bluuebunny/crossref_metadata_2025_split huggingface dataset:
Literature and Literariness
Authors: Kahn Victoria 
Published: April 2020

Abstract
This chapter argues that literariness in the Western tradition has been defined by a tension between making and believing, between an emphasis on poiesis as construction and the various attitudes of belief the reader or audience brings to a text or performance. It traces this tension from the work of Plato and Aristotle to the early modern period, when the centrality of rhetoric and maker’s knowledge (the idea that we can only know what we make ourselves) fundamentally shaped the conception of the literary work. It argues that modern concepts of literariness represent a declension from the heroic conception of poetic making characteristic of the early modern period.
Hobbes and Maker’s Knowledge
Authors: Kahn Victoria 
Published: April 2020

Abstract
This chapter argues that in Leviathan Hobbes draws on the classical rhetorical tradition to make his case for maker’s knowledge, or the idea that we can only know what we make ourselves. In particular, it explores the role of fiction, narrative, and persuasion in the argument of the text. I demonstrate that one of Hobbes’s goals is to disarm the revolutionary potential of religious belief by arguing that such belief is an artifact created by the sovereign. Hobbes’s emphasis on maker’s knowledge or construction anticipates the emergence of the discipline of aesthetics in the eighteenth century.
Enlightenment Origins
Authors: Jackson Williams Kelsey 
Published: April 2020

Abstract
This chapter locates the origins of the first Scottish Enlightenment in James VII and II’s patronage in 1680s Edinburgh and the psychological and social impact of the revolution of 1688 on Jacobite, Episcopalian, and Catholic scholars. It closely examines the institutional structures of learned societies, libraries, and churches, demonstrating the ways in which they shaped the agenda of subsequent writers. In doing so, it offers new readings of important moments such as the foundation of the Advocates Library and the ill-fated Catholic presence at Holyroodhouse while offering case studies in the form of the well-known polymath Sir George Mackenzie of Rosehaugh and the more obscure scholar John Cockburn.
Thomas Innes
Authors: Jackson Williams Kelsey 
Published: April 2020

Abstract
The challenges discussed in Chapter 3 culminated in Thomas Innes’s 1729 Critical Essay on the Ancient Inhabitants of the Northern Parts of Britain, or Scotland, the subject of this chapter. Innes’s paradigm-shifting reconstruction of early medieval Scottish history, together with the final rejection of humanist history which it required, still underpins modern understandings of the period. Innes’s own methods and goals, however, were more complex than mere seeking after truth and this chapter interrogates his Jacobite and Catholic, but surprisingly ecumenical agenda as well as tracing the immediate and longer-term fortunes of his theories.
Such Honourable and Worthy Persons
Authors: Jackson Williams Kelsey 
Published: April 2020

Abstract
This chapter assesses the cultural impact of the works of scholarship discussed here. Were they read and, if so, by whom? Using subscription lists, it argues that not only were these texts widely received throughout and furth of Scotland but that their reception allows us to trace the culture of the north-east exporting its own traditions to Scotland at large in a crucial, but subsequently forgotten, moment of cultural and intellectual upheaval. This in turn is placed within the wider context of Early Enlightenment reading, within and beyond the nation. Finally, the conclusion reiterates the arguments of the book as a whole and looks towards the end of the eighteenth century and the fate of Early Enlightenment thought.
The Upbringing of Man
Authors: Byford Andy 
Published: April 2020

Abstract
The chapter begins by discussing the culturally specific concept of vospitanie (‘upbringing’), which is placed in the context of the dialectics of ‘nature’ and ‘nurture’ and related to problems of social reproduction confronting the Russian educated strata in conditions of the empire’s modernization following the 1860s’ Great Reforms of Alexander II. In particular, the chapter examines the turning of vospitanie into a domain of knowledge, looking at the various constructions of a ‘science of upbringing’ (nauka o vospitanii). The latter was expected to be rooted in physiology and psychology, but in practice took on a number of different forms in the period between the 1860s and the 1900s. The core of this chapter focuses on the mobilization of parents from Russia’s educated classes into the scientific study of early child development. The chapter discusses: the construction of the figure of a pseudo-professional ‘mother-educator’ (mat′-vospitatel′nitsa) as a target of expert discourse; the rise of parents’ circles as frameworks for constituting new forms of expertise in child development that targeted the educated classes; the fostering in Russia of parent diaries as a method and genre for studying the earliest stages of child development; and finally, the attempt by the neuropsychiatrist Vladimir Bekhterev in the 1900s–1910s to transpose the study of early childhood from the unreliable hands of ‘subjective’ parents to the ‘objective’ setting of a lab-nursery at his Pedology Institute.
Pedagogy as Science
Authors: Byford Andy 
Published: April 2020

