bluuebunny/crossref_metadata_2025 huggingface dataset:
La Grande Illusion
Authors: Tallgren Immi
Published: July 2016

The way I discuss here the history of censorship and criticism of La Grande Illusion reflects the normal context today, in which it is acknowledged that there are certain common concerns of law and art and that they influence each other mutually. The expressive and ceremonial aspects of criminal law are well known.
The Rise and Fall of a Soviet Jurist: Evgeny Pashukanis and Stalinism
Authors: Head Michael
Published: July 2016

One question looms large in the early history of Soviet legal theory and practice: how and why did EvgenyPashukanis emerge as the pre-eminent Soviet jurist from 1924 to 1930, come under only minor criticism from 1930 to 1936 and then be denounced and executed in 1937 as a ‘Trotskyite saboteur’? Of course, Pashukanis was not alone. Virtually every leading figure associated with the October 1917 Russian Revolution and the early years of the Soviet Union fell victim to Stalin’s purges by 1937 (from Trotsky, Zinoviev, Kamenev and Bukharin to thousands of less-known socialists). Yet, there are some particularly revealing aspects in the case of Pashukanis that have not been probed adequately by most Western or Soviet writers. His rise to leadership of Soviet legal work in 1924, with the publication of his The General Theory of Law and Marxism, coincided with Stalin’s initial victory over the Left Opposition and the enunciation of Stalin’s program of seeking to build ‘socialism in one country’. Pashukanis’ unexpected emergence from obscurity appears to be related to the fact that he publicly lined up against the Left Opposition as early as 1925. Pashukanis’ central theme in his General Theory, somewhat simplistically referred to as a ‘commodity-exchange’ theory of law, was related to the limited restoration of commercial property and market relations under the 1921 shift to the New Economic Policy. The dangers inherent in this temporary retreat became entrenched in Stalin’s bureaucratic elite after 1924. As discussed in this article, Pashukanis’ approach, which regarded commodity exchange as the essence of legal relations, to some extent reconciled Marxist theory with the official revival of economic relations based on private ownership and market forces.
The Incommensurability of Values Thesis and its Failure as a Criticism of Utilitarianism
Authors: Ben-Amitai Boaz B.
Published: July 2016

The incommensurability of values thesis is widely regarded as an effective and highly detrimental line of criticism against utilitarianism. The article begins by providing some general background about the development of the incommensurability thesis, as used both in mathematics, in the philosophy of science, and, most importantly, in moral and political philosophy. It then moves on to clarify the alleged importance of the incommensurability of values argument as an objection to utilitarianism and to distinguish two different meanings of that argument (labelled incomparability1 and incomparability2). The main part of the article provides an analysis of these two alternative meanings. Incomparability1 (the claim that a particular scale is either not applicable, or irrelevant, or arbitrary), though perfectly valid, is shown to be misguided as a criticism of utilitarianism. Incomparability2 (the claim that some options cannot be translated into or associated with particular locations on the relevant scale in a way that would generate positive value relations) is shown not to pose any real difficulty to utilitarianism by demonstrating that incomparability of that kind is, as a matter of fact, indistinguishable from the notion of rough equality and that, accordingly, indifference towards the choice between the incomparable2 competing options is justified.
The Religious Beliefs of Tort Victims: Religious Thin Skulls or Failures of Mitigation?
Authors: Ramsay Marc
Published: July 2016

A Jehovah’s Witness suffers severe injuries in an automobile accident, and these injuries result from another person’s negligent driving. The victim refuses to accept standard medical treatment, which includes blood transfusions. Had she accepted standard treatment, the victim would have been returned to a near normal life. As a result of her decision, she now faces the prospect of life in a wheel-chair. Should the tortfeasor be held liable for the additional damages that result from the victim’s religious decision, or should the victim’s religious choice be treated as a failure of reasonable mitigation? I support the former option, arguing that the thin skull rule should be extended to include religious choices such as the refusal of blood transfusions. Our constitutional commitments to religious freedom and equality require us to treat these choices as reasonable ones, and this supports the notion of religious thin skulls. The argument provided here fits neatly with the structure of tort, and with the major Canadian precedents regarding the evaluation of victim behaviour.
Nonconstitutional Amendments
Authors: Albert Richard
Published: July 2016

The constitutional text in a constitutional democracy does not necessarily constrain constitutional change. Quite the contrary, constitutional change in a constitutional democracy often occurs in ways that depart from the rigid procedures governing constitutional amendment enshrined in the text of the constitutional.

