bluuebunny/crossref_metadata_2025_split huggingface dataset:
Ideology, Prejudice, and Assimilation
Authors: THOMAS HUGH M. 
Published: January 2010

AbstractThis chapter discusses attitudes towards ethnicity and cultural assimilation in medieval England following its conquest by Normandy, arguing that there was a loose bias towards ethnic concord and assimilation. There were also several ideological factors that indirectly supported the trend toward amity and unification. None of these attitudes were strongly held, and the effects of some ideologies were limited precisely because they were indirect. Equally important, however, there was also no ideology of ethnic purity or exclusion, despite the strong pre-conquest identities of both Normans and English. Yet there can be no doubt that the Norman kings and the invaders practised what is known as discrimination along ethnic lines in their restructuring of the secular elites and in their ecclesiastical appointments. This chapter examines the roots of this obvious and established prejudice and how it can be reconciled with the apparent swiftness and ease of assimilation.
The Aristocracy
Authors: THOMAS HUGH M. 
Published: January 2010

AbstractIn Anglo-Norman society, the landed aristocracy channelled a disproportionate amount of influence to the great rural landholders, who possessed extensive military, economic, and political power. As a result, it is important to study relations between the new immigrant nobles and surviving English nobles and rising families of native descent. To what degree did English aristocrats assimilate and absorb Norman ones? To what extent were native aristocrats responsible for the survival and triumph of English identity? This chapter focuses on patrilineal native lineages that survived the Norman conquest or rose into the aristocracy afterwards. As is well known, the Normans destroyed most of the old aristocracy, but the potential influence of even a greatly weakened native aristocracy on ethnic relations may be seen by a comparison with medieval Wales, a society that never experienced the level of assimilation found in England after the conquest. There were many reasons for the difference, but some important ones are to be found at the aristocratic level.
Royal Government, England, and Englishness
Authors: THOMAS HUGH M. 
Published: January 2010

AbstractThe English government, simply by its very existence, helped to maintain and propagate the constructs of England and Englishness, and played a role in the adoption of a new ethnic identity by the political elites. A number of scholars have argued that government was a factor in the unification of English and Normans after the conquest. But how and why did the royal government strengthen the ideas of England and Englishness? This chapter explores the royal government's influence on constructs of place and identity after the Norman conquest and discusses some of the mechanics of how it worked. First, the chapter looks at the scholarly debate over whether one can speak of an Anglo-Norman Regnum in which England and Normandy essentially formed a single political entity.
The Image of the Other
Authors: THOMAS HUGH M. 
Published: January 2010

AbstractThis chapter discusses the ways in which the image of other peoples helped to strengthen English identity and eliminate the boundaries between natives and immigrants. Anthropologists have often stressed that ethnic identity is relational, i.e. that it is defined partly in contrast to other groups, and Fredrik Barth in particular has argued that peoples define themselves through what makes them different from other groups. What the inhabitants of England thought about other peoples helped to shape how they thought about themselves. It also helped to create a sense of unity that overcame earlier divisions. In the decades after the conquest, the English and Normans probably contrasted themselves mainly with each other. But as time went on comparison with other peoples made the conquerors and the conquered seem more alike. Exposure to other groups helped to make clear what the two peoples had in common from the beginning and, as cultural assimilation proceeded, underscored their growing cultural unity.
High Culture, Religious Culture, and Ethnicity
Authors: THOMAS HUGH M. 
Published: January 2010

AbstractCastles and cathedrals are important heritage sites in England and Britain, with the Tower of London, the origins of which date to William the Conqueror's attempts to secure the Norman conquest, as a prime example. In general, past cultural achievements are celebrated as important sources for national identity. At the same time, the continuing production of high culture is considered important to national pride. This chapter examines whether cultural achievements played a similar role in English or Norman pride and identity after the Norman conquest. First, it provides a brief and necessarily oversimplified account of the cultural interaction between English and Normans in several important cultural arenas. The Anglo-Norman period was a crucial one not only for the emergence of high culture, but also of religious culture.
Language, Literature, and Ethnic Identity
Authors: THOMAS HUGH M. 
Published: January 2010