Abstract
While the previous chapter focused on parents and the study of early childhood, this chapter looks at the rise of institutions and practices devoted to the scientific study of the schoolchild population in the imperial era. It analyses how complex interactions between different professional groups—teachers, psychologists, and doctors—shaped new kinds of expertise in school-based child development and socialization. The analysis opens with a discussion of the crisis of the professional identity of Russian teachers who were arguably the most important constituency on which the rise of child science as a movement, in Russia and elsewhere, depended. It then examines efforts (especially those of psychologists Aleksandr Nechaev and Aleksandr Lazurskii) to turn pedagogy into a ‘science’, leading to the creation of novel research setups, especially in the context of teacher training. Of critical importance here was the promotion of new, applied forms of experimental psychology that sought simultaneously to innovate psychology as a science and articulate new scientific underpinnings of pedagogy. This led to the formation of novel disciplinary frameworks, most notably ‘experimental pedagogy’ and ‘pedology’, which were situated, unstably and controversially, across established professional and disciplinary jurisdictions. The chapter ends with an examination of the contemporaneous efforts by medical professionals to impose their own, distinctly medical, models of child science on schools and pedagogy. Of particular interest here is the rise of school hygiene in Russia and the efforts to enhance the expertise and power of the school doctor.
Pedology at Work
Authors: Byford Andy 
Published: April 2020

Abstract
This chapter analyses the evolution of Soviet pedology as a domain of occupational work in the context of the construction of the Soviet education system across the 1920s–1930s. Of particular interest is the role that pedological work played in combating ‘underperformance’ (neuspevaemost′) through the practice of streaming and referrals to special schools of those evaluated as performing below the norm. The chapter traces the origins of this policy in the 1920s, but its focus is on the expansion of the school pedology service under the Commissariat of Enlightenment during the 1930s. The role of this service was to carry out systematic monitoring and streaming of schoolchildren, to give expert advice and support to teachers and school heads. The chapter argues that Soviet pedology had in this last period of its existence, from 1932 to 1936 been reduced to a form of science-based expertise black-boxed into an applied instrument. The chapter concludes with an account of the demise of pedology in the mid-1930s, including the build-up to the notorious Communist Party decree against pedology, published on 4 July 1936, and the process of pedology’s institutional dismantlment and symbolic de-legitimation in the wake of the decree. The chapter argues that what was being abolished and dismantled in 1936 was principally pedology as occupational work rather than science as such.
Civil Wars
Authors: Fiore Alessio 
Published: April 2020

Abstract
Chapter 1 discusses examples and episodes from the ‘civil wars’ in Italy (1080s–1110) which is seen as a more appropriate term than ‘Investitures conflict’. This seems reasonable as whilst it is true that at one level there was an ideological struggle ongoing between papacy and empire, at another level the disintegration of imperially-backed structures of rule in north/central Italy led to savage outbreaks of violence. The situation is imaginatively paralleled with modern ‘failing states’ such as Afghanistan, Libya, and Somalia. However it does not lead to economic collapse; on the contrary the period is marked by strong uninterrupted economic growth. The chapter offers an analysis of the disaggregation of old power systems and geography and the creation of a new polycentered scene which is very important for understanding the background to the rise of both the city communes and rural territorial lordships.
Inside the Lordship
Authors: Fiore Alessio 
Published: April 2020

Abstract
Chapter 4 considers the social makeup of rural village society. It looks into the formation of a class of milites (knights), or second-rank nobility, whose status was enhanced through land and privileges conceded to them by territorial lords in return for service. It also analyses the changing content and role of individuals described as boni homines and visconti. The ability to fight on horseback became the chief distinguishing factor between this group and rustici. The latter group does not disappear or become uniformly subject to lords however. Small proprietors continued to exist, and in some areas, such as Tuscany, to flourish. However, it can be seen a tendency for the lowest level of rural tenant to become merged with servi in the sources; in other words they are declining in status to being merely chattels that can be bought and sold with land.
Collective Powers
Authors: Fiore Alessio 
Published: April 2020

