bluuebunny/crossref_metadata_2025_split huggingface dataset:
English Women and Norman Men
Authors: THOMAS HUGH M. 
Published: January 2010

AbstractWomen of both Norman and English ethnicity and of all social levels played a crucial part in the process of cultural assimilation. Their role in the integration of the public sphere was of course limited by the sexism of the society in which they lived, but to the extent that women acted in that sphere, they could, like their male counterparts, contribute to ethnic rapprochement. Far more important was their part in the integration of families. This chapter focuses on three specific groups: two queens of partially English royal background; English women, particularly aristocratic ones, who married Normans in the first generation or so after the conquest; and native women, mainly from outside the aristocracy, who became mistresses of powerful Norman men in later generations. The factor unifying these three groups is that they were all made up of English women who helped integrate the two peoples more or less independently from family ties within England.
Stereotypes and the Image of the English
Authors: THOMAS HUGH M. 
Published: January 2010

AbstractThis chapter explores the image of the English, with particular emphasis on stereotypes, during the medieval period. It argues that the image of the English was a crucial factor in sustaining the construct of Englishness, and that the positive stereotypes, and even to some degree the negative ones, helped to draw the descendants of the immigrants into an English identity. When medieval travellers encountered other groups, they experienced real differences in the way peoples acted. Stereotypes could play an important role in how people thought about ethnic identity, and in that context need to be considered very carefully. The type of characterisations discussed in this chapter was important in building group identity, in classifying people into groups, and in maintaining boundaries and barriers between peoples. Some of the material considered in this chapter was meant to be humorous, and even the insults could be employed in a bantering way.
History and Identity
Authors: THOMAS HUGH M. 
Published: January 2010

AbstractCultural assimilation was strongly affected by the precise nature of the social interaction between the English and the Normans during the medieval period. Yet one cannot simply mechanically trace the relative contribution of each ethnic group and the shape of the new integrated culture from the numbers of individuals in each people, or even from the numbers of each people in various social groups. Just as personal interaction and constructs of identity affected cultural assimilation, so the melding of the two cultures affected questions of identity and relations between the English and Normans, a point that is no more than common sense. This chapter examines the contribution of culture to ethnic relations and identity and the complexity of relations between culture and identity. Three case studies are discussed, one of which investigates the telling of history after the Norman conquest, showing more ways in which it influenced identity, but also showing the limitations of that influence and how identity shaped history.
The Rise of Historical Economics and Social Reform in Germany 1864-1894
Authors: Grimmer-Solem Erik 
Published: January 2010

Abstract
Social science and social reform flourished in Imperial Germany, and the historical economist Gustav Schmoller made fundamental contributions to both. Despite this, historians have neglected him. Questioning the term ‘German Historical School’ associated with Schmoller, this book reveals the European context of Schmoller's thought and the influence of empiricism, statistics, and advances in the natural sciences on his choice of methods. By exploring the social context in detail, it demonstrates how the nexus of young scholars around Schmoller fundamentally transformed German economics into a tool of social reform which was directly relevant to the many ‘social questions’ raised by rapid industrialization and urbanization in Germany in the 1860s. These reform efforts were novel in that they put forth the idea that inequality and poverty were ills emerging from the division of labour which society had an obligation to remedy. As a result, an awareness of the social implications of individual economic action emerged which proved remarkably useful for the development of social policy. Although the dissemination of this reform message influenced public opinion and put social reform on the political agenda, this book shows that Schmoller and his colleagues remained a beleaguered group, attacked from all political directions. It brings the fissures within German liberalism into sharp relief, revealing the persistence of a potent ideal of classlessness that fundamentally shaped German social policy. The author makes a unique and much-needed contribution to our understanding of the thought and milieu of Gustav Schmoller, the origins of social reform, and the development of the social sciences in Germany. The resulting volume addresses central questions in the historiography of the German Empire.
The Mode of Production
Authors: GRIMMER-SOLEM ERIK 
Published: January 2010

Abstract
This chapter presents an empirical reconstruction of German economics as a university discipline during the era in question, and the place in this of historical economics. It investigates the university and non-university institutions, academic culture, professional bodies, publishers, monographs, and journals that enabled their scholarly output. It also evaluates the influence of Schmoller and his colleagues on this mode of production and the dynamics of change over time.
Conclusion
Authors: GRIMMER-SOLEM ERIK 
Published: January 2010