AbstractFor many 19th- and 20th-century theorists and activists, language was crucial to nationalism. Scholars suggest that the linguistic effects of the Norman conquest constituted an important though temporary blow to English identity, and that survival of English was important for survival of Englishness. This chapter argues that whatever connection there was between the English language and English identity, it was fairly weak. The discernible influence of Old English literature after the middle of the 12th century is also negligible. However, it contends that bilingualism was also very important in facilitating the process of cultural assimilation. In particular, England fairly quickly developed into a bilingual society, at least in towns, the aristocracy, and perhaps among the middling sort.
The Social Question and the Challenge to Economic Orthodoxy
Authors: GRIMMER-SOLEM ERIK 
Published: January 2010

Abstract
This chapter defines and traces the social question and its salient attributes for Schmoller and his colleagues by relating it to the rapid processes of social and economic change in Prussia during the 1860s and 1870s. It also traces the rise and spread of contemporaneous social thought and the simultaneous demise of classical economics between about 1850 and 1870.
The New Economics and the Public,1872–1880
Authors: GRIMMER-SOLEM ERIK 
Published: January 2010

Abstract
This chapter evaluates the involvement of Schmoller and his colleagues in the rise of an organized social reform movement. It analyzes the dynamics that gave rise to Verein für Sozialpolitk, the place of historical economists in this organization, what disputes and controversies this sparked, and how Schmoller and his colleagues responded to these challenges.
Lecture Six— Guidance and Compliance
Authors: COLEMAN JULES L. 
Published: January 2010

Abstract
This chapter distinguishes between two different but related issues pertaining to the nature of legal authority. The first concerns the existence conditions of law and thus the possibility conditions of legal authority: how is legal governance possible? The second concerns the nature or kind of governance law purports to provide. It then addresses a third set of questions, one that concerns the conditions, if any, under which the reasons of law purports to create are moral reasons.
Lecture Seven— The Conventionality Thesis
Authors: COLEMAN JULES L. 
Published: January 2010

Abstract
This chapter defends the conventionality thesis — the claim that legal authority is made possible by a specific set of conventional social practice. It begins by considering the widely misunderstood relationship between the rule of recognition and the social practice of officials. It then argues that contrary to the views of many positivists, the rule of recognition purports to be, and can be, a duty-imposing rule. The chapter concludes by considering the objection that to explain the existence conditions of legal authority in terms of a rule of recognition whose existence condition depends on the behaviour of ‘officials’ is, in the end, to explain law in terms of law.
Lecture Nine— Authority and Reason
Authors: COLEMAN JULES L. 
Published: January 2010

Abstract
This chapter considers what Joseph Raz in particular finds objectionable in legal positivism. Raz believes that law’s claim to legitimate authority could only be true if it is possible to identify legal norms that their content by appealing to social source alone. It is argued that even if Raz is right about law’s conceptually necessary claim to authority, the sources thesis as a legal theory of validity does not follow from it. The chapter grants all of Raz’s claims about legal authority, but denies that they have all of the implications he claims they do.
Lecture Ten— Practical Difference
Authors: COLEMAN JULES L. 
Published: January 2010

Abstract
Recently, Scott Shapiro has characterized legal normativity in more general terms, propounding what has come to be called the ‘practical difference thesis’. Shapiro has argued that the practical difference thesis is incompatible with inclusive legal positivism. Thus, he aims to vindicate a conclusion similar to Raz’s, but doing so based on weaker premises. This chapter lays out Shapiro’s argument and explains why various responses to him have failed. It then presents a general argument against both Shapiro and Raz to the effect that even if it is true of law that it must make a practical difference, or that it must be the sort of thing that could be a legitimate authority, it does not follow that the same must be true of each and every law.
Lecture Twelve— Normativity and Naturalism
Authors: COLEMAN JULES L. 
Published: January 2010

