bluuebunny/crossref_metadata_2025_split huggingface dataset:
1674–1753: Strumpets and Wenches
Authors: Conley Carolyn A. 
Published: October 2020

Abstract
Women in Restoration London were actively involved in public life and often blamed for manipulating men to violence. Other than neonaticide which was punished severely under a draconian Statute of 1624, women were most likely to be accused of killing an unrelated adult male in a public brawl. Women convicted of murdering their husbands were burned at the stake for petty treason, though juries often showed sympathy for women who had lashed out during a violent struggle. Women were also charged with the deaths of servants and, in the early period, bailiffs. Women were very rarely accused of killing their own children other than illegitimate newborns. Cases where the accused had clearly been insane were rarely prosecuted. Women tried for homicide were assumed to have made a rational decision to behave in a wicked manner. Though juries were becoming less likely to convict in neonaticide cases by mid-century, most women were held fully accountable for their actions without regard to gender or circumstances.
Conclusion
Authors: Conley Carolyn A. 
Published: October 2020

Abstract
The outcomes for women tried for homicide as well as the types of homicides they were accused of changed dramatically over the centuries. Overall women grew less likely to be convicted of murder, and those convicted of murder, far less likely to be executed. Women were also more often found insane. But analysis of different categories reveals that changes in the treatment of neonaticides as well as an enormous increase in the rate at which women were prosecuted for killing their own children accounted for the most dramatic changes in verdicts. By the early twentieth century, prosecutions in both categories were beginning to decline as the amount of support increased and unwed mothers were viewed more sympathetically. But increased concern for the survival of children had led to more prosecutions and harsher sentences for caregivers accused in the deaths of their charges. The number of women prosecuted for killing non-related adults fell. Women accused of non-domestic homicides were usually seen as having been unduly influenced by men. The few women who committed murder on their own were viewed as monsters. Spousal homicide was the category in which the prosecution rate showed the least fluctuation. The outcomes for women convicted of killing their husbands changed dramatically but this category seems particularly resistant to outside influence. It seems likely that prosecution rates fluctuated more than actual homicide rates and some of the stereotypes regarding women and lethal violence seem to reflect real differences between men and women as opposed to gender constructs.
Romans, Britons, and the Construction of ‘Anglo-Saxon’ Identity
Authors: Bintley Michael D.J. 
Published: October 2020

Abstract
This chapter argues that early English writing and material culture manipulated and manufactured British and Roman identities in the formation of an ‘Anglo-Saxon’ identity between the eighth and eleventh centuries. Historical and literary works present a narrative in which the British were conquered or pushed to the fringes of society, despite the coexistence of ample evidence for inter-group cooperation and collaboration. At the same time, other cultural productions sought to emphasize the incorporation—and continuation—of various aspects of Romanitas. Interrogating a range of textual and material evidence, this chapter presents an overview of the various approaches to ‘British’ and ‘Roman’ identity that are visible in early English culture. It gives special consideration to one of the most prominent stages on which this negotiation took place: the former towns of Roman Britain.
The Politics of British Antiquity and the Descent from Troy in the Early Stuart Era
Authors: Schwyzer Philip 
Published: October 2020

Abstract
By the early Stuart era, English scholars and statesmen had largely abandoned belief in medieval Welsh traditions regarding the Trojan Brutus and the British empire ruled by his descendants, choosing instead to rely on Classical descriptions of British antiquity. Yet in defiance of this historiographical turn, the themes of Trojan descent and ancient empire enjoyed a remarkable popular renaissance in the first half of the seventeenth century. Despite Geoffrey of Monmouth’s banishment from the realm of serious history, the Descent from Troy was arguably known, accepted, and publicly celebrated by more people in the early Stuart era than at any point in the past. Focusing on texts including Michael Drayton’s topographical epic Poly-Olbion, Anthony Munday’s civic pageant The Triumphes of Reunited Britannia, and the anonymous broadside Troynovant Must Not be Burnt, this chapter explores a range of factors that help account for this late efflorescence of the British History, including James VI and I’s unsuccessful campaign for closer union between England and Scotland, and the local priorities of communities in Wales and London.
Greek Gaels, British Gaels
Authors: Coira M. Pía 
Published: October 2020

Abstract
This chapter explores the use of Classical allusions in early-modern Scottish Gaelic poetry, and the two distinct ways in which they connected with the Scottish Gaels’ understanding of Britishness. Gaelic Scotland and Gaelic Ireland shared the same field of literary reference, with Ireland as the fountainhead. Consequently, Classical reception in Scottish Gaelic literature owed much to Classical reception in Ireland. However, once Scotland became part of the kingdom of Britain, and particularly in the Jacobite period, poets began to deploy new Classical allusions, in which a shift in type and purpose can be detected, designed to address contemporary political circumstances. A sense of Gaelic Britishness, and a specific understanding of what it meant to be British, developed in Gaelic Scotland in the seventeenth century. Classical allusion played a meaningful role in its expression through poetic discourse right up to the aftermath of Culloden, the final Jacobite defeat.
Celts and Romans on Tour
Authors: Constantine Mary-Ann 
Published: October 2020

