Ramirez Rafael , Tixier Pierre-Eric
Published: January 2010

This chapter describes an intervention centered on a dynamic and charismatic leader's vision of the transformation of the Italian Railways, which ran into conflicting pressures from major stakeholders inside and outside the organization. In the short run these resistances blocked the effort, though in the longer run the business logic identified by the consultants continued to develop.
Electricite de France: Moving Toward the National Policy Level
Authors: Heckscher Charles , Maccoby Michael , Ramirez Rafael , Tixier Pierre-Eric
Published: January 2010

This chapter describes a major transition from monopoly to market at EDF, the French state-owned electricity company that is today's the world's biggest electrical utility firm. It took ten years to persuade managers and unions to sit around a single table to develop a new system of industrial relations. The intervener's role was to help managers understand the effects of their policies towards workers and unions and to help with the negotiation of social agreements.
2 Composition and Purpose
Authors: Holford-Strevens Leofranc
Published: January 2010

This chapter examines the implications of Gellius's title and the structure of his work, considering his claim to have compiled it in the same random order as his original notes, which is shown to conceal a great amount of artifice; as in other miscellanies, the disorder is deliberate, reflecting the taste of the time. Next to be considered are the assertions of moral, social, and intellectual utility: understood of a systematic high-minded programme they are easily proved false, but his work affords matter with which to shine on social occasions, and models for conducting oneself at them. Furthermore, readers are meant to think about his statements and quotations for themselves, though their conclusions are not to be supposed his own.
Epilogue
Authors: Holford-Strevens Leofranc
Published: January 2010

The epilogue sums up Gellius's strengths and weaknesses, and distances the book from unfavourable nineteenth-century criticism.
Introduction
Authors: STONE ADRIENNE
Published: January 2010

This chapter begins by discussing the main goal of this book, which is to explore the conceptual and moral issues deriving from the expansion of rights discourse, and the institutional mechanisms that may be adopted to protect human rights. It then examines the definition of human rights. It provides a brief discussion of the views of the different researchers regarding human rights. It also mentions how rights are to be protected in democratic legal systems.
Indigenous Rights
Authors: CURRY STEVEN
Published: January 2010

This chapter argues that indigenous citizens ought to be accorded a set of special group rights by virtue of their being indigenous and tries to sketch these rights. It explains what method can be deduced and what the full set of rights ought to be. In the process of developing this explanation of indigenous rights, it will also attempt to defend them against serious objections. It clarifies how these rights are compatible with the fundamental moral commitments of a liberal democratic state governed by the rule of law. It talks about ‘successor states’ and defines a post-colonial state as one that has achieved a constitutional settlement between indigenous and colonial civilizations.
Functional Features in Language and Space
Authors: CARLSON LAURA A. , VAN DER ZEE EMILE
Published: January 2010

This chapter begins by laying out the purpose of the book, which is to examine the role of functional features in language and space, and then to explore what functional features might be and why such features might play a role in spatial language. An overview of the subsequent chapters is presented, discussing how each chapter addresses the ideas of ‘feature’, ‘function’, and ‘features that are functional’, and its potential impact for spatial language.
An Ecological Approach to the Interface between Language and Vision
Authors: KASTURIRANGAN RAJESH
Published: January 2010

Spatial relations are represented in language as well as in perception. On the surface, the relationship between these forms of spatial representation is problematic. Language is schematic and context-sensitive while perception is detailed. Nevertheless, both spatial language and perception occur in a common ecological context. A computational characterization of the ecological context, based on the mathematical notions of co-dimension and invariance shows that spatial features are organized in the form of a hierarchical structure consisting of three qualitatively different categories: Coordinate Frames, Topological Structures, and Metric Structures. Coordinate Frames and Topological Structures are present in language as well as in perception, while Metric Structures are present only in perception. This chapter argues that language and perception are neither disjoint, nor are they isomorphic. They share a core set of representations — the coordinate frame and topological representations. This core set interfaces with other representations that may be language or perception specific.
Adaptation of Perceptual and Semantic Features
Authors: BRIAN ROGOSKY , ROBERT GOLDSTONE
Published: January 2010