Abstract
This chapter addresses the full range of arguments designed to show that the philosophical investigation of law and of the concepts that figure in it must be an activity of moral or political philosophy. The standard formulations of the debate between so-called descriptive and normative jurisprudence are considered misleading and unhelpful. The task of finding a satisfactory formulation of the dispute occupies much of the chapter; a good deal of the rest is devoted to resolving the dispute.
Waiting for the Omelet to Set: Match-Specific Assets and Minority Oppression in Close Corporations
Authors: ROCK EDWARD B. , WACHTER MICHAEL L. 
Published: January 2010

Abstract
This chapter focuses on the persistent features of the close corporation that serve to protect participants from the misconduct by fellow participants. It shows that where there is an intensity of match-specific assets in which all participants invest, the close corporation is best served by rules that lock-in the majority and minority participants by giving them a limited right to dissociate. This view is more in line with the experiences of high-tech start ups where a rule against opportunistic exit serves to protect the initial investments of human and physical capital made by the participants in the development stage.
Transatlantic Perspectives on Partnership Law: Risk and Instability
Authors: DeMOTT DEBORAH A. 
Published: January 2010

Abstract
This chapter shows that the general architectural features of partnership law in the US and England involves a basic design choice and are in turn offset by various statutory provisions. There are a number of doctrinal and statutory provisions in the the Uniform Partnership Act (UPA) and Revised Uniform Partnership Act's (RUPA) that serve to mitigate the risk of wrongful dissolution and dissociation. However, these mitigating elements are far from efficient, and most agree that parties should be permitted to create a binding agreement that accurately reflects the benefit of the partnership.
Limited Liability Partnerships in the United Kingdom: Do They Have a Role for Small Firms?
Authors: FREEDMAN JUDITH 
Published: January 2010

Abstract
This chapter examines the emergence of a new legal form, the limited liability partnership (LLP), in the UK. Section 10.2 briefly considers the needs of small businesses in relation to the legal structure and outlines the arguments against the notion that the LLP will be an important new vehicle for ordinary small businesses. Section 10.3 examines the pressures that led to the introduction of the LLP in the UK, while Section 10.4 evaluates the characteristics of the resulting legal vehicle. Section 10.5 argues that this new legal vehicle is not the result of an evolutionary and competitive process that has produced an efficient result, but rather is the outcome of a political reaction to pressures, which has brought forth a strange legal vehicle of restricted value for small firms.
Limited Liability Partnerships and Partnership Law Reform in the United Kingdom
Authors: MORSE GEOFFREY 
Published: January 2010

Abstract
This chapter evaluates recent proposals of the Law Commission's joint consultation paper on Partnership Reform in the United States. It begins by considering the development and introduction of the limited liability partnership (LLP) and whether it will provide effective limited liability for the professions. It then looks at three general themes in the proposals of the Law Commission's joint consultation paper on partnership law reform: (1) the introduction of automatic and continuing legal personality; (2) the continuation of the association after a change in partners; and (3) the remodeling of dissolution and winding up. The chapter examines some of the specific areas for reform, distinguishing between those that are acceptable as they stand and those that may require further consideration. It then considers two important areas for reform that are not addressed by the Law Commission: (1) the problem of agency and the undisclosed principal; and (2) partnership liability for breaches of express and constructive trusts.
‘Drawing Near the Fastness?’:The Failed US Experiment in Unincorporated Business Entity Reform
Authors: VESTAL ALLAN WALKER 
Published: January 2010

Abstract
This chapter focuses on the accomplishments of the decade-long reform of unincorporated law. It identifies three essential features involved in the US experience. It argues that norm entrepreneurs proceeded without a coherent, underlying theory to guide their experimentation. They acted because it was in their power to do so and not because of any consensus-based justifications.
Pitfalls in Partnership Law Reform: Some US Experience
Authors: WEIDNER DONALD J. 
Published: January 2010

Abstract
This chapter examines the major pitfalls in partnership law reform based on the Revised Uniform Partnership Act's (RUPA) experience. It identifies two major pitfalls: a failure to learn from history and a failure to state clear, concise, and coherent principles. The best way to avoid these pitfalls is by properly harnessing available expertise and political support.
The Reform Agenda for Partnerships and Closely Held Companies in the Netherlands and the European Union
Authors: RAAIJMAKERS THEO 
Published: January 2010