In this article, I illuminate this peculiar phenomenon in comparative perspective, drawing from the constitutional traditions of Canada, Germany, India, South Africa and the United States. In addition to illuminating distinctions in the amendment practices of liberal democratic constitutional states, I deploy those contrasts as a springboard to substantive insights about fundamental principles of statehood, namely sovereignty and legitimacy.
The Law and The Right: A Reappraisal of the Reality that Ought to Be by Enrico Pattaro (Dordrecht: Springer, 2007, paper); ISBN: 978 1-4020-3505-0. Page numbers in text are to this book.
Authors: Rodriguez-Blanco Veronica
Published: July 2016

Rodriguez-Blanco examines Enrico Pattaro’s effort to explain the normativeness or binding force of the law. Pattaro defends the controversial claim that norms are motives of behaviour and provides a rich explanation of how these motives, i.e., beliefs in the human brain, move human agency. In her review, Rodriguez-Blanco challenges Pattaro’s empirical conception of human agency.
Improperly Collected Taxes: The Border Between Private and Public Law
Authors: Peari Sagi
Published: July 2016

In recent years, Professor Birks’ doctrine of constitutional right to restitution has become a new normative rule with respect to the issue of restitution of improperly collected taxes. Nevertheless, the new doctrine has puzzled academic scholars. Profound questions regarding the conceptual “private law-public law” location of Professor Birks’ doctrine and the current status of traditional law doctrines have arisen.

This study challenges Professor Birks’ doctrine and demonstrates that despite its universal adoption, the doctrine was based on weak premises. Furthermore, based on Professor Weinrib’s legal philosophy, this study develops an alternative framework to analyze the issue of improperly collected taxes. The study shows that the “private-public” puzzle and the doctrines traditional to improperly collected taxes may be coherently explained within this legal philosophy.
Legal Perspectives on Corporate Responsibility: Contractarian or Communitarian Thought?
Authors: Bone Jeffrey
Published: July 2016

This paper reviews the accountability regimes of contractarian and communitarian theory. The contractarian theory is further elaborated with the developments of shareholder primacy, the stakeholder theory and team production model (TPM), and the communitarian themes of single constituency, Catholic social thought (CST) and corporate citizenship. Contractarian theory is rooted in liberalism, where as communitarian theory is a humanist discipline. While contractarians stress the value of competition, liberty and freedom, the communitarians emphasize cooperation, justice and civic responsibility. The purpose of this analysis is to frame corporate ‘personhood’ in the perspective of the existing theories. This article suggests that corporate citizenship has been revived under Canadian law which contemplates a communitarian corporation.
The Migrating Spirit of the Secession Reference in Southeastern Europe
Authors: Oklopcic Zoran
Published: July 2016

Apart from examining the use of the Secession Reference in three post-Yugoslav, Southeastern European countries, this article also suggests that there is a different, more general reading of the Secession Reference that could have been deployed in Southeastern Europe. Before discussing what I call the ‘spirit of the Secession Reference’, I examine an important preliminary question: what could justify the migration of such a general constitutional idea? I argue that existing justifications for the use of comparative jurisprudence are either inadequate or need to be qualified before we can make an argument that the spirit of the Reference can indeed migrate. I then turn to outlining the components of the Secession Reference’s spirit. My argument is that the Secession Reference should be approached not only as a set of particular arguments and interpretive strategies, but also as embodying a distinct way of dealing with deep national diversity. To me, the spirit of the Secession Reference comprises four components: First, it embraces radical political projects as legitimate. Second, it establishes that all contentious political issues are subject to principled negotiations. Third, in doing so, it downplays the dominant contemporary vocabulary of popular sovereignty and self-determination. Fourth, as a result of the previous three components, the spirit of the Secession Reference simultaneouslyrespects and deflatesradical nationalist mobilization.
Austin, Hobbes, and Dicey
Authors: Dyzenhaus David
Published: July 2016

I argue that attention to Austin helps us to appreciate that there are significant continuities between his legal theory and that of contemporary positivists; hence, to the extent that Austin’s theory has defects, these are reproduced in the work of contemporary legal positivism. An historical perspective on contemporary philosophy of law thus permits one to appreciate that the basic divide in legal theory is between a tradition whose basic intuition is that law is answerable to a moral ideal of legality and the positivist tradition that sees law as the transmitter of political judgment. For the former, the rule of law tradition, the basic problem for philosophy of law is to explain the distinction between the rule of law and the arbitrary rule of men. For the latter, the rule by law tradition, the basic problem is to explain how law can effectively transmit the judgments made political elites. The rule by law tradition encounters severe difficulties in making sense of the idea of government according to law, difficulties which reach their height once legal positivists accept, following Hart, that philosophy of law has to understand law as a normative phenomenon, which in turns requires taking seriously the internal point of view of legal officials.
Austin and the Electors
Authors: Eleftheriadis Pavlos
Published: July 2016