This chapter examines the role of features in theories of concepts, perception, and language. Features are defined as psychological representations of properties of the world that can be processed independently of other properties and are relevant to a task, such as categorization. The classic view of features as entities that do not change over time is discussed. An alternative view is presented in which features are created and adapted according to the immediate goals and contexts of tasks, and over longer time periods in terms of perceptual and conceptual learning and development. It is shown that changes in the integral processing of the dimensions can be induced by tasks that favour the separate processing of one dimension. The findings support the claim that, like perceptual features, semantic features can be adapted during learning.
2 Justice as Constancy
Authors: KRAMER MATTHEW H.
Published: January 2010

This chapter undertakes a critique of the account of formal justice propounded by David Lyons. On the one hand, the chapter agrees with Lyons that the mere status of norms as laws does not confer any degree of moral legitimacy on officials’ enforcement of those norms. On the other hand, the chapter departs from Lyons by accepting that the strict application of the law by officials does amount to formal justice. Precisely because the achievement of formal justice in the administration of law by officials is not perforce conducive (and is frequently inimical) to the substantive justice of their law-administering activities, the equation between formal justice and the strict effecutation of applicable legal mandates is fully consistent with the separability of law and morality.
Ethnosyntax, Ethnopragmatics, Sign-Functions, and Culture
Authors: GODDARD CLIFF
Published: January 2010

This chapter articulates and discusses the concept of ethnosyntax from the standpoint of the natural semantic metalanguage (NSM) theory of Anna Wierzbicka and colleagues. It recognizes two senses of the term ‘ethnosyntax’: a narrow sense referring to culture-related semantic content encoded in morphosyntax, and a broad sense encompassing a much wide range of phenomena in which grammar and culture may be related. The chapter is organized as follows. Section 3.1 discusses ethnosyntax in the narrow sense, illustrating with a slightly reinterpreted version of some of Wierzbicka's classic work on ‘fatalism’ in Russian grammar. Section 3.2 discusses the relationship between ethnosyntax and ethnopragmatics, drawing on the NSM theory of cultural scripts. Section 3.3 argues fro the importance of recognizing that language involves different kinds of sign-function — semantic (symbolic), iconic, indexical — and asks how we can deal with ethnosyntactic connections in the field of iconic-indexical meaning. Section 3.4 broadens the focus further in an effort to situate ethnosyntax in a large semiotic theory of culture, but argues that a semiotic concept of culture is not viable unless it adequately recognizes iconic and indexical, as well as semantic phenomena.
Changes within Pennsylvania German Grammar as Enactments of Anabaptist World View
Authors: BURRIDGE KATE
Published: January 2010

This chapter examines two recent developments in Pennsylvania German grammar that go against usual pathways of grammatical change and appear to be driven by the cultural and religious preoccupations of the speakers. For one, Pennsylvania German appears to offer a bona fide example of degrammaticalization, whereby a lexical verb wotte ‘to wish’ has re-evolved out of a grammaticalized modal verb. In addition, it shows the unusual development of a lexical verb zehle ‘to count’ into a marker of future.
Breaking Silence: ‘La Déclaration foraine’
Authors: Pearson Roger
Published: January 2010

This chapter analyzes the prose poem La Déclaration foraine. This is considered Mallarmé's penultimate prose poem, which was first published in L'Art et la Mode on 12 August 1887. La Déclaration foraine can be considered a work of circumstance —, being a display or ‘subtle exhibition’ of the particularities of this ‘declaration’: its origins and the nature of its existence upon the page; how it comes to be in language; how it is to be situated within the spectrum of language that extends from ‘poetry’ to ‘plain prose’ via the ‘prose poem’; and lastly, the particularities of how it may be received.
A Framework for Silence: Mallarmé and the Sonnet
Authors: Pearson Roger
Published: January 2010

