bluuebunny/crossref_metadata_2025_split huggingface dataset:
Law Making
Authors: Baker John 
Published: June 2019

AbstractThis chapter examines the history of case-law, legislation, and equity, with particular reference to legal change. The common law was evidenced by judicial precedent, but single decisions were not binding until the nineteenth century. It was also rooted in professional understanding, the ‘common learning’ acquired in the inns of court. It was based on ‘reason’, operating within a rigid procedural framework. Legal change could be effected by fictions, equity, and legislation, but (except during the Interregnum) there was little systematic reform before the nineteenth century. Legislation was external to the common law, but it had to be interpreted by common-law judges and so there was a symbiotic relationship between statute-law and case-law. Codification has sometimes been proposed, but with limited effect.
Real Property
Authors: Baker John 
Published: June 2019

AbstractThis chapter gives an account of uses, and is inserted here because it was their association with the avoidance of feudal revenues which resulted in the principal property legislation. Uses began as factual situations in which land was held for the benefit of another. They grew in popularity as enabling land to be left by will. The common law took no notice of such extra-feudal arrangements, but by the fifteenth century the Chancery had assumed jurisdiction over uses as a matter of conscience. A statute of 1484 attached legal consequences to the use, so that it became an estate in land. Uses incidentally enabled landowners to avoid feudal incidents, and this was tackled by the Statute of Uses 1536, which put an end to wills of land, and the Statute of Wills 1540, which revived them. These statutes are explained in the context of preserving the king’s feudal incidents.
Contract
Authors: Baker John 
Published: June 2019

Abstract
This chapter explores some lines of development in contract law after 1600. First there were questions flowing from the decision in Slade’s Case – the pleading formulae known as the ‘common counts’ in indebitatus assumpsit were quickly settled and the perjury problems after the disuse of wager of law were dealt with in the Statute of Frauds 1677. Attempts to rationalize consideration in the eighteenth century were unsuccessful save that it became distinct from the requirement of an intention to be bound. The chapter traces the history of privity of contract and of the various attempts to give remedies to third-party beneficiaries. It then discusses the implication of terms into contracts, the difference between conditions and warranties, exclusion clauses, and the problems occasioned by standard-form contracts.
Property in Chattels Personal
Authors: Baker John 
Published: June 2019

Abstract
This chapter considers the history of the law governing movable chattels, which was different from the law of real property and of chattels real (such as leases of land). The basic principles changed little over time. The chapter explores the ways in which property in movables could originate, the modes of transfer, the ways in which property could cease, and how far future interests could be created in chattels. The remainder of the chapter deals with the remedies to protect chattels, beginning with detinue and its defects. Actions on the case lay from the fourteenth century for damaging goods. The action on the case called trover and conversion, which rested on a fictitious loss and finding, came from the sixteenth century to be the usual action for misappropriating goods. Though in form an action in tort, it gradually became a proprietary action.
Negligence
Authors: Baker John 
Published: June 2019

Abstract
This chapter traces the history of negligence in tort. The role of fault in the action of trespass vi et armis is somewhat speculative, since the relevant facts were hidden from courts by the plea of Not Guilty. But the concept of inevitable accident seems to be predicated on negligence. Negligence is more visible in actions on the case, though the earliest examples were contractual in essence. The first signs of a distinct tort of negligence, where there was no contract or custom imposing liability, appear in the seventeenth century, and in the next century there emerges a general principle that everyone must take reasonable care not to injure his neighbour. The duty of care was gradually enlarged between the eighteenth century and the present, especially with the removal of obstacles connected with the principle volenti non fit injuria and with the old notion that trespass would not lie for words.
Defamation
Authors: Baker John 
Published: June 2019

AbstractThis chapter addresses the history of the tort of defamation. Although early slander actions are found in manorial courts, the common law at first regarded defamation as beyond its purview and as more appropriate for ecclesiastical courts. But ecclesiastical courts could not deal with accusations of temporal crime or award damages. Soon after 1500 actions on the case were brought for damages caused by injury to reputation, not only by accusations of crime but also by accusations affecting a profession or calling. After some qualms, they could also be brought for spiritual matters, such as unchastity, provided temporal damage was shown. The actions proved embarrassingly popular, and the courts devised ways of deterring plaintiffs, in particular the artificial construction of words in the mildest possible sense (in mitiori sensu). The distinction between libel and slander is explained. Finally, there are observations on libel in printed publications.
Economic Torts and Interests
Authors: Baker John 
Published: June 2019