Abstract
This chapter presents some concluding thoughts from the author. It reflects upon the implications of the findings of this book for the place of Schmoller and his colleagues in the history of economic and social thought. It shows that the historical economists were practical idealists who believed that economics addressed questions bigger than satisfying the wants of commodity-trading individuals; it was a policy science concerned with the sources of national prosperity, a science of progress that unavoidably contained an applied ethical component.
Lecture One— The Pragmatic Method
Authors: COLEMAN JULES L. 
Published: January 2010

Abstract
This chapter discusses the basic elements of the pragmatic method. The method can be characterized in terms of five basic characteristics. These are (1) a commitment to semantic non-atomism; (2) the view that the content of the concepts is to be explicated in terms of their inferential role in the practices in which they figure (practical inferential role semantics); (3) the view that sometimes a philosophical explanation of a practice takes the form of showing how certain principles are embodied in it (explanation by embodiment); (4) the view that the way in which a concept figures in one practice influences its proper application in all others, and that, in this sense, practices are to be viewed holistically; and (5) a commitment to the in-principle revisability of all beliefs, categories, of thought, etc.
Lecture Eight— Inclusive Legal Positivism
Authors: COLEMAN JULES L. 
Published: January 2010

Abstract
This chapter considers the differences between inclusive and exclusive legal positivism, and distinguishes the chapter’s version of inclusive legal positivism from other accounts. It argues that other inclusive legal positivists have not always grasped, as well as they might, just what it is about the chapter’s thesis that is objectionable from the exclusive legal positivist point of view.
The Regionalist Movement in France 1890-1914
Authors: Wright Julian 
Published: January 2010

Abstract
This is the first full academic study of the political thought of the French regionalist movement in the Belle Époque. The book examines the private papers of Jean Charles-Brun, founder of the Fédération Régionaliste Française and rethinks the conceptual basis of regionalism through his intellectual biography, showing that it penetrated the political debates of the period as a commonplace in Republican arguments about state reform in France. Despite the often made association of regionalism with the right, the book reveals the diversity of political views expressed and demonstrates that the connection to left-wing federalism was emphatically present in the intellectual background. Interwoven with this discussion is an examination of the personal mission of Charles-Brun, who saw himself as a reconciler, using his regionalism within a mission to heal the divisions of French politics and society. He argued that France's political instability stemmed from an obsession with reforms that followed a priori political models, and that politicians who sought to rethink the shape of the Republic needed to attend to the cultural or economic realities expressed in France's regions. Charles-Brun and his regionalist movement continue to have resonance in current debates about decentralisation in France.
The Occultation of Regionalism in French History
Authors: WRIGHT JULIAN 
Published: January 2010

Abstract
This book provides the conceptual framework for a rediscovery of regionalism in France. The occultation of regionalism persists today despite its reappearance in some academic fields. Where regionalism has reemerged as a subject worthy of study, two developments in particular have helped to shed light on it. The revival of ethnology in the late 1970s had a strong influence, inclining contemporary students of folklore to take greater account of their predecessors in the Belle Époque. The second development that has drawn new attention to Belle Époque regionalism has been the success of cultural history, and in particular one of its central paradigms, the ‘construction of identity’. This book looks at the occultation of regionalism in French history and the history of the French political thought, the political ideas of Jean Charles-Brun and the role of Fédération Régionaliste Française (FRF) which he founded in 1900, the link between regionalism and the right, and the association between regionalist movement and political eclecticism.
Art and Catholicism
Authors: WRIGHT JULIAN 
Published: January 2010

Abstract
The study of Belle Époque regionalism in France has shown how the praxis of the regionalists came to underpin and indeed dominate their thinking. More fundamental still, however, was Jean Charles-Brun's belief in reconciliation. Many of the most prominent characteristics of the regionalist movement, led by Charles-Brun and the Fédération Régionaliste Française, may be traced not only to the Felibrige but also to a wide range of other associations. This chapter deals with Charles-Brun's intellectual and political concerns by looking at his Catholicism and the link between regionalism and Christian democracy. The major themes of Charles-Brun's literary and artistic criticism, the importance of local images and techniques in art, and the power of popular art, were closely linked to his belief that the Church had to form a new relationship with the people.
Spain
Authors: Reydams Luc 
Published: January 2010

Abstract
This chapter discusses universal jurisdiction in Spain. The chapter is organized as follows. Section A presents a tour d’horizon of the ambit of the country’s criminal law. It then considers the standing victims in criminal proceedings and the application of the principles of double criminality, lex mitior, and ne bis in idem. Section B deals with cases of universal jurisdiction or with judicial decisions in which the issue was raised. Section C concludes with a brief summary of the chapter.
Delineation of Jurisdictional Overlaps: Theory and Practice
Authors: SHANY YUVAL 
Published: January 2010

