bluuebunny/crossref_metadata_2025_split huggingface dataset:
Crimes, kickers and transaction structures
Authors: Coleman Jules L. 
Published: January 2010

Abstract
This chapter asks why it is necessary to have a criminal law at all — a question philosophers of law have largely ignored. Critics are quick to dismiss forms of strict liability as morally objectionable, as departures from the requirements of justice that are justifiable only in certain narrowly defined areas of law in which strict liability has strikingly positive effects on reducing the level of harmful activity. The prevailing view suggests that strict liability is normally indefensible because justice prohibits us from penalising people who cause harm through no fault of their own. The chapter presents a contrary view.
Rationality and cooperation
Authors: Coleman Jules L. 
Published: January 2010

Abstract
This chapter articulates the building blocks of the market paradigm and develops their implications for moral, political, and legal theory. It argues that commitment to the individual rationality condition entails that the norms constitutive of a justified political morality must by justifiable to each agent given his or her interests. This theory of justification is, in an important and prevalent sense of the term, liberal. This form of liberalism suggests a methodology of hypothetical contractarianism as a way of deriving the substantive demands of a justifiable political morality. If the problem of rational choice is modeled as the problem of agreeing to a contract, rationality requires first the resolution of the defection problem.
Calculus and contexts
Authors: Coleman Jules L. 
Published: January 2010

Abstract
In many circumstances, endogenous resources are inadequate to the task and rational parties will seek transaction resources exogenous to the structure and environment of their interaction. This chapter suggests that we think of the body of contract law in this way, as exogenous resources upon which agents can draw to reduce uncertainty and aid cooperation, division, and defection (breach), corresponding to the three axes that define the transaction resource space.
Fault and strict liability
Authors: Coleman Jules L. 
Published: January 2010

Abstract
This chapter shows that fault liability based in the injurer's negligence is not ordinarily defeasible by an excuse. In that sense, both fault and strict liability in torts are forms of strict liability. Strict liability in torts differs from fault liability in that an injurer can defeat liability neither by excuse nor justification. Fault liability is really the rule that victims are strictly liable for their losses unless the injurer is at fault. Strict (injurer) liability is really the rule that injurers are strictly liable for the losses their conduct occasions unless the victim is at fault. Thus, fault and strict liability are mirror-images of one another.
The economic analysis of torts
Authors: Coleman Jules L. 
Published: January 2010

Abstract
Chapter 11 argues that all liability rules have an element of strict liability at their core. If this argument is correct, there may be no defense of the fault principle that is not also a defense of strict liability. If strict liability is not a matter of morality, then neither is fault liability. If the only defense of strict liability is an economic one, then the only defense of fault liability is an economic one as well. This chapter summarizes aspects of the economic analysis of tort liability. It argues that only an account of tort liability rooted in considerations of economic efficiency can ground both fault and strict liability.
Wrongfulness
Authors: Coleman Jules L. 
Published: January 2010

Abstract
There are two essential components in the concept of corrective justice: wrongfulness and responsibility. Only wrongful losses fall within the ambit of corrective justice. Responsibility for them grounds the agent-relative duty to repair. The principle of corrective justice requires a theory of wrongfulness and a theory of responsibility. This chapter develops the relevant conception of wrongfulness and outlines the relevant theory of responsibility.
Liberalism revisited
Authors: Coleman Jules L. 
Published: January 2010

Abstract
This chapter attempts to bring together the strands of liberalism discussed in the preceding chapters. The book argues that tort law imposes liability to reflect a judgement regarding preexisting claims litigating parties press against one another. These claims depend on facts about the relationship between parties, in particular, that the party held liable is responsible for having created the victim's wrongful loss. It is no part of the victim's case that the injurer is a better risk reducer or spreader; or, if it is part of her case, it is secondary to the background looking considerations just mentioned.
Religious Expression
Authors: AHDAR REX , LEIGH IAN 
Published: January 2010

Abstract
Although religious speech is treated legally as a liberty, in proselytising religions (Christianity especially) bearing witness to one’s faith — speaking about it to others — is a religious duty, rather than a matter of choice. This chapter argues for equal protection of anti-religious speech and for religious speech generally. There are two situations where religious liberty could be said to conflict with free speech: the case of anti-religious speech and the position of dissenters within religious organisations. In the latter, the underlying issue is whether a religious organisation in a liberal state needs to internalise and mirror that society’s values, including free speech. This chapter argues that it need not where to do so would destroy another important value: freedom of association.
Herodotus’ Conception of Historical Space and the Beginnings of Universal History
Authors: Alonso-núñez Josémiguel 
Published: January 2010