Abstract
This chapter explores the presence of Romans and Britons in the tour literature of late-eighteenth-century Britain. It argues that the deeply ingrained narratives of Classical authors such as Caesar and Tacitus offered many tourists a framework not only for reading the past in the landscape, but also the present, as the recollection of former conflicts in situ stimulated questions of loyalty and cultural diversity within a recently ‘united’ Britain. An examination of a selection of tourist accounts from the 1770s to the early 1800s shows how certain key texts, notably Thomas Pennant’s Tours of Wales and Scotland, set the historical agenda for many decades, and reveals how the power dynamics of that ancient Classical/Celtic conflict could be usefully re-animated in different contemporary political contexts.
Moderns of the Past, Moderns of the Future
Authors: Currie Arabella 
Published: October 2020

Abstract
This chapter complements the volume’s focus on Celtic–Classical interactions within the notion of Britishness by examining the role of such a dialogue in Ireland’s attempts to extricate itself from the British Empire, and by emphasizing the part that Irish scholars and poets have played in shaping Celtic, Roman, and British identities. It focuses on the Revivalist translator and neurologist, George Sigerson (1836–1925), whose comparative reading of ‘Celtic’ and Latin poetry set out to prove an Irish influence on Latin verse, on the one hand by arguing that Cicero was directly influenced in his poetry by a Celtic druid, and on the other by proving that the author of the first Latin biblical epic of Late Antiquity was Irish. The chapter examines these arguments for the forgotten Celticization of Rome in the light of colonial mimicry, before asking how Sigerson put his theories of the postcolonial power of cross-linguistic influence into practice in his own translation strategy. It concludes by highlighting the lasting implications of Sigerson’s call for a new way of reading texts across languages, attuned to verbal and stylistic echoes and so able to dismantle any strict divide between the Celtic and the Classical.
Alternative Histories
Authors: Burton Philip 
Published: October 2020

Abstract
This chapter suggests that Celts and Celticism are key themes in the legendarium of J.R.R. Tolkien, and furthermore that while his fiction is not ‘Classical reception’ in the conventional sense, our understanding of it is enriched if we read it not simply as a work of fantasy, but as a series of alternative histories, in which relations between various traditional ethnic groups of Europe are imaginatively recreated. It is proposed that various of Tolkien’s fictional peoples may be identified as ‘crypto-Celts’, ‘crypto-Romans’, and ‘crypto-Saxons’, and that he uses these crypto-peoples as means of considering the different ways in which real-world peoples interact. The implications of this for Tolkien’s views on ‘Englishness’ and ‘Britishness’ are considered, and the widespread belief that Tolkien regularly deals with hypostatized ethnic or national groups is challenged. Emphasis is given rather to the importance in his work of contact and mixture between groups, and his implicit critique of Romantic notions of Heimat. Particular attention is also paid to groups or individuals who function as ‘crypto-Roman Catholics’, and their importance for Tolkien’s vision of a re-Catholicized England.
The Civil Procedure Rules Twenty Years On
Authors: Byrne Hill Damien , McIntosh Maura 
Published: October 2020

Abstract
Cost and delay have always been the two great challenges facing the civil justice system. Lord Woolf sought to address these issues with his recommendations, which were largely implemented in the Civil Procedure Rules (CPR) twenty years ago. Lord Justice Jackson again took up the challenge in his Review of Civil Litigation Costs ten years later, leading to further significant reforms. But the reform process is far from over, with the rules on disclosure and witness statements currently in the spotlight. This chapter considers how the CPR and the various reforms have worked in practice from the perspective of the commercial solicitor, and whether more needs to be done to address the challenges.
Discovery
Authors: Coulson Peter 
Published: October 2020

Abstract
This short chapter considers the various reforms to the procedural problem child of disclosure. History shows that disclosure reform is difficult. This is because the basic principle of disclosure, that each side has to disclose everything relevant, even the documents that might show them in a very bad light, is a critical foundation of the Rule of Law. It underpins the whole concept of a fair trial in this country, and it is one of the reasons why England is a centre for international litigation. The key features of the disclosure pilot were fully consulted on and will be properly evaluated. They hold out the potential for better balancing the need for both sides to disclose everything that is relevant, whilst also ensuring that disclosure does not become an exercise that is too expensive and too enormous.
National Security, Closed Material Procedures, and Fair Trials
Authors: Chamberlain Martin 
Published: October 2020