Abstract
This chapter discusses the potential for jurisdictional overlap between judicial and quasi-judicial bodies belonging to different categories of courts and tribunals, and between bodies belonging to the same category. It highlights the infrequent occasions where direct or indirect conflict of jurisdictions has actually taken place. Finally, the chapter assesses the probabilities for the occurrence of future jurisdictional conflicts in the light of anticipated trends in the work of competing international courts and tribunals.
Jurisdictional Competition in View of the Systematic Nature of International Courts and Tribunals
Authors: SHANY YUVAL 
Published: January 2010

Abstract
This chapter examines the systematic nature of international law and the structural relations between international courts and tribunals. It situates the relations between international courts and tribunals on a continuum between a full-fledged judicial system (comparable to a national judicial system) and a non-system (comparable to the relations between different national legal systems), and identifies the legal regime which should regulate jurisdictional competition between international judicial bodies.
Competition-Regulating Norms found in Instruments Governing the Jurisdiction of International Courts and Tribunals
Authors: SHANY YUVAL 
Published: January 2010

Abstract
This chapter examines the existing rules governing jurisdictional competition between different international courts and tribunals. It explores both the strengths and weaknesses of current norms, and suggests a legal construction corresponding to the level of cross-institutional coordination and harmonization regime that should apply at the international level.
Women on Top: Livia and Andromache
Authors: Barchiesi Alessandro 
Published: January 2010

Abstract
This chapter sees both the Leges Iuliae and the Ars Amatoria as creative attempts to redraw the boundaries for different groups of women. Focussing on two named individuals – the historical ‘first lady’ Livia and the mythological Andromache – it demonstrates the ways in which these two women at one time represent polar opposites (the ideal wife and the concubine respectively), and at another appear to occupy a ‘middle ground’ between the two poles. The instability of female categorisation in the Ars is, in turn, a (playful) commentary on the negotiation of gender roles in the Augustan age.
Introduction
Authors: ERTESCHIK-SHIR NOMI , RAPOPORT TOVA 
Published: January 2010

Abstract
How much of variations in verbal meaning, aspectual (Aktionsart) interpretation, and thematic information are actually contributed by the syntactic structure itself? And if all this information can be derived in the syntax, what is the role of the lexical representation of the verb? The editors' aim in this volume is the construction of a theory of the lexicon–syntax connection that will address these questions. Approaches to this issue can be roughly divided into two: the ‘lexicon-driven’ and the ‘syntax-driven’. In the former, all of a verb's meanings are listed in the lexicon, from which the various syntactic frames are projected. Differences in both structure and interpretation are attributed to differences in meaning, or lexical representation, of a verb or verbs. In the latter, the syntax-driven approach, much of a verb's meaning is derived from the syntactic structure in which it is projected. Differences in interpretation, whether related to aspectual classification or to argument number and type, are attributable to differences in the structural representation itself. The editors' conclusion is that this structure, whether lexical or syntactic, whether projected by the verb root or by functional or overt morphology, can indeed yield all and more of the information which was once considered to be in the domain of the lexicon. And yet the lexicon's role is still seen to be crucial: the determination of the lexical entry that will account for (in)compatibility with syntactic structure is a vital part of any research into the syntax of aspect.
How Do Verbs Get Their Names? Denominal verbs, Manner Incorporation, and the Ontology of Verb Roots in English
Authors: HARLEY HEIDI 
Published: January 2010

Abstract
This chapter presents evidence showing that denominal verbs in English, of both the location/locatum and the unergative variety, are ‘measured-out’ by the incorporated nominal Root. This strongly supports the l-syntactic approach of Hale and Keyser (1993), since it shows parallel semantic effects of identical structures in overt syntax and l-syntax, and suggests that English Roots of denominal verbs have inherent semantic properties – in particular, ‘boundedness’ – which determine the effects they produce when they are Incremental Themes. The analysis presented is not obviously compatible with a functional-projection approach to Aktionsart like those of van Hout (2000), Borer (1996), or Ramchand (2001).
The Essence of Restitution
Authors: Virgo Graham 
Published: January 2010

Abstract
The law of restitution is concerned with the award of a generic group of remedies which arise by operation of law and which have one common function, namely, to deprive the defendant of a gain rather than to compensate the claimant for loss suffered. These are called the restitutionary remedies. Because there is a group of remedies having a common function of depriving defendants of gains, it can be assumed that there is an independent body of law which can be called the law of restitution. To understand what these remedies are, how they operate, and when they are available requires examination of a complex body of law. This book identifies and analyses the principles which underlie the principles and rules forming the law of restitution. Concepts such as unjust enrichment, vindication of property rights, restitutionary claims, implied contract theory, and rescission are explored.
Themes and Controversies
Authors: Virgo Graham 
Published: January 2010