Austin’s theory of theory of law is simple: the law follows the pattern of power; the sovereign gives commands and obeys none; the subject obeys commands; the law consists in only those commands that directly or indirectly emanate from the sovereign. Nevertheless, Austin’s theory of sovereignty is not simple at all. When we look at the relevant chapters closely, it becomes evident that Austin has two rival theories of sovereignty, one for a single person and one for a ‘determinate body’. It is only the latter that allows him to say that sovereignty lies, ultimately, with the electors, the strange conclusion of his book. But Austin’s second theory of sovereignty is not consistent with his own theory of law. Austin’s faces a dilemma. Is law - as most people take it to be - a public order of standards of conduct aiming to guide behaviour? If so, sovereignty ought to be public and intelligible. If not, sovereignty can remain a mystery to those living under it (accessible only after the event by the expert legal philosopher). For the latter reading, law and sovereignty are ‘normatively inert,’ as some of Austin’s followers claim today. But Austin does not agree with his modern followers. Austin’s second theory of sovereignty is aimed at satisfying a practical requirement of law and jurisprudence, i.e. to be in the position of publicly guiding conduct.
Dworkin’s Morality and its Limited Implications for Law
Authors: Donnelly-Lazarov Bebhinn
Published: July 2016

In his account of adjudication, Ronald Dworkin makes the case that judicial engagement with morality is a necessary feature of legal practice and so of law itself. This paper examines the nature and implications of this claim. It argues (a) that Dworkin is concerned with a form of engagement between law and morality that is insufficient to make morality count as part of law in virtue of it and (b) that the sort of engagement with morality that Dworkin identifies turns out to support only the notion that judicial acts have moral meaning or import of some sort. Dworkin’s key interpretive claim that adjudication entails offering a positive moral justification for the practice of law is undermined by the type of moral engagement he properly identifies.
On The Right to Private Property and Entitlement to One’s Income
Authors: Marmor Andrei
Published: July 2016

In this short essay I argue that the main insight of Murphy and Nagel’s book, The Myth of Ownership, that people have no right to their pre-tax income, is not supported by their claim that the right to private property is not a natural right. The non-naturalness of the right to private property, I argue, is irrelevant to their moral argument. The plausibility of their moral conclusion derives from the thesis (which they also seem to endorse) that people have a right to the fruits of their labor, maintaining, however, that there is no possible conception, morally speaking, of what the fruits of one's labor are, independent of a system of legal and social norms that constitute the terms of fair bargaining, pricing, etc. People can only have a right to a fair assessment of the added value of their labor, and the latter cannot make any sense independent of the entire system of norms prevailing in the relevant society. I argue that this last conclusion is not affected by the nature of the right to private property.
Misled by ‘Property’
Authors: Penner J.E.
Published: July 2016

It is not untypical for arguments about the justice of taxation to be framed in the rhetoric of property, for example by equating taxation with the taking of property by the state, a form of expropriation. An important recent example is found in Murphy and Nagel’s book, The Myth of Ownership: Taxes and Justice. In this paper the author argues that the equation of taxation with expropriation is conceptually awry, and that, properly understood, justifications for property rights bear only tangentially on the justice of taxation. The author elaborates this view by discussing Murphy and Nagel’s general strategy when they attempt to justify taxation in the face of libertarian ‘pro-property’ arguments, in the particular case of the ‘saver’s argument’, i.e., the argument that taxation on the income from investments amounts to an unfair burden on savers.
Law, Culture, and Anthropology: On the Hopes and Limits of Comparative Tax
Authors: Livingston Michael A.
Published: July 2016

This article considers the use of cultural analysis by tax academics, particularly as it concerns comparative tax issues. While various authors have used the terms “culture” and “cultural” in tax scholarship, it is not clear that they have ascribed the same meanings to these terms, and their approaches have (with rare exceptions) not yet been systematic. In particular there is a division between those scholars who have used the term to indicate broad national characteristics, such as the American ambivalence toward wealth or the Italian tolerance for tax evasion, and those who have considered the beliefs and practices of tax professionals or administrators--what might better be called the tax anthropology or sociology of a given country or region. The author considers these issues in the context of two specific problems: the issue of progressivity and tax reform, and the narrower issue of statutory interpretation and tax shelter limitations. The author concludes that cross-cultural comparisons hold substantial promise in the tax field, but are likely to be most productive when focused on specific, well-defined problems and when the author is clear as to what definition of culture he or she is concerned with.
Restitution for Wrongs: A Structural Analysis
Authors: Giglio Francesco
Published: July 2016