AbstractThis chapter is concerned with the history of a miscellany of wrongs best described as economic torts, and with related concepts. These involve various forms of interference (other than defamation) with a person’s trade or employment or with his other personal and contractual relationships. The areas focused on are monopolies, including patents for inventions, copyright, and the development of intellectual property, deceptive competition, inducing a breach of contract, interference with domestic relations (including per quod servicium amisit and criminal conversation), and interference with labour relations by means of intimidation and conspiracy. A recurrent theme is the extent to which motive, such as furthering an economic interest, may justify injuring another’s economic position, a matter which came to a head with the Trade Disputes Act 1906.
Persons
Authors: Baker John 
Published: June 2019

Abstract
This chapter is devoted to the history of the law of marriage. The formation of marriage was for many centuries a matter for the Church and its law. In medieval times marriage was held to be a sacrament and indissoluble. Divorce a vinculo matrimonii meant a decree of nullity, not dissolution. Divorce a mensa et thoro, or judicial separation, was available on grounds of misconduct, but the parties were not free to remarry. Bastardy, the status of children born outside marriage, was also for the canon law. The second part of the chapter goes into the common law of coverture, the status of married women, and the slow progress towards giving wives the right to own property and make contracts. It ends with the piecemeal reforms of divorce law, following the establishment of a secular divorce court in 1857.
Pleas of the Crown
Authors: Baker John 
Published: June 2019

Abstract
This chapter examines how principles of substantive criminal law emerged, given that the mechanisms which brought about the development of civil law were absent in criminal cases until modern times. Lectures in the inns of court were significant, supplemented from Tudor times by treatise writers and by occasional discussions among the judges in Serjeants’ Inn. Some general principles of liability evolved from medieval times in relation to mens rea, particularly the capacity of infants and the insane, the liability of accessories, and the position of those involved as principals in common enterprises. The second part traces in outline the history of treason, murder, chance medley, manslaughter, burglary and larceny.
Conclusion
Authors: Schouten Gina 
Published: June 2019

Abstract
This chapter addresses a worry about the version of political liberalism that the book defends as consistent with gender egalitarianism: the worry that this political liberalism appears to give up a lot of what political liberals have taken themselves to be after. The conclusion defends my gloss on political liberalism, arguing that it preserves what political liberals should be most committed to preserving: the possibility of justificatory community as a way of expressing mutual civic respect in a profoundly, but reasonably, ideologically divided society. I conclude, finally, by confessing my own most persistent reservation about the argument I defend: that although the argument for gender egalitarian interventions that I give is consistent with the criterion or reciprocity, it might be too complicated to actually be offered in public political deliberation.
Introduction
Authors: Schouten Gina 
Published: June 2019

Abstract
This chapter introduces the tension between liberalism and feminism. I begin by explaining how the ideal of gender equal sharing of caregiving and paid labor remains elusive. I then introduce the concept of liberal legitimacy, the ideal of mutual respect that it aspires to realize, and the neutrality constraint that systematizes that aspiration. One goal of the Introduction is to help readers begin to feel the pull of the guiding question: How can controversial progressive exercises of political power that aim to further a controversial progressive ideal of gender justice be made consistent with the liberal ideal of mutual respect? A second goal is to set the stage for the answer I will try to defend. I provide a brief outline of the rest of the book, define key terms, and explain my use of Rawls’s theory of political liberalism.
The Goths and Gothic
Authors: Miller D. Gary 
Published: June 2019

AbstractDespite many defenses of the traditional account, there is no secure evidence for a Scandinavian origin of the Goths, no runic evidence, and linguistic parallels between Gothic and Old Norse are inconclusive. In their continual encounters with the Romans, the Goths experienced considerable language contact. Not only are there many borrowings from Latin, but many Greek words in Gothic have their Latin form and there are layers of borrowings from Greek as well. The entire Gothic corpus contains a little over 70,000 words preserved in some fifteen documents. Many mysteries surround the Gothic translation of the Bible, traditionally ascribed to Wulfila. Evidence for multiple translators is presented from lexical, morphological, and syntactic localization, as well as the range from fully idiomatic to marginally acceptable to ungrammatical constructions.
Alphabet and phonology
Authors: Miller D. Gary 
Published: June 2019

AbstractIt is generally accepted that Wulfila invented the Gothic alphabet, but there is no agreement on the details. The most explanatory derivation is from Greek with input from Latin and runic. The consonant system has 20 phonemes (one marginal) and five or six allophones. Apart from final obstruent-resonant strings, clusters canonically obey the Sonority Hierarchy. The vowel system has twelve phonemes (seven long, five short), less the diphthongs; some speakers may have had /y/. The main changes that left reflexes in Gothic are discussed. These include Verner’s Law, Thurneysen’s Law, breaking, Sievers’ Law, duple timing and (Verschärfung). Evidence from spelling variation suggests a vowel shift in progress. All but one of the original diphthongs may have been monophthongized. New diphthongs were created.
The nominal system
Authors: Miller D. Gary 
Published: June 2019