This chapter shows that the principal and almost exclusive stage which Mallarmé chose for his intimate galas was the sonnet: until 1887 in its Petrarchan form, but after that predominantly in its Shakespearean form. He exploits the visual appearance of the sonnet to particular effects, with the shape itself changing with metre, producing a further range of options: for the recumbent dead, the tomb-like stanzas of alexandrines, and for the ambulant living, the frail and slender form of the heptasyllabic sonnet.
The Silence of the Grave
Authors: Pearson Roger
Published: January 2010

This chapter shows that Mallarmé saw himself as a kind of midwife, helping the departed to be ‘born’ into eternity by reconfiguring him in language. He responds to the silence of death in a number of ways: sealing Gautier's tomb but releasing his poetic spirit by the very act of writing an ode; sculpting a bas-relief on Poe's granite monument and setting a limit to future denigration by the ‘good talk’ of poetry; preferring to honour Baudelaire's marble tomb not with a funeral wreath but by the eternal gaslight of seductive verse.
Sotto voce
Authors: Pearson Roger
Published: January 2010

This chapter shows that Mallarmé relied on the Shakespearean form to span the gulf between poetry and the banal world of everyday sociability. But his use of the form was not exclusively ‘occasional’, and it seems that he was also exploring its possibilities as a form of ‘understatedness’. Like a Debussy eschewing the grand manner of a Wagner, or a verslibriste seeking alternatives to the oceanic alexandrines of a Hugo, Mallarmé was endeavoring to ‘sing low’, to ‘translate’ silence with a new degree of prosaic ‘minimalism’ and lexical delicacy.
The Captivi and the Paradoxes of Postliminium
Authors: LEIGH MATTHEW
Published: January 2010

This chapter combines a close reading of the text entitled Captivi, with consideration of the attitude of the Roman ruling class to those members of its armed forces who exposed themselves to enslavement by becoming prisoners of war to an enemy power. In particular, it investigates the response to Roman prisoners who tried to extricate themselves from this situation by means not unlike those adopted by the heroes of the Captivi. It examines the means by which society might validate the recovery of status lost in time of war. Its provisions not just for a returning prisoner to re-establish himself as a free citizen but also for a recovered slave to revert to the power of his master make the law of postliminium a promising area of investigation.
Human Rights, Fundamental Freedoms, and the World of the Common Law
Authors: SIMPSON A. W. BRAIN
Published: January 2010

This chapter emphasizes the need for a special explanation as to why Britain, whose legal culture was traditionally hostile to the adoption of formal bills of rights, came to play a major role in the negotiations. It examines the theory of rights protection to be found in Blackstone and earlier writers, and analyses the influence of Dicey's writings on common law culture. It concludes by considering whether Britain was indeed a paradise of rights protection, as regularly claimed by common lawyers, even though it had no entrenched bill of rights.
Human Rights and the Structure of the Brave New World
Authors: SIMPSON A. W. BRAIN
Published: January 2010

This chapter describes the development of the idea of the United Nations as a permanent organization. The organization was to provide security, by controlling future German and Japanese aggression, and by ensuring the peaceful settlement of international disputes. The protection of individual rights in a just post-war world hardly featured in early official planning. There was also potential serious conflict over two basic and related issues. Roosevelt was extremely hostile to colonialism and the British Empire. He also favoured international free trade. Britain envisaged a long future for its evolving colonial empire, and had no plans of abandoning the system of imperial preference over tariffs.
The Burdens of Empire
Authors: SIMPSON A. W. BRAIN
Published: January 2010

This chapter gives an account of the structure and legal status of Britain's colonial empire in the post war period, and that of other European colonial powers. It considers the pressure for international supervision, and British resistance to it, together with the justifications offered for colonialism. It discusses the relationship between the anti-colonial movement and the human rights movement, traces the evolving practice of the United Nations, and concludes with an account of the less defensible aspects of British colonialism.
The Foreign Office Establishes a Policy
Authors: SIMPSON A. W. BRAIN
Published: January 2010

This chapter gives an account of the early years of the United Nations, when attempts were made to produce some form of international human rights instrument. It traces the abandonment of minority protection as a goal, and the adoption of the Genocide Convention, and gives an account of the controversial views of Lauterpacht on the powers of the United Nations under the Charter. It traces the establishment of the Human Rights Commission under Eleanor Roosevelt, and shows how the British Foreign Office began to establish a policy in relation to the Commission, and what it should aim to achieve.
Conflict Abroad and at Home
Authors: SIMPSON A. W. BRAIN
Published: January 2010