AbstractThis chapter deals with the first category in the work of Herodotus, i.e., space. Space must be understood in an empirical sense, not in a theoretical one. As part of his task of travel and enquiry, Herodotus visited the Persian empire. After referring to the geographic ideas and conceptions of the world that Herodotus found, the chapter shows how he contributed to and unconsciously helped historiography to evolve, thanks to his travels and observations. In this way, he laid down the foundations of universal historiography, which were afterwards developed by Polybius when he tried to explain the rise of Rome to world power.
Cleisthenes (of Athens) and Corinth
Authors: Salmon John 
Published: January 2010

AbstractThis chapter discusses what Cleisthenes' tribal system in Attica owed to Corinth. Stroud's hypothesis that the eight Corinthian tribes each had one component from the city, within and beyond the Isthmus, is extended and defended against other suggestions. Attic tribes, each with a trittys from city, coast, and inland, are very similar. Differences and similarities are explored to illuminate Cleisthenes' motives. The Corinthian pattern enabled him to separate Athenian aristocrats from their traditional support and yet to bring benefits to Alcmeonids; the deme, however, has central importance for Cleisthenes but no Corinthian counterpart. Cleisthenes cannot have made his trittyes equal: the 50 councilors from each tribe cannot come in equal numbers from three trittyes. Cleisthenes may have learned Corinthian details in the city itself, in exile on Cleomenes' instructions; but he did not understand the democratic potential, unrealised at Corinth, of what he borrowed.
The Common Oracle of the Milesians and the Argives (Hdt. 6. 19 and 77)
Authors: Piérart Marcel 
Published: January 2010

AbstractWhen Herodotus collected it, after 450, the common oracle was circulating in Greece in an environment hostile to Cleomenes, very likely at Argos itself. If, in conformity with Homeric usage, one sees in the ‘Argives’ the Greeks in general, this oracle, violently hostile to Miletus, would at an earlier time have been aimed only at the Milesians themselves, whose suicidal behaviour it stigmatizes. J. B. Bury dated it to the campaign of Aristagoras in Greece. If an oracle had been given at that time, it must have had a rather different form. The text that we know must be more recent. It can scarcely predate the defeat of the Greek fleet at Lade and probably follows rather than precedes the fall of Miletus. The strong emotion that accompanied that news in Greece and the growing menace that the Persians were going to bring down upon her in the following years served to create a climate propitious for the spread of oracles and prophecies that fuelled thoughts and comments. This chapter defends the hypothesis of a single oracle bearing upon a single theme. This is not without consequence for the factual history of Argos. The date of Cleomenes' attack, placed by Pausanias at the beginning of his reign, has been lowered to c.494 because of the synchronism imposed by the oracle. Wells has already shown that, apart from the common oracle, nothing in Herodotus' account tells against an earlier date. His arguments are not all of the same value, but certain amongst them continue to deserve the most serious attention.
Herodotus and the ‘Resurrection’
Authors: Gould John 
Published: January 2010

AbstractIn 1925, Aldous Huxley in his book Along the Road wrote an essay in the course of which he asserted that the ‘best picture’ in the world was Piero della Francesca's ‘Resurrection’, a mural which was in Piero's birthplace, Borgo San Sepolcro, and is still there. In 1944, as the Allies advanced northwards and the Germans retreated before them, the ‘Resurrection’ came perilously close to not surviving, within minutes indeed of destruction by British artillery. That it did survive is due to the fact that the commanding officer of the battery which had been ordered to shell the German troops still holding on to Borgo San Sepolcro had read Aldous Huxley's essay and remembered it as the order to open fire came through to him: the ‘best picture’ in the world was to be his target. He hesitated and did not give the order to open fire in the hope that the German troops might at the last moment resume their retreat and evacuate the town. This chapter considers what we are to make of the painting's survival.
Herodotos and Athens
Authors: Fowler Robert 
Published: January 2010

AbstractThis chapter discusses the workings of oral history in Herodotus' text, and the implications for its interpretation as a document of the late 430s BC. Echoes of the contemporary political environment are explored particularly in the accounts of Hippokleides' unsuccessful suit, the expulsion of the Athenian tyrants, and the beginning of the Ionian Revolt. Although oral history effectively creates rather than mirrors the record of the past, thus preventing reconstruction of this past in traditional ways by modern historians, the loss is outweighed by better understanding of the text as an historical record of its own day, and by better methods of identifying received record and oral deformation.
Prologue
Authors: TAGGART MICHAEL 
Published: January 2010

Abstract
This book tells the story of a water dispute in Bradford, England, in the late 19th century. The dispute was finally resolved by the House of Lords in 1895, and the case — The Mayor, Aldermen and Burgesses of the Borough of Bradford v Pickles (1895) AC 587 — has become a ‘leading’ one. It is important in legal terms for establishing that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others or the public interest. This is accepted by many as a bedrock principle of the common law, and, like bedrock, is often invisible and taken for granted. Both the litigation, which pit Edward Pickles as the property owner against the town of Bradford and its water supply, and its doctrinal significance are explored.
Property and Statutory Interpretation
Authors: TAGGART MICHAEL 
Published: January 2010