Abstract
This chapter examines the arguments advanced against the extension of closed material procedures (CMPs) prior to the passage of the Justice and Security Act 2013. In the light of experience since the coming into force of that Act, it asks whether and to what extent the arguments against CMPs have been shown to be correct; whether and when CMPs are necessary; and whether and when they are capable of providing the ‘substantial measure of procedural justice’ their proponents promised. Any assessment of the degree to which CMPs give rise to procedural unfairness must be attentive to two factors: first, the degree to which the excluded party will be disadvantaged by being represented by a special advocate, rather than their own lawyer; and secondly, what is the alternative to a CMP. This leads to a mixed picture where CMPs can cause considerable unfairness in some cases, but in others it may be the only the way to effectively challenge a decision by way of judicial review.
A Core Irreducible Minimum? The Operation of the AF (No. 3)
Authors: Hooper Hayley J. 
Published: October 2020

Abstract
The landmark House of Lords ruling in Home Secretary v AF (No. 3) [2009] UKHL 28 imposed a ‘core irreducible minimum’ of disclosure (the AF (No. 3) duty) to suspects challenging a control order in judicial review proceedings which necessitated a closed material procedure (CMP) for national security reasons. This chapter outlines the application and impact of that decision in respect of the many other types of proceedings which require a CMP in national security and related contexts. It argues that the judicial treatment of the duty has been inconsistent, meaning that the enhanced procedural protection offered by the AF (No. 3) duty is often not present when the circumstances faced by the litigant are the most serious.
Reform of Civil Justice
Authors: Goodman Richard 
Published: October 2020

Abstract
This chapter sets out the HMCTS approach to its reform programme that first originated in September 2016, when the then Lord Chief Justice and Lord Chancellor, together with the Senior President of Tribunals, set out their joint vision for a reformed, modernised justice system, one that would combine its ‘respected traditions with the enabling power of technology’. The aim of programme is to develop a digital system of civil justice which is increasingly open to all and progressively easier, and more efficient, to run. The need for reform is beyond doubt. Countless reviews and studies have highlighted significant weaknesses of a system that has long been beset by complex, paper-based processes and crippling costs. Our approach to reform deliberately eschews the risky ‘big bangs’ familiar to many reforms, instead favouring incremental change. It involves testing again and again new digital ways of working with real members of the public to establish what works best. In practice, the reforms mean building new, intuitive ways for the public—and their representatives—to structure, submit, and manage claims online. Early feedback, including from the new Online Civil Money Claims Service, suggests higher levels of engagement with the process and high levels of user satisfaction.
Introduction: wholes-of-parts
Authors: Damhuis Koen 
Published: October 2020

Abstract
Who votes for the radical right and why? In recent years, many studies have been published that try to answer this question. The aim of the introductory chapter is to situate this book in the abundant radical right literature. By doing so, it explains why and how demand-side and supply-side factors need to be taken into account, before arguing why the widespread assumption of electoral homogeneity should be questioned. Drawing on historical and contemporary evidence in the sociological and political science literature, the chapter subsequently introduces the concept of electoral equifinality, that is of key importance for the rest of the study. This section directly leads to the chapter’s final part, in which the research questions and the outline of the book are presented.
Radical right supporters in the social space
Authors: Damhuis Koen 
Published: October 2020

Abstract
This chapter examines the structural sources of heterogeneity among radical right voters. It does so by focusing on three dimensions: whodunnit (social characteristics), whydunnit (political preferences) and howdunnit (the political decision-making process). In order to account for the interrelatedness of socio-structural variables, this part of the study relies on Pierre Bourdieu’s conception of social space. In this two-dimensional framework, the volume of cultural and economic capital constitutes a vertical axis (with high capital volume at the top and low capital volume at the bottom), whereas the horizontal dimension covers the composition of capital (with a dominance of cultural capital on the left side and a dominance of economic capital on the right side of the axis). Based on specific multiple correspondence analyses (MCA), the chapter reports recurring patterns of structural diversity among radical right-wing voters, that are of crucial importance with respect to the findings presented in Chapters 6, 7, and 8.
The Alternatives to a Bite or a Bark: After Launching Article 7 TEU Against the Hungarian Government
Authors: Halmai Gábor 
Published: October 2020