This chapter charts the conflicts which developed in the United Nations Human Rights Commission — both with the Soviet Union, and with the US, and those within the British governmental machine — over negotiations whose aim was to produce a draft international covenant on human rights, binding in international law. These negotiations ran parallel to those which produced the Universal Declaration. There was controversy over the specification of limitations to rights, over US pressure to include a federal applications clause, and UK pressure to include a colonial applications clause. The chapter describes the growing pessimism over the possibility that United Nations negotiations would ever produce a useful human rights covenant.
The Outcome of the Two Applications
Authors: SIMPSON A. W. BRIAN
Published: January 2010

This chapter gives an account of the visit of the sub-commission to Cyprus, the oral hearings, hostility of the colonial authorities and their management of the visit, the part played by the UK member, Humphrey Waldock, and the Greek member Eustathiades, the report of the sub-commission, with detailed discussion of its views on Article 15 of the Convention, on the doctrine of the margin of appreciation, on irregular derogations, on curfews and collective punishments, and on arrest and detention. It also gives an account of Greece's second application, Application 299/57, which alleged forty-nine cases of torture, which are discussed in detail, and of the appointment of a second sub-commission, and explains how the UK lawyers succeeded in delaying the investigation, which was never completed, events being overtaken by the Zurich political settlement of the dispute, with the report in the first case kept secret and the investigation of the second halted.
Coming In, Rather Reluctantly, From the Cold
Authors: SIMPSON A. W. BRAIN
Published: January 2010

This chapter gives an account of the reappraisal of the convention which followed the Cyprus cases, and the problems it caused for UK colonial office. It describes the later derogations and the use of emergency powers in Aden, Nyasaland, Northern Rhodesia, Sarawak, North Borneo, and Kenya and in Northern Ireland. It describes how the UK eventually accepted the jurisdiction of the court and the right of individual petition, relating this to the adoption of the policy of decolonization, and the chapter discusses the significance of the Lawless case, and concludes with brief discussion of the Human Rights Act of 1998.
Challenges to the International Legal System Interdependence, Globalization, and Sovereignty: The Role of Non-binding International Legal Accords
Authors: Reincke H. Wolfgang , Witte Jan Martin
Published: January 2010

This chapter presents two essays on the current challenges to the global system and what they may mean for the future of international law. The first essay discusses the differences between interdependence and globalization in economic activities and the impact of economic globalization on state sovereignty and the international legal order. The second essay expands the discussion and looks at the globalization of other issue areas and the role of non-binding norms in the light of current trends.
International Energy Security
Authors: Redgwell Catherine
Published: January 2010

This chapter identifies a range of energy security issues for both importing and exporting states. It also clearly raises concerns broader than security of oil supply, though the importance of oil to economic growth is reflected in the relative weight of international regulation pertaining to oil security in particular. It demonstrates a wide range of international legal instruments' impact upon energy security. It notes that these impacts range from facilitating and protecting inward energy investments, and constraining discriminatory unilateral action to protect domestic industry, to providing a treaty basis for energy security cooperation by energy-dependent importing states, exporting states, and an amalgam of energy importing, exporting, and transit states.
The Andes: So Much Energy, Such Little Security
Authors: Barrera-Hernández Lila
Published: January 2010

This chapter investigates the current energy law and policy in Colombia and Venezuela, two of the richest but also most unstable countries in the area. It traces the efforts of the two countries as they struggle to avert a looming energy crisis of both domestic and international significance. It discusses that few other regions and countries face such a challenging and mixed array of energy security issues, ranging from physical security of personnel and infrastructure, to ensuring that the lights come on and stay on in every household, while meeting revenue-generating export goals. It notes that much like their neighbours in the rest of the Andean region, whether or not these countries succeed in their efforts or whether they go from exporters to importers of energy products, may shape the very notion of energy security on a regional and international scale. It discusses the uncertainties that cloud energy development.