AbstractNouns are inflected for gender (masculine, feminine, neuter), number (singular and plural), and case: nominative, accusative, genitive, dative. Except in -u- stems, the vocative has the form of the accusative and/or is syncretized with the nominative. Demonstratives and pronominals have a residual instrumental, e.g. þe (by this), and ablative, e.g. jáinþro (from there). Adjectives are similarly inflected but also have strong and weak forms. Comparatives and nonpast participles are weak. The precise syntactic status of D-words (demonstratives, determiners, and articles) is impossible to test. Personal pronouns of the first and second person are inflected for singular, plural, and dual, and have no gender distinction. The third person pronoun has all three genders but only singular and plural number. Interrogative and indefinite pronouns are morphologically identical. Gothic has a rich negative polarity system. Numerals are partly inflected and partly indeclinable. Deictic adverbs belong to an old local case system.
P-Words
Authors: Miller D. Gary 
Published: June 2019

AbstractP-words encompass prepositions, particles, and prefixes. The cases associated with each preposition (P) are determined partly lexically and partly syntactically. Because of the dative-instrumental-ablative-locative syncretism, most Ps in Gothic are accompanied by the dative. Prefixation is the primary means of altering the meaning or (lexical) aspect of Gothic verbs and deriving new verbs. Most verbs can take prefixes of some sort. Strings of preverbs in the unmarked case are ordered source &gt; goal &gt; place. In main clauses, verbs allow particle stranding of the outermost of two particles, but in subordinate clauses and infinitives, all verbal particles must undergo adjunction. Preposition incorporation is frequent but productive only with miþ (with). Potential instances of preverb gapping are not unequivocal.
Gothic texts
Authors: Miller D. Gary 
Published: June 2019

AbstractA brief discussion with notes and relevant vocabulary is provided for twelve text selections. The four passages from Matthew include the Lord’s Prayer, which is artistically arranged in recitation groups by manuscript punctuation. Parts of the Parable of the Sower and the Seed are presented from Mark for the discussion of constituent structure in Ch. 11. Important for their non-Biblical content are the landsale deed from Arezzo and the debt-settlement deed from Naples. A short segment from Skeireins illustrates yet another kind of text. Finally, the excerpts from the Bologna fragment are important for their free composition (non-translated) portions.
The Existential Conception of Culture
Authors: Huddleston Andrew 
Published: June 2019

Abstract
Chapter 1 considers the idea of culture, as described in The Birth of Tragedy and beyond, where it is understood in terms of its existential functional role. A culture, in this sense, is a worldview seeking to provide people with a form of spiritual sustenance. The most important unifying thread in Nietzsche’s discussion is that this sort of culture serves as a way for human beings to cope with existence. Although the terms in which Nietzsche thinks about these cultures change, basically the same picture continues into his later work. What these various forms of culture (Apolline, Dionysiac, tragic, Socratic) did for the ancient Greeks, he sees Christianity and its offshoots as doing for most people in the Western world. It provides them with a series of reassuring narratives and ways of viewing things that lend meaning and intelligibility to their lives.
The Great Individual in Culture
Authors: Huddleston Andrew 
Published: June 2019

Abstract
Chapter 4 explores the question of how individuals and great cultures interrelate. There can indeed be great individuals without great cultures surrounding them. But even when this happens, the great individuals and their cultural surroundings (however lackluster or degraded) remain interestingly interdependent. Likewise, even when the surrounding culture is, by Nietzsche’s lights, problematically unhealthy, great individuals can still potentially profit from its influence. In its long history, Christianity, and its attendant morality, have been as much a benefit as a curse by Nietzsche’s reckoning. Indeed, given the way Nietzsche understands great individuals, as those able to make do handily with what they are faced with and become stronger, there is reason to doubt how serious such a threat from a noxious surrounding culture could actually prove.
Nietzsche’s Meta-Axiology
Authors: Huddleston Andrew 
Published: June 2019

Abstract
Chapter 7 considers the status of the underlying values by which Nietzsche celebrates the flourishing of culture and rates certain kinds of lives highly. Does he regard this simply as his idiosyncratic preference, or does he take it to stand on a more secure foundation? The interpretation offered cuts against the grain of much of the best recent scholarship on Nietzsche, which sees him as doubtful that any values, including his own, might have privileged standing. For this reason, the approach taken in this chapter is primarily negative in character: it tries to undermine the basis for thinking that Nietzsche pulls the rug out from under his perfectionistic value commitments. The arguments for blanket value skepticism that have been attributed to Nietzsche, arguments that would undermine the pretensions of any values to enjoy meta-axiological privilege, are simply not anchored in decisive textual evidence.
Censorship and Sacred Drama
Authors: Schramm Jan-Melissa 
Published: June 2019