In this essay, I seek to provide an account of the scope and justification of gain-based damages for civil wrongs. My starting point is that the main accounts of restitution for wrongs are inconsistent with the structure of the law of damages. My alternative explanation provides a framework which is coherent with the law of obligations and allows a reading of restitution for wrongs in terms of corrective justice. When a wrong affects a proprietary or proprietary-like interest, I argue that the normal response is compensation, not restitution. In this context, I introduce the expression ‘pseudo-restitutionary damages’ to identify those awards in which the claimant’s loss is measured by the defendant’s gain. The true nature of pseudo-restitutionary damages is revealed by their close link to the loss. When the loss disappears, the benefit disappears with it. Unlike pseudo-restitution, proper restitution for wrongs requires a benefit which is independent of the loss and is only connected to the wrong. The benefit cannot be dissociated from the claimant’s loss if it is the consequence of a wrongful direct transfer of wealth from the claimant to the defendant. Corrective justice can account for proper restitutionary damages. It provides a normative ground for the victim to seize the defendant’s gain independently of any loss suffered by the victim. It isolates the wrongdoer and the victim as the parties to a restitutionary claim. The award is granted because it would be unjust if the wrongdoer would go scot-free with his wrongful gains; and it is granted to the victim because any wrongful behaviour is detrimental to the sufferer of the injustice. Although quite distinct, compensation and restitution for wrongs show certain structural similarities. The former aims to place the victim in the same position in which the victim was before the damaging event took place; the latter seeks to place the wrongdoer in the same position in which the wrongdoer was before he performed the wrongful act. Both legal responses aim at neutrality as between the pre- and post-wrong position but in respect of different parties.
On the Intrinsic Value of Arabic in Israel—Challenging Kymlicka on Language Rights
Authors: Pinto Meital
Published: July 2016

In the postcolonial era, we have witnessed waves of mass immigration. Consequently, many states are no longer associated with just one or two national languages. Newly formed immigrant minorities raise demands for language rights, alongside national minorities, which raise similar demands.Such a complex situation exists, for example, in Canada, where only French and English are declared official languages although there are other languages, such as Chinese, which are spoken by large communities of people. My paper addresses the general question of which linguistic minorities are most entitled to comprehensive language rights. Will Kymlicka distinguishes between national minorities, which he regards as deserving of comprehensive language rights, and immigrant minorities which are not. Many scholars challenge Kymlicka’s distinction. However, none of them have suggested alternative criteria for distinguishing minority languages that are entitled to protection from minority languages that are less entitled to protection. In my paper, I suggest such a criterion. My alternative criterion is based on the intrinsic interest people have in protecting their own language as the marker of their cultural identity, thus, comprehensive language rights are to be accorded to linguistic minorities that possess the strongest intrinsic interest in the protection of their language as their marker of cultural identity. I apply my criterion to the Israeli case, in which there are two dominant linguistic minorities: the Arab national minority and the Jewish Russian immigrant minority. Relying on general criticism of Kymlicka’s distinction, I argue that this distinction is not applicable to the Israeli linguistic case. Applying my alternative criterion to the Israeli case, I argue that Israeli Arabs have a stronger interest in Arabic than the Russian Jewish minority has in Russian because Arabic constitutes Israeli Arabs’ exclusive marker of identity.
Contract Law and Reasons of Social Justice
Authors: Voyiakis E.
Published: July 2016

The view that contract law should do social justice deserves closer and more charitable attention than it has been given in theoretical debates. In particular, resistance to that view is often due to misunderstandings about the nature of social justice and the interests it protects; the kind of impact that contract law can make on the social structure and the demands that this would involve for individual transacting agents, and; the relation between structure-sensitive and structure-insensitive principles for the enforcement of voluntary transactions. Once these misunderstandings are dealt with, taking contract law to aim for social justice seems a no less plausible or attractive a view than most other grand normative theories of contract.
Commercial Impossibility and Frustration of Purpose: A Critical Analysis
Authors: Roberts Thomas
Published: July 2016

A critical analysis of theories of commercial impossibility and frustration of purpose is best undertaken in conjunction with a theoretical analysis of contract in general. Contracts function as a means of transferring social benefit, which can be subcategorised into subjective and objective benefit. Contracts also regulate the transfer or risk, which is inherent in property and hence any contractual relationship. In the light of the transfer of subjective and objective benefit and risk, contracts can be shown to be by definition ex ante Pareto superior for both parties. Frustration of purpose or commercial impossibility is pleaded where the ex post overall benefit differs greatly from the ex ante expected value. This difference results from the manifestation of a risk which one party bears under the terms of the original contractual risk/benefit equilibrium. Considering the various subjective and objective risks and benefits involved in the contract, it is possible to classify frustrating eventualities under eight heads. In at least six cases the importance of the principle of security of exchange clearly precludes the operation of frustration. One of the remaining cases corresponds with the controversial Krell v Henry; there appears to be a temptation to regard frustration as the most socially utilitarian solution. Given however the dynamics of contractual risk and benefit, allowing frustration there would be unworkable because it would entail placing a subjective risk burden on the party which is in a worse position to evaluate it. There should be no place in the law for a doctrine of frustration of contract on the grounds of commercial impossibility orchanged circumstances.
What is Critical Research in International Law? Celebrating Structuralism
Authors: KOSKENNIEMI MARTTI
Published: July 2016