Abstract
It focuses on the interventions of cities in the countryside in the decades either side of 1100 drawing examples primarily from Lombardy, Tuscany, and Lazio. The particular character of the area close to cities (5–10km) which urban authorities sought to control politically, economically and militarily is emphasized. Detailed examples of judicial and fiscal powers exercised by the communes over rural communities both near and far from the city follow. The author points out that although some of the stronger communes such as Milan and Genoa managed to achieve a high degree of control over their territories from the early 1100s, smaller and less powerful centres (for example, Alba and Imola) struggled to do so. Nevertheless, through local consensus, many cities achieved a hegemonic position over extensive tracts of the countryside at the expense of the dynastic families who had previously held sway there. The chapter concludes with a discussion of the role of the (far less numerous) autonomous rural communities such as Isola Comacina, Chiavenna, and Val di Scalve, proposing the novel idea of ‘collective lordships’, a point re-emphasized in the conclusion.
Royal Legitimation and its Crisis
Authors: Fiore Alessio 
Published: April 2020

Abstract
The chapter marks the beginning of the second part of the book, dedicated to the discourses, languages and cultures of power in the territorial lordship. Symbolic and actual power of royal/imperial diplomas and judicial hearings (placita) remained strong in the tenth century. However the latter almost ceased completely by c.1100 and the former had dwindled considerably in number and importance by the time of emperor Lothar III (1133–7). Local actors had found new ways to acquire legitimization for the actions and transactions. This process was characterized not only by a sharp change of social practices but also by a transformation in documentary production.
The Ache of Modernism
Authors: Rasula Jed 
Published: April 2020

Abstract
The “ache of modernism” registered convulsive social transformations of the process of modernity as they crested in the fin de siècle. Early in the twentieth century, artists began embracing the future as provocation to a new artistic reckoning. In the process they rejected inherited protocols of presentation and representation. At the same time, they responded affirmatively to the challenges of new media, particularly cinema. But recursions from the distant past, like the commedia dell’arte, proved equally influential. These combined sources of replenishment from past and future inspired modernists in all the arts to assume an acrobatic attitude, affirming art as athletic prerogative commensurate with such popular enterprises as vaudeville and slapstick comedy in cinema.
Renaissance of the Archaic
Authors: Rasula Jed 
Published: April 2020

Abstract
The wartime scene in New York continues with Finnegans Wake once again setting a precedent, this time for the Abstract Expressionists. It was a moment when they—like the European exiles among them—were exploring the indigenous art of the Americas and the unfathomable scope of the archaic revealed by successive discoveries in Europe of Paleolithic caves, from Altamira to Lascaux. They—along with the European exiles—found these discoveries existentially chastening, inspiring the insistence of poet Charles Olson on the “post-modern” urgency of a post-humanist outlook, recoverable in prehistory. As figuration receded from art, the aura of the symbol was invested in the titles of paintings, which were abuzz with terms like “night” and “archaic.” But a palpable symbol did emerge, not as artifice but as semiotic index in the form of the human hand.
Criminality at Work
Authors: Bogg Alan , Freedland Mark 
Published: April 2020

Abstract
This chapter develops a framework for understanding the lessons of a project of over three years’ duration, and to distil what has been learned in the course of the project. The project was undertaken in the conviction that the area of intersection between criminal law and labour law would be an interesting one to investigate, both for labour lawyers and for criminal lawyers. From this inquiry, the chapter considers some conclusions about the significance of ‘criminality at work’ which are more exact than, and sometimes different to, the text’s initial hypotheses. Thus, this chapter describes a voyage of discovery about the functions of criminal law in the sphere of labour or employment relations. It examines how these functions have shifted and been reconfigured during different historical periods, and how normative theories of the criminal law often diverge from the political uses to which the criminal law has been put by elected governments from time to time.
Workplace Welfare and State Coercion
Authors: Sullivan GR 
Published: April 2020

Abstract
This chapter explores the possibilities and the limits of a social democratic criminal law. It elucidates an important role for the criminal law in the social democratic state. The first is the positive and important role of regulatory criminalization, based upon strict liability, particularly in the spheres of minimum wage enforcement and workplace health and safety. Health and safety might also be protected through a corporate manslaughter offence. The second is the criminalization of modern slavery offences. The third is the potential role for criminal law to prohibit certain forms of occupation that create unacceptable risks to the health and safety of citizens, such as boxing or sex work. Overall, this chapter provides an important counterpoint to social democratic labour law, and it provides a compelling vision of what a legitimate social democratic criminal law might look like.
Where Criminal Law Meets Labour Law
Authors: Barnard Catherine , Butlin Sarah Fraser 
Published: April 2020