Abstract
The case pitting Edward Pickles against Bradford over water supply was a case about statutory interpretation. The Corporation took its stand against Pickles on the statute first, seeking an injunction in respect of the alleged breach of statutory duty by Pickles. The case illustrates the potency of the common law principle that whenever possible, statutes will be interpreted by the courts to protect the property interests of individuals. This chapter considers the structure and content of the Bradford Waterworks Act 1842 and its successors in order to place the key provision (section 49) in context. The differing approaches of the judges to the interpretation of section 49 are then summarised, and some comments are presented regarding what the litigation illustrates about statutory interpretation and the common law mindset.
Malice and the Law of Torts
Authors: TAGGART MICHAEL 
Published: January 2010

Abstract
For a 20-year period spanning the turn of the 20th century, the place of malice in the law of torts was a matter of considerable legal interest. For England, the debate began with the pioneering work of Sir Frederick Pollock on The Law of Torts, first published in 1887. For the American side, the first shot was fired in the Harvard Law Review by Oliver Wendell Holmes Jr., the doyen of American lawyers. The American law, however, was less settled than Pollock led his readers to believe. This chapter also discusses economic torts and nuisance.
Epilogue: Pickles and the Public/Private Law Divide
Authors: TAGGART MICHAEL 
Published: January 2010

Abstract
The dispute between Edward Pickles and Bradford over water supply has major implications for the public law-private law divide. It has become fashionable to describe the concept of property as a ‘bundle of sticks’. One of those sticks, and arguably the most important, is the right of the owner to exclude others from his or her land. This right entails the exclusion or ejection of anyone for any reason good or bad — or for no reason at all, without warning and without any obligation to explain why or to otherwise act fairly. This chapter discusses property rights, the private law paradigm, and the public dimension of private property.
The Knowledge Base of Standards
Authors: Furüsten Staffan 
Published: January 2010

Abstract
This chapter examines how the content of standards is formed and discusses the knowledge base of standards, using the International Organization for Standardization's (ISO) 9000 series of quality standards as an empirical example. The ISO 9000 standards have influenced many other standards related to quality and the management of organizations. This standard is described in more detail and the assumptions about organizations from which the standard was developed are considered. The standard is then compared, first with scholarly thinking on how organizations function, and then with the popular management culture.
Arenas as Standardizes
Authors: Sahlin-Andersson Kerstin 
Published: January 2010

Abstract
This chapter describes how an international organization set up as a forum for the discussion of public administration issues ended up being an active standardizer. Numerous organizations provide standards even if this is not their official or main purpose. Examples are organizations whose task is to be arenas; they produce and provide information and comparisons, report and propose initiatives for change, and generally facilitate exchange of experience, ideas, and ideals. One such organization is PUMA, a committee of the Organization for Economic Cooperation and Development (OECD) that serves as an arena where representatives of OECD countries can learn and share their ideas and experience concerning the development of public management. This chapter shows how PUMA emerged as an organization and explains how it developed into a standardizer. The character of the standards created by PUMA is described and explained.
3 Network Structures in Germany and Britain
Authors: WINDOLF PAUL 
Published: January 2010

Abstract
This chapter presents a detailed comparative analysis of firms and network structures in Germany and Great Britain. It focuses on the degree of ownership concentration, the different types of owners, and the differences in the configuration of corporate networks, as well as competition and cooperation in the network. The concept of network configuration is explained, and national networks are compared in terms of ownership concentration and the overlap of capital networks and interlocking directorates. The overlap of interlocks and ownership and the mutual reinforcement of bureaucratic power (management) and power conveyed by ownership characterize the specific control structure of German capitalism.
Phonetics and Philology
Authors: 9780191514531  , Stuart-Smith Jane 
Published: January 2010

Abstract
This book presents a treatment of a long-standing problem of Proto–Indo–European and Italic philology: the development of the Proto–Indo–European voiced aspirates in the ancient languages of Italy. In so doing it tackles a central issue of historical linguistics: the plausibility of explanations for sound change. The book argues that the problem can be resolved by combining a traditional philological investigation with experimental phonetics. Philological methods enable the presentation of the first integrated account of the evidence for the Italic languages, with detailed discussion of languages other than Latin. Theory and methods from experimental phonetics are then adopted to offer a new explanation for how the sound change might have taken place. At the same time, phonetic methods also confirm the traditional reconstruction of voiced aspirates for Proto–Indo–European. Thus the book offers a case-study of the successful application of synchronic theory and method to a problem of diachrony.
Philology: The Evidence for the Italic Development
Authors: STUART-SMITH JANE 
Published: January 2010