This essay is a friendly response to the colloquium on From Apology to Utopia (FATU). It restates the way critical research examines the exercise of power through analysis of (legal) language. Attention is directed especially to the empowering and enchanting effects of the law. The main point has to do with the continuing power of structuralism as a form of legal analysis.
On the computational complexity of the Dirichlet Problem for Poisson's Equation
Authors: KAWAMURA AKITOSHI , STEINBERG FLORIAN , ZIEGLER MARTIN
Published: July 2016

The last years have seen an increasing interest in classifying (existence claims in) classical mathematical theorems according to their strength. We pursue this goal from the refined perspective of computational complexity. Specifically, we establish that rigorously solving the Dirichlet Problem for Poisson's Equation is in a precise sense ‘complete’ for the complexity class${\#\mathcal{P}}$and thus as hard or easy as parametric Riemann integration (Friedman 1984; Ko 1991.Complexity Theory of Real Functions).
Logic in the 1930s: Type Theory and Model Theory
Authors: Schiemer Georg , Reck Erich H.
Published: July 2016

In historical discussions of twentieth-century logic, it is typically assumed that model theory emerged within the tradition that adopted first-order logic as the standard framework. Work within the type-theoretic tradition, in the style ofPrincipia Mathematica, tends to be downplayed or ignored in this connection. Indeed, the shift from type theory to first-order logic is sometimes seen as involving a radical break that first made possible the rise of modern model theory. While comparing several early attempts to develop the semantics of axiomatic theories in the 1930s, by two proponents of the type-theoretic tradition (Carnap and Tarski) and two proponents of the first-order tradition (Gödel and Hilbert), we argue that, instead, the move from type theory to first-order logic is better understood as a gradual transformation, and further, that the contributions to semantics made in the type-theoretic tradition should be seen as central to the evolution of model theory.
Interpretability in Robinson's Q
Authors: Ferreira Fernando , Ferreira Gilda
Published: July 2016

Edward Nelson published in 1986 a book defending an extreme formalist view of mathematics according to which there is animpassable barrierin the totality of exponentiation. On the positive side, Nelson embarks on a program of investigating how much mathematics can be interpreted in Raphael Robinson's theory of arithmetic. In the shadow of this program, some very nice logical investigations and results were produced by a number of people, not only regarding what can be interpreted inbut also what cannot be so interpreted. We explain some of these results and rely on them to discuss Nelson's position.
Objectively measured physical activity predicts subsequent energy intake in 300 women
Authors: Tucker Larry A
Published: July 2016

Objective

To determine if 7 d physical activity (PA) predicts energy intake over the same days and if PA on a given day predicts energy intake on the same day, the next day or subsequent days.

Design

A 7 d prospective investigation. PA was measured using accelerometers worn for seven consecutive days. During the same week, total energy intake (including alcohol) was assessed using weighed food records.

Setting

Twenty cities in the USA.

Subjects

Three hundred middle-aged women.

Results

After controlling for the covariates, energy intake was 36 (se8) kJ higher for each additional 100000 activity counts (F=19·0,P<0·0001), based on the entire week of monitoring. Women with Low PA (n75) had a mean energy intake of 8364 (sd1235) kJ/d (1998 (sd295) kcal/d), those with Moderate PA (n150) consumed 8523 (sd1264) kJ/d (2036 (sd302) kcal/d) and those with High PA (n75) consumed 9079 (sd1473) kJ/d (2169 (sd352) kcal/d;F=6·4,P=0·0019), a 5023 kJ/d (1200 kcal/d) difference between the High and Low PA groups. PA on a given day was predictive of energy consumption on the same day on four of the seven monitored days, and was predictive of energy intake the next day, with five of six associations significant. PA was not consistently predictive of energy intake on days beyond the next day.

Conclusions

Over 7 d, PA and energy consumption tend to be positively related. Considered day to day, increased PA is weakly associated with increased energy intake the following day and, to a lesser extent, the same day. Therefore, managing weight by increasing PA may not result in the energy deficit expected.
III. The Good Old Cause and the Fall of the Protectorate
Authors: Woolrych A. H.
Published: July 2016

If any single turn of events condemned the Great Rebellion to its final collapse and made the Restoration ultimately inevitable, it surely took place that April night in 1659 when the regiments about London gathered at St James's in defiance of Richard Cromwell, ‘unanimusly crieing up the good ould cause And A Comanwealth, and noe single person’. The coup d'état which virtually ended the Protectorate left England at the mercy of the military grandees who had headed it and the Republican politicians who meant to profit by it. Both groups found themselves sunk too low in credit to erect a new regime in place of the one they destroyed, and after exposing their political bankruptcy for half a year longer they finally committed political suicide by quarrelling between themselves.
II. Recent Work in Italian Medieval History
Authors: Previté-Orton C. W.
Published: July 2016