Abstract
This chapter identifies the key principles and policies which affect the operation and structure of the law of restitution. These principles and policies affect the whole of the law of restitution, but their application will vary depending on the fundamental principle on which the restitutionary claim is founded. The chapter also looks at some of the issues about which there is particular controversy, whose resolution is decisive for the future development of the subject. The relevance of fault is discussed, along with circumstances where the fault of either party is relevant, officiousness and voluntariness, the principle of sanctity of contract, the nature of the relationship between the parties and its relevance to unjust enrichment claims as well as to the identification of fiduciary relationships, the principle against fictions, the role of public policy, the relationship between law and equity, and rules versus discretion.
Mistake
Authors: Virgo Graham 
Published: January 2010

Abstract
A claim to recover money mistakenly paid by the claimant to the defendant is often regarded as the paradigm example of a restitutionary claim founded on the principle of unjust enrichment. Mistake as a ground of restitution is complex for two reasons. First, the law remains unclear about what is the appropriate test for determining when a mistake can operate to vitiate the claimant's intention to benefit the defendant. Secondly, even where it is possible to show that the claimant's intention was vitiated by the mistake, it does not necessarily follow that restitutionary relief should be available. This chapter discusses the key policies which determine when a mistake should ground a restitutionary claim (security of transactions, risk allocation, concoction of claims, and relative conduct of the parties), restitution of benefits transferred by mistake, relief from transactions entered into under mistake, misrepresentation, non-disclosure, and reform of the law.
Restitution from Public Authorities
Authors: Virgo Graham 
Published: January 2010

Abstract
This chapter is concerned with the application of the grounds of restitution and principles in one particular context, namely, where a restitutionary claim is brought against public authorities. There is a public law dimension to such a claim which always requires careful consideration. Indeed, there is growing evidence that a distinct ground of restitution exists to establish a restitutionary claim in unjust enrichment against a public authority and only this ground of restitution is available for such claims. The chapter discusses constitutional considerations and establishment of unjust enrichment as reasons why public authorities should be treated differently from other defendants, the grounds of restitution (including mistake, duress, extortion by colour of office, and total failure of consideration), and recommendation of the Law Commission as to the right to restitution and the special defences.
Incapacity
Authors: Virgo Graham 
Published: January 2010

Abstract
Incapacity can operate as a ground of restitution in its own right, in that it enables the claimant who is incapacitated to secure restitution where the incapacity arises from mental disorder, minority, or institutional incapacity. In each of these cases, there is a strong policy of protection to ensure that the person who is incapacitated does not suffer from entering into foolish transactions. This chapter examines whether the defendant's incapacity in some way can operate as a defence to defeat a restitutionary claim regardless of the nature of that claim. It discusses restitutionary claims founded on the reversal of unjust enrichment, restitutionary claims founded on wrongdoing such as tort and equitable wrongdoing, restitutionary claims founded on the vindication of property rights, mental incapacity, institutional incapacity, and whether a defence of incapacity should be recognised.
Introduction: From the Contract of Employment to the Personal Employment Contract—Expansion and Restatement
Authors: FREEDLAND FBA MARK R. 
Published: January 2010

Abstract
This introductory chapter describes the scope of the book and the method of analysis used. It identifies the differences between the present volume and the original work. It also considers the changes in employment law in recent years, including the relationship between the common law of the contract of employment and statutory employment law.
Formation and Internal Structure
Authors: FREEDLAND FBA MARK R. 
Published: January 2010

Abstract
This chapter considers when or in what conditions the law will recognize that a personal employment contract has been validly made and has come into existence, and also what internal structure the law accords to personal employment contracts. Topics discussed include the role or function of the conditions of formation, contractual intention and the formation of personal employment contracts, legality and the informal economy, restraint of trade and economic freedom in the formation of personal employment contracts, the two-level structure of personal employment contracts, and contractual continuity of employment.
Performance and Breach
Authors: FREEDLAND FBA MARK R. 
Published: January 2010

Abstract
This chapter focuses on the argument that distinctions between entire and divisible contracts, and between performance of work and readiness and willingness to work, provide a rather unsatisfactory set of techniques for the analysis and development of the relationship between performance, breach, and entitlement to remuneration and benefits in the modern practice of employment relations. It considers the shortcomings of those techniques with special reference to the area of entitlement to remuneration during absence due to sickness, and during periods when partial industrial action can be taken. It sketches an outline, based on recent case law, of an application of the proposed general principle of fair management and performance to the construction of the relationship between performance, remuneration, and benefits.