Abstract
The programme of entertainment on offer on the English public stage at the dawn of the nineteenth century was notably secular. The cumulative effect of Tudor injunctions, early modern legislation, and Protestant taste had been to banish the representation of scriptural subjects from the stage. This regulatory framework was underpinned by anti-theatrical anxieties and prejudices popularized and seemingly confirmed by the Reformation, which continued to be felt into the nineteenth century. Indeed, the enactment of the Catholic Relief Act in 1829 and the subsequent return of Catholicism to a position of public and artistic prominence at mid-century seems to have enhanced Victorian concern about the potentially deleterious effects of Catholic materialism and visual art. The composition and regulation of sacred drama serve as a test case, then, to probe and expose nineteenth-century anxieties about the form in which apprehensions of God could legitimately be expressed.
Introduction
Authors: Schramm Jan-Melissa 
Published: June 2019

Abstract
Sacred theatrical performance has always attracted the strong scrutiny of the state. Consequently, one focus of this study is the relationship between sacred aesthetics and the law: what practices are considered in need of legal protection (or proscription), and how does that agenda change over time? But another is the way in which tradition (in this case, the long history of sacred drama in England) is constantly contested and revised, involving a profound interrogation of the extent to which the inheritances of the past shape the present or indeed the present predetermines our reading of the past. The Introduction alerts the reader to both these dynamics—the persistence of certain forms in the face of state censorship, and the ways in which that very narrative of continuity must be subject to critical scrutiny.
China’s Development Finance and African Infrastructure Development
Authors: Gu Jing , Carey Richard 
Published: June 2019

Abstract
With its policy banks, China has become the largest source of official development finance in the world. This chapter examines the factors behind the significant increase in China’s ‘market share’ in African infrastructure development, and the issues and opportunities this presents for wider development cooperation in infrastructure sectors across Africa. The study addresses four questions: (i) Why has China been so competitive in this domain over the last two decades? (ii) How do China’s concepts, institutions, and policies differ from those of established sources of official development finance? (iii) What is the impact on development concepts, vocabulary, and practice at the level of the G20 and the multilateral development banks? and (iv) What is the impact on infrastructure development cooperation and finance in Africa? The study argues that Chinese entrepreneurialism in development finance has stirred up the established development finance system, generating constructive new rivalries alongside new cooperative learning opportunities.
The Political Economy of China’s Investment in Nigeria
Authors: Adunbi Omolade , Stein Howard 
Published: June 2019

Abstract
Nigeria’s transition to civil rule in 1999 and the eventual consolidation of a liberalized economy by successive administrations have resulted in the signing of several business deals with the Chinese government and Chinese enterprises. A key agreement was the establishment of two Chinese constructed and operated special economic zones in Lagos and Ogun States as part of a plan to create zones in five countries under the auspices of the Forum on China–Africa Cooperation (FOCAC). The hope was that zones would attract Chinese manufacturing businesses and help Nigeria diversify the economy away from oil dependency. This chapter will investigate the relationship between China and Nigeria in general with a focus on textile production and trade and the nature of the zones in particular to assess if China’s growing presence in Nigeria is in the image of Prometheus or Leviathan.
Agreements and Dispute Settlement in China–Africa Economic Ties
Authors: Kidane Won L. 
Published: June 2019

Abstract
Unencumbered by a history of an intrinsically hierarchical relationship, contemporary China–Africa economic ties appear to have the benefit of being on balance politically horizontal, economically reciprocal, and systemically transactional. A corpus of credible evidence now demonstrates that overall the economic ties of the last couple of decades in the areas of trade, investment, and other types of commercial relations have been remarkably successful. The trajectories also appear optimistic. Beginning from ancient times, political boundaries notwithstanding, commercial relations have always been ordered by law. The existing post-colonial modern world order is, however, largely formalistic and moderately harmonized. It expects formal rules and institutions for the ordering of economic affairs of the scale and complexity represented by China’s contemporary relations with Africa. This chapter identifies and critically appraises China–Africa’s use of agreements to order their economic relations, and the mechanisms of dispute settlement that these agreements envision.
Labour Regimes and Workplace Encounters between China and Africa
Authors: Oya Carlos 
Published: June 2019

Abstract
This chapter explores labour outcomes and dynamics for Chinese FDI and infrastructure contractors through their encounters with workers, states, and labour institutions in Africa. The chapter critically assesses the most popular claims about job creation and working conditions in Chinese firms in Africa and offers an alternative and more empirically nuanced view of the employment realities and dynamics in construction and industrial Chinese firms across Africa. The chapter questions claims of ‘Chinese exceptionalism’ in labour relations, and proposes a labour regime analysis to grasp the power of global capitalist forces, national political economy, and micro-level workplace processes to better understand labour relations in China as well as in Africa, in the sectors where Chinese firms are particularly present. This framework is deployed to illustrate the variation, diversity, and changes in labour regimes in China and among Chinese firms in Africa, and the key factors that drive such variations.