The study of medieval Italian history in England has always tended to the picturesque in character. This is an old tradition; we see it already in Elizabethan plays; and may trace it through Byron and Browning to modern writers of biographies and histories of a time or of a city. Stodgily virtuous in Dennistoun, rhetorically philosophical in Symonds, stirring and graphic in Heywood, Clio has here had the opportunity to be a melodramatic muse, and has used it to the full. The moving accident has been almost all her theme, and she seems at times to have found in it the pleasure that Charles Lamb did in Restoration plays, the escape to the country “where no cold moral reigns.” This attitude is natural enough when we consider that Italian history comes to us in the light of the Renaissance and of Dante, of a time when personality in its most exuberant forms not only had free play in life, but full record, and record which is living literature and not a mere “source.”

From the confessionals “we” hear arise

Rehearsals of forgotten tragedies.
II. Adam Smith's Project of an Empire
Authors: Benians E. A.
Published: July 2016

It is now nearly one hundred and fifty years since the publication of the Wealth of Nations and the Declaration of American Independence. The two events, closely associated in time, recall each other; for in his famous chapter on colonies Adam Smith predicted, with little apparent regret, the loss of the American colonies, and outlined the project of an empire which he thought could have been preserved and been worth preserving. That chapter, though it did not influence the course of the controversy which called it forth, nor, for a time, the colonial policy of Great Britain, has become, none the less, a landmark in the history of the British Empire. After Adam Smith had written, it was possible to think of colonies in a new way, though it was still not impossible to treat them in the old. The united empire of which he dreamed never became a fact, or even a political programme, but the ideas which he advanced bore their fruit in general opinion, and the spirit in which he wrote was in due course to animate a generation of colonial reformers and to bring forth a new and better colonial policy. Durham and his friends did not advocate Smith's imperial Parliament, the “States General of the British Empire,” and they did advocate imperial control of colonial trade, and not his “natural system of perfect liberty and justice”; but one may believe that the faith in the future of the British Empire which inspires the speeches of Molesworth and Buller, the Report on Canada and the Art of Colonization, owed some of its vitality to the courageous Utopia imagined in the Wealth of Nations.
IV. Pacta Sunt Servanda or International Guarantee
Authors: Satow E.
Published: July 2016

At an early period it was seen to be necessary that the observation of treaties should be ensured by the adoption of various sanctions besides the signatures of the high contracting parties.

A probably complete list of the expedients employed for the confirmation and execution of treaties up to, say, the end of the sixteenth century would include the following:

An oath taken by the high contracting parties, as well as by their plenipotentiaries and other persons of importance.
Some Recent Advance In English Constitutional History (Before 1485)
Authors: Lapsley Gaillard
Published: July 2016

The following notes were put together in response to a suggestion that workers in other fields might be interested to hear something of our problems and the solutions we are finding for them. I have addressed myself to such readers and have tried to avoid both the minute and the technical. I have confined myself to four topics largely from considerations of space. An article that covered the whole ground could have been little more than a select bibliography, and what I thought was wanted in this case was an indication of what the books contained. The selected topics have been chosen partly with reference to the amount and importance of the work that has recently been devoted to them, and partly because of their special relevance to the subject in hand. Thus much could have been said of the very interesting development of views as to origins and the pre-conquest period in general or of the important advances that have been made in the understanding of revenue, taxation and finance, but it will probably be agreed that these had to make way for such subjects as constitutional theory and parliament. Reasons for certain other obvious omissions will be given later.
I. Reflections on The Archaeology of the Cambridge Region
Authors: Fox Cyril
Published: July 2016

Nearly a quarter of a century has elapsed since The Archaeology of the Cambridge Region was published by the Cambridge University Press, and a proposal by the Committee of the Journal that I should write down my afterthoughts on that book and such ‘considerations as I might wish to put to students at the present day’ was a compliment an author could not but appreciate, and an opportunity he could not refuse.
V. The Origin and Early Development of the Cambridge Historical Tripos
Authors: McLachlan Jean O.
Published: July 2016

Some years ago the late Ronald Balfour wrote a paper on the Study of History at Cambridge. His main preoccupation was the nature of history as a study. To-day interest is focused on more practical matters of detail, and we wish to know why the Cambridge Historical Tripos developed as it did, what was the purpose behind the various reforms, how far the character of the Tripos was affected by the example of foreign Universities, by experience at Oxford or by the requirements of the Civil Service examinations, and, finally, who most influenced the Tripos, the professors or the more junior College lecturers and supervisors.
II. The Gentry of Kent in 1640
Authors: Laslett Peter
Published: July 2016