Abstract
The Italic reflexes are found in those words whose root/stem/ending can be shown to continue a Proto–Indo–European (PIE) voiced aspirate. This chapter presents a detailed summary of the evidence for Italic reflexes, in particular for those languages other than Latin. After a brief introduction to each language and its writing systems, the orthographic reflexes of the PIE voiced aspirates are determined from a brief statement of lexical evidence. These are then assigned sound values based on careful consideration of orthographic, phonological, and phonetic evidence.
The Traditional Arguments Reviewed
Authors: STUART-SMITH JANE 
Published: January 2010

Abstract
This chapter presents a critical discussion of traditional arguments, starting with those based on evidence referring to factors connected to the Italic languages themselves, and then moving on to those based on more general linguistic considerations. The arguments are further grouped together according to the criteria on which they are based. The chapter contends that traditional arguments are inconclusive and recourse to alternative criteria is advised.
Phonetics, Predictions, Parallels
Authors: STUART-SMITH JANE 
Published: January 2010

Abstract
This chapter presents an independent method of assessing how we might expect voiced aspirates to change. The principles of a phonetic model of sound change are applied to the case in question: the phonetic characteristics of voiced aspirates realized as breathy voiced stops are examined, and a number of predictions for change are made. It is shown that Ohala's model of sound change is a reliable and constrained predictor of possible sound change; the traditional reconstruction of the Proto–Indo–European (PIE) voiced aspirates as breathy voiced stops is phonetically the most plausible option; and that there now exists a body of reliable and independent information — phonetically-predicted changes supported by parallel developments — against which the routes for the Italic development may be assessed.
The Needs of the City
Authors: Barron Caroline M. 
Published: January 2010

Abstract
This chapter examines the privileges and support which the citizens of London sought from the Crown in the period 1200-1500. In particular, the Londoners were anxious to secure self-government, namely their right to elect their own mayors and sheriffs. They also sought royal confirmation of economic and judicial privileges for the citizens, and the support of the Crown in the limitation of the ecclesiastical rights of sanctuary within the City. Most of these royal privileges were expressed in a series of charters granted to the citizens.
Overseas Trade
Authors: Barron Caroline M. 
Published: January 2010

Abstract
The chapter examines the changing patterns in the overseas trade of London between 1200 and 1500. The overseas merchants included the Gascons who brought wine, the Spaniards and Portuguese who brought leather; the Hanse merchants from the Baltic who imported fish, timber, furs, wax and iron; and the Italians who brought spices and luxury goods from the Mediterranean. The impact of Royal ambitions abroad on the patterns of London's trade is explored, and the rise and fall of the export of wool and the contingent rise of English cloth exports is charted and demonstrated with graphs. By the end of the period, it is argued that London had secured a virtual monopoly of England's overseas trade.
The City Courts
Authors: Barron Caroline M. 
Published: January 2010

Abstract
This chapter examines in detail the various courts or assemblies where the business of governing the city was undertaken. The courts ranged from meetings of householders in the twenty-four wards, to the Folkmoot assembly of all citizens and the court of Husting where property disputes were heard. The development of the work of the Court of Aldermen and the Court of Common Council as the City's main deliberative (and representative) assemblies is also analysed.
The Annually Elected Officials: Mayor and Sheriffs
Authors: Barron Caroline M. 
Published: January 2010

Abstract
The most important officers in medieval London were the mayor and the two sheriffs who were elected every year. This chapter examines how these offices emerged and how their control was wrested by the Londoners from the Crown. The duties of these important officials, their households, and the judicial courts over which they presided are also examined. The particular responsibility of the sheriffs for London's prisons (Newgate and Ludgate) is discussed and an attempt made to assess the impartiality and effectiveness of these elected officers.
The Capacity of Private Law
Authors: Collins Hugh 
Published: January 2010

Abstract
This chapter explores the implications of analyzing private law as a regulatory technique. It analyzes the special strength of private law regulation of contracts compared to other styles of regulation in terms of its ‘reflexive’ capacity. It then examines the structural weakness of private law as a regulatory instrument. The chapter focuses on detecting how these weaknesses in the capacity of private law can be overcome, and how private law itself is evolving mechanisms that enable it to address these weaknesses.
Rationality of Contractual Behaviour
Authors: Collins Hugh 
Published: January 2010

Abstract
Contractual behaviour appears to be rife with actions that appear to run contrary to rational self-interested action. This chapter begins by explaining how this kind of behaviour can be interpreted as rational action. Following an analysis of the rationality of contractual behavior in terms of competition between communication systems, the chapter examines the significance of the phenomenon that participants in markets appear to attach little weight to formal contractual relations. The chapter concludes by considering the implications for legal regulation of the complicated picture of competing rational standards of contractual behaviour.