Abstract
On 12 September the European Parliament—for the first time ever—launched Art 7 TEU proceedings against Hungary. The decision was based on a report denouncing various violations of EU values by Viktor Orbán’s government. But triggering Art 7 TEU came too late, and meant also too little, because besides the important political function of naming and shaming Hungary as a violator of EU values, the chances of reaching the corrective arm of the procedure are extremely low. Hence, the chapter argues, instead of Art 7 alternative means from the toolkits of the EU may be more effective. Infringement actions as alternatives have not really worked so far in the case of Hungary, but cutting off EU structural funds for regional development or other forms of assistance as a value conditionality approach has not really been tried as yet.
Constitutional Security in a State of Emergency
Authors: Wyrzykowski Mirosław 
Published: October 2020

Abstract
The countries admitted to the European Union in 2004, in particular (but not only) Hungary and Poland, are places of growing processes of erosion of constitutionalism, the rule of law, democracy, and human rights. Less attention is paid to constitutional security having a material (substance) dimension concerning the essence of the constitution and its fundamental role in the political system, and a procedural dimension, related primarily to the guarantees of preservation and development of the constitutional order of the state. This chapter discusses the dismantling of constitutional security and how this is always a process in which, after exceeding a critical point, the State becomes a failed State.
Reinvigorating Democracy in the European Union
Authors: Búrca Gráinne de 
Published: October 2020

Abstract
This chapter begins with a brief summary of two sets of democratic challenge facing Europe—the original ‘democratic deficit’ of the EU and the more recent growth of populist illiberalism—which have in common the erosion of trust in conventional political institutions and processes. It considers these democratic challenges alongside another contemporary phenomenon, namely the growth of interest in alternative forms of citizen participation, whether deliberative, popular, digital, or other, in various parts of the world. The chapter moves on to examine in more detail a recent experiment with deliberative citizen participation in one EU Member State, namely Ireland’s use of citizens’ assemblies to introduce constitutional and public policy change, and asks whether Ireland’s experience could offer any possible lessons to address some aspects of the EU’s democratic ills.
A Social Theory of Constitutional Imaginaries
Authors: Přibáň Jiří 
Published: October 2020

Abstract
This chapter focuses on the concept of constitutional imaginaries and their classic legitimation semantics of topos-ethnos-nomos. Constitutional imaginaries are considered internal symbolic constructs of self-constituted positive law and politics which make it possible to describe functionally differentiated modern society as one polity and distinguish between legal and political legitimacies and illegitimacies in this polity. They are not limited by the unity of topos-ethnos-nomos and evolve in national as well as supranational and transnational constitutions. In the context of European constitutionalism, general imaginaries of common market, universal rights, and democratic power are thus accompanied by specific imaginaries of European integration through economic performativity, social engineering, legal pluralism, and political mobilization. These imaginaries show that political constitutions include a poietic societal force impossible to contain by autopoietic legal norms and political institutions.
Two Charters and a Pillar
Authors: de Witte Bruno 
Published: October 2020

Abstract
This chapter retraces the post-enlargement trajectory of the protection of fundamental social rights in Europe. The chapter selects three years that signpost this trajectory: 2000, when the EU’s Charter of Fundamental Rights was adopted, with the inclusion of a social rights chapter; 2009, when the Lisbon Treaty seemed to contain a renewed promise of social progress in the Union; and 2017, when the European Union launched a European Pillar of Social Rights, as part of an effort to revitalize the social protection agenda of the European Union after the disappointing post-Lisbon years.
Breaking Down the Meaning of Constitutional Breakdown
Authors: Daly Tom Gerald 
Published: October 2020

Abstract
This chapter argues that Wojciech Sadurski’s work on the deterioration of Polish democracy suggests the Polish context may present a bridge between two key conceptual frameworks: democratic breakdown and democratic decay. In his 2019 book Poland’s Constitutional Breakdown Wojciech employs the term ‘constitutional breakdown’ to describe how the ruling Law and Justice (PiS) party has seriously degraded the democratic constitutional order since 2015. The concept of ‘breakdown’, which has a long pedigree, has fallen out of favour in contemporary literature on the deterioration of democracy worldwide, which rather emphasizes the decline of total breakdown and argues that slower, subtler dismantling of democracy is the dominant threat. This chapter explores the relationship between these frameworks by reflecting on why Wojciech frames the Polish experience as ‘breakdown’ rather than ‘erosion’ or ‘decay’, whether ‘breakdown’ literature offers useful insights beyond ‘democratic decay’ literature, and why Wojciech refers to ‘constitutional’ rather than ‘democratic’ breakdown.
An Enlightened Man
Authors: Issacharoff Samuel 
Published: October 2020

Abstract
Wojciech Sadurski has been the translator, interpreter, and clarion of the post-1989 transformation of Eastern Europe for an attentive public of constitutionalists. This chapter discusses his work, which has chronicled the transition from a concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to a more delicate claim of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. Across his writings, one sees in Sadurski the constant need to redefine the structures of constitutionalism as the source of vulnerability shifts from the individual to the polity.