Students of history are liable to assume that the entity ‘England’ has existed at all points in her past in roughly the same way as she exists in their present–not the same England of course, but the same sort of phenomenon, corresponding to a strictly similar social and political reality, apprehended in the same sort of way by contemporaries. When they read statements about any period, they tend to feel confident that the word ‘England’ is one that can be taken for granted, as representing something self-evident or something which can easily be explained in terms of geography and political history.
I. Acta Episcoporum
Authors: Stenton F. M.
Published: July 2016

It has probably occurred to many people that a slight air of unreality overhangs our conception of the relations between church and state in England in the twelfth century. We know the main questions at issue, and something at least of the personalities engaged upon them. We possess much correspondence—ill edited, on the whole, but still illuminating. We have also much biographical matter. Above all, in the Constitutions of Clarendon we have an official statement of what the king claimed, and his bishops could not deny to be the ancient customs of the realm. It is not surprising that the twelfth-century church in England has sometimes been treated by modern writers in a way which would suggest that little more remains to be learned about it.
I. Timoleon and the Reconstruction Of Syracuse
Authors: Westlake H. D.
Published: July 2016

The achievement of Timoleon in the field of reconstructive statesmanship received far less attention from ancient writers than the exploits of his crusade which liberated Greek Sicily from tyranny and from Carthage. Timaeus, who was largely responsible for the literary tradition, had no experience of practical politics and was therefore considered by Polybius to be unqualified to deal with political issues. TheTimoleonof Plutarch is a brilliant work, in which some aspects of his career receive detailed treatment, but except in two digressions it is wholly dependent on the tradition established by Timaeus. Moreover, to a biographer who was primarily a moralist constitutional and social reform could scarcely be an attractive theme, and it is not surprising that he sketches the reconstructive accomplishments of his hero in terms of vague eulogy without fully appreciating their significance. Diodorus, on the other hand, was profoundly interested in the political and economic development of Syracuse. The parts of Book xvi devoted to the career of Timoleon reproduce his customary faults: the narrative is ill-arranged and highly compressed, degenerating here and there into a string of disconnected notes, and in its later chapters it depends upon the tradition of Timaeus. Yet it constitutes the chief source of information on the reforms of Timoleon. The contribution of a third-rate historian is in this sphere more valuable than that of a first-rate biographer.
III. Fowell Buxton and the New African Policy, 1838–1842
Authors: Gallagher J.
Published: July 2016

‘The Black in the West Indies will.… receive his Emancipation at the expense of his Brethren in Africa.’ So the Lieutenant-Governor of the Gambia had forecast before the 1833 Act, and he was right, although for the wrong reasons. Emancipation cramped the sugar production of the British Caribbean, but it did not affect the sweet tooth of the sugar consumer, and as West Indian output fell, sugar production in Cuba and (less noticeably) in Brazil rose sharply. Outproduced, undersold and overcultivated, the West Indian plantations began to lag as competitors, a result inevitable in the long run, but accelerated by the freeing of the slaves.
V. Gasquet and the Acton-Simpson Correspondence
Authors: Watkin A. , The Editor
Published: July 2016

In the year 1906, Abbot (later Cardinal) Gasquet published Lord Acton and his Circle, which contained 178 letters of Lord Acton, all of them except fifteen being addressed to Mr Richard Simpson. The bulk of the manuscripts passed into the archives of Downside Abbey, possibly in 1914, when Gasquet left England on becoming a Cardinal; though the fifteen letters addressed to Mr T. F. Wetherell are not there, and it has not been possible to discover whether the originals of these are still in existence. At the request of an American scholar the original holograph letters at Downside were recently re-examined for the first time, for the purpose of discovering whether any material concerning Lord Acton had been left unpublished. The inquiry revealed the fact that the volume was in many respects unsatisfactory as a work of scholarship.
III. Thomas Cromwell's Decline and Fall
Authors: Elton G. R.
Published: July 2016

Even in the uncertain and tempestuous times of Henry VIII, Cromwell's fall from power was unusually sudden and precipitate. On 18 April 1540 he was created earl of Essex and great chamberlain of England, thus confounding his enemies and those onlookers who had seen him tottering for some time; for the next two months he appeared to be enjoying his master's confidence as much as ever; but on 10 June he was suddenly arrested at the council table, hustled to the Tower, condemned without a hearing, and kept alive until a belated execution on. 28 July only because Henry still wanted his testimony against Anne of Cleves. It is alleged that he foresaw his fall some two years earlier, and indeed it is probable that he was always aware of the dangerous insecurity of a position which so entirely depended on the royal favour; nevertheless, when the knife actually fell it seems to have taken him by surprise. How and why it all happened are questions that have often been considered, but may never find a completely satisfactory answer because the principal actors in the drama did not commit themselves on paper. Burnet pointed out long ago that Henry's dissatisfaction with Anne of Cleves cannot have been the sole or even the chief reason, because Cromwell obtained his last and greatest honours after that storm broke; he saw the decisive factors in the accusations of heresy which were brought against Cromwell.
I. East and West in 1054
Authors: Mayne Richard
Published: July 2016