Abstract
This chapter provides a detailed examination of the politics of criminalization in four key areas: the enforcement of working time rights by the Health and Safety Executive, the enforcement of National Minimum Wage entitlements by Her Majesty’s Revenue and Customs (HMRC), the enforcement role of the Employment Agencies Standards Inspectorate, and the licensing regime administered by the Gangmasters and Labour Abuse Authority. It examines these diverse regimes through an enforcement lens. The Gangmasters and Labour Abuse Authority regime provides for a system of licensing for ‘gangmasters’ in specific sectors of economic activity. The Employment Agency Standards Inspectorate statutory framework specifies that a failure of employment agencies to comply with the certain specified standards itself constitutes a criminal offence. The National Minimum Wage framework provides for a composite mechanism of civil and criminal enforcement. Finally, the various working time limits in the Working Time Regulations are enforced through criminal offences.
Licensing of Employing Entities and Criminalization
Authors: Davies ACL 
Published: April 2020

Abstract
This chapter examines the role of licensing regimes in the labour field. It focuses in particular on the ‘Gangmasters’ licensing regime, which is operative in the agricultural and food processing industries. This licensing regime is supported by a structure of criminal offences, some of which are very serious and provide for high maximum penalties of ten years’ imprisonment. The chapter notes the difficulties in providing a principled justification for criminalization of licensing requirements, given that non-compliance is only indirectly linked to the commission of serious wrongs against vulnerable workers. However, the chapter shows that this form of regulatory criminalization can be justified in principle. Furthermore, from a regulatory perspective, this chapter identifies some advantages of a licensing regime in promoting compliance with basic labour standards.
Modern Slavery, Domestic Work, and the Criminal Law
Authors: Herring Jonathan 
Published: April 2020

Abstract
This chapter provides a critical account of the political and regulatory consequences of modern slavery discourse. The criminalization of modern slavery frames the regulatory problem around evil wrongdoers, and slaving and trafficking as a manifestation of a (usually foreign) vice perpetrated by organized criminal gangs. This marginalizes the responsibility of states in maintaining labour law and migration regimes that create the structural conditions for exploitation and abuse. The chapter then traces the continuities with domestic abuse and the forms of abuse that are criminalized in the Modern Slavery Act 2015 (MSA). It argues that modern slavery practices cannot be severed from a wider appreciation of patriarchal structures in society.
The Persistence of Criminal Law and Police in Collective Labour Relations
Authors: Bogg Alan , Ewing KD , Moretta Andrew 
Published: April 2020

Abstract
This chapter examines the role of criminal law and police power in regulating and restricting collective labour activities. In so doing, it challenges the dominant view that the historical development of collective labour law involved the progressive withdrawal of criminal law from trade union affairs. The chapter draws upon sociologically and historically based accounts of criminal law to examine the development of collective labour relations across different historical periods. It argues that a wider framing of criminal law interventions, to include discretionary ‘police’ measures, reveals a much more persistent presence for criminal law as a mode of repression and control. This has been most pronounced during periods of ‘emergency’, such as the general strike, wartime, and the miners’ strike during the mid-1980s. More recently, the chapter suggests that there has been a ‘normalization’ of emergency, with the radical trade unionist emerging as a new dangerous status that is the object of covert state surveillance and disciplinary control.
Accessory Liability for National Minimum Wage Violations in the Fissured Workplace
Authors: Bogg Alan , Davies Paul S 
Published: April 2020

Abstract
This chapter examines whether ‘accessory liability’ could provide a way of attributing criminal liability to lead companies in supply chains where those lead companies are not functioning as ‘employers’. For example, company X subcontracts a particular economic activity to company Y, and Y then employs workers to fulfil the requirements of its commercial contract with X. Accessory liability criminalizes those who intentionally assist or encourage the commission of principal offences, thereby extending the web of criminal liability beyond principal parties. This could provide a principled way of responding to enforcement problems in the ‘fissured workplace’. Furthermore, this would be consistent with the requirements of fair labelling and culpability in general criminal law, by avoiding the fictional attribution of ‘employer’ status to entities that are not employing.
Class Crimes
Authors: Tucker Eric , Fudge Judy 
Published: April 2020

Abstract
This chapter compares the historical development and use of criminal law at work in the United Kingdom and in Ontario, Canada. Specifically, it considers the use of the criminal law both in the master and servant regime as an instrument for disciplining the workforce and in factory legislation for protecting workers from unhealthy and unsafe working conditions, including exceedingly long hours work. Master and servant legislation that criminalized servant breaches of contract originated in the United Kingdom where it was widely used in the nineteenth century to discipline industrial workers. These laws were partially replicated in Ontario, where it had shallower roots and was used less aggressively. At the same time as the use of criminal law to enforce master and servant law was contested, legislatures in the United Kingdom and Ontario enacted protective factory acts limiting the length of the working day. However, these factory acts did not treat employer violations crimes; instead, they were treated as lesser ‘regulatory’ offences for which employers were rarely prosecuted.