At about 8 a.m. on Saturday, 16 July 1054, mass was being prepared in the church of Santa Sophia in Constantinople. The congregation was gathering; priests, deacons, and acolytes were assembled in the choir. Then, quite unexpectedly, three strangers—three Papal legates—entered the church. Passing through the nave, they made their way to the high altar, where they stopped to address the congregation in a few words of Latin or ill-spoken Greek. Turning, they placed upon the altar a strange document that one of them was carrying; then, in silence, they went back to the doors. Pausing in the narthex, they cried aloud the words: ‘Videat Deus et judicet!’—and with that they passed from the church. For a moment, there was confusion within. One of the subdeacons picked up the document and flung it to the ground; but then, as anger gave way to curiosity, it was recovered and carried to the patriarchal palace. Here, upon examination, it proved to be a bull of deposition and anathema directed against the Patriarch himself.
III. The Character of the Nine Years War, 1688–97
Authors: Clark George
Published: July 2016

In a book published twenty years ago, the present writer expressed the following opinion on the European wars of the late seventeenth and early eighteenth centuries: ‘It was not that the wars of that period meant less in expense and suffering than those of later times. Armies and navies were smaller, and even smaller in proportion to the number of the peoples; but they were as large as the poorer and simpler societies of those days could afford. In every great war there was some state that fought until it came within sight of revolution at home.’ The purpose of the present article is to consider, for the special case of the Nine Years War, whether this opinion may still be maintained or ought to be modified in the light of the many relevant publications of the intervening twenty years. The words quoted above relate to the social and economic aspects of the wars, but these, of course, cannot be entirely detached from the military aspects, and it will be well to begin by stating an assumption as to these military aspects. This assumption is that those who directed the fighting, whether on land or on sea, apart from such exceptions as the weaknesses of human nature must always occasion, fought to win and fought as hard as they could. For the present purpose this will be assumed, but it is not accepted as true by all historians. Some of them have applied to this period a famous sentence of Gibbon: ‘in War the European forces are exercised by temperate and undecisive contests’.
IV. The Background of the Parliamentary Reform Movement in Three English Cities (1830–2)
Authors: Briggs Asa
Published: July 2016

Many of the most important political changes of the nineteenth century have been studied exclusively from the standpoint of London. Clear-sighted contemporaries have been long aware of the consequent misrepresentation. ‘Londoners are the lapidaries of the nation’, wrote Holyoake, ‘they polish the diamond found in the counties, and sometimes if no one challenges them, they take credit for the jewel.’ Only too often no one has challenged them. The result has been not so much a failure to render credit where credit is due as a failure to understand the mainsprings of national political action. It is only when the local element has obtruded unmistakably, as in the story of Chartism, that it has been examined with care. Where it has not obtruded, historians have often been more willing to accept things as they seemed from the standpoint of the capital rather than to investigate them as they arose.
I. The Pontificate of Adrian IV
Authors: Ullmann Walter
Published: July 2016

On Saturday, 4 December 1154, eight hundred years ago, Nicholas Breakspear was elected pope. On the following day he was enthroned and crowned at St Peter's, Rome. Adrian IV was the only ‘pontifex natione Anglicus’ who has assumed the tiara.
IV. Anthony Merry and the Anglo-American Dispute about Impressment, 1803–6
Authors: Steel Anthony
Published: July 2016

It is a traditional view among historians that nothing so be-devilled Anglo-American relations in their early days as the British wartime practice of impressing seamen. True, the British never asserted any right to impress persons who were not British subjects, but on the other hand such persons often claimed to be American citizens, and it was frequently very difficult to determine whether they really were so or not. Moreover, alleged British subjects were pursued by the Royal Navy on to neutral ships, not only in British ports and waters but also on the high seas, as well as on to British merchant ships and privateers, even when these were lying in neutral harbours. Finally, American naturalization papers were not respected by the British before 1870; until then the rule was, ‘once a British subject always a British subject’. The result was that, according to American official estimates, at least 2410 genuine Americans were impressed by the British between 1792 and 1802, and a further 6057 between 1802 and the beginning of 1812. The latter figure is probably an underestimate, and the grand total of impressed men for whom some colour of American citizenship existed may perhaps reach 10,000. Very many contemporary Americans believed it to be five or six times as much—with no shadow of doubt about the citizenship—but most American historians would now admit that such beliefs were ill-founded.