Abstract
This chapter offers a critical account of the partnership law reform agenda in the Netherlands, noting that Dutch lawmakers have failed to embrace adequately a modern approach to partnerships. Section 15.2 discusses the importance of the single-person firm. Section 15.3 focuses on the importance of partnership law and asks whether the limited liability partnership form should be extended to non-professional small firms. Section 15.4 provides a survey of the reform of closely held businesses form while Section 15.5 concludes.
Charles-Brun and the Félibrige: Mistral or Louis-Xavier de Ricard?
Authors: WRIGHT JULIAN 
Published: January 2010

Abstract
Belle Époque regionalism in France has been misunderstood. As Jean Charles-Brun envisaged it, regionalism was an attempt to bridge the divide between romantic literary movements and modern theories of the state. There was thus a dichotomy in regionalism between the mystique of the cultural regionalist and the politique of those whose attention was focused on problems of state reform. This dichotomy had been equally present in the Félibrige, the southern literary association where Charles-Brun had begun his own journalistic career. In fact, any analysis of the prehistory of the Fédération Régionaliste Française (FRF) must be based on an understanding of the debate within the Félibrige between those who pursued exclusively the cultural renaissance of southern France and the avant-garde, the (often younger) félibres who attempted to make the movement take account of the political consequences of this renaissance. Both Charles-Brun and Louis-Xavier de Ricard shared common intellectual ground with the federalism of Maurice Barres and Charles Maurras, but their own understanding of federalism differed on certain fundamental points.
Conclusion Regionalism and the History of French Political Thought
Authors: WRIGHT JULIAN 
Published: January 2010

Abstract
This book has explored the history of regionalism and political thought in France by focusing on the intellectual biography of Jean Charles-Brun. By shifting between discussions of the idea of regionalism and Fédération Régionaliste Française, the movement led by Charles-Brun, regionalism has appeared tangible, worthy of the historian's attention. Regionalism is not merely a sub-theme in the history of Belle Époque ideas, a prop or piece of stage furniture which enlivens or adds ‘depth’ to the picture of Third Republic politics and culture. Looking at the characters that made up the movement, their praxis and aims, has shown regionalism as an active player in the arena of political discussion. It marched about the stage, establishing relationships and provoking reactions. It was a fascinating ‘personality’ in Third Republic political debates. Indeed, regionalism could claim success in having made an impact on debates about the Republic and the nature of a state under democracy as well as contemporary discussions about decentralisation.
Universal Jurisdiction
Authors: Reydams Luc 
Published: January 2010

Abstract
After centuries of near dormancy, the concept of ‘universal jurisdiction’ has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile criminal trials. Among the legal questions raised by the exercise of universal jurisdiction, this book considers two. Under what conditions is a country investigating or prosecuting a foreigner for an extraterritorial offence internationally competent? What is the basis in municipal law for the exercise of universal jurisdiction? The book first identifies the international legal issues that arise when a State exercises extraterritorial jurisdiction generally, discerns the different doctrinal concepts of universal jurisdiction, and traces universal jurisdiction in current international texts such as multilateral conventions, resolutions of intergovernmental bodies, and official drafts and studies. The book then brings together, and makes accessible in English, detailed accounts of universal jurisdiction in fourteen countries: Australia, Austria, Belgium, Canada, Denmark, France, Germany, Israel, the Netherlands, Senegal, Spain, Switzerland, the United Kingdom, and the United States. The municipal laws are placed in the larger context of a country’s views on criminal jurisdiction generally and the case discussions pay detailed attention to the factual and legal context of each case. This approach provides the reasons why the individual was brought to justice in a third country.
Doctrine
Authors: Reydams Luc 
Published: January 2010

Abstract
This chapter presents the principal scholarly views on universal jurisdiction, including drafts, reports, and resolutions of international learned bodies and conferences. The universality principle encompasses three different concepts: (1) the secondary or subsidiary jurisdiction of the custodial State over all serious offences if extradition of the suspect is impracticable; (2) the jurisdiction, whether primary or subsidiary, of the custodial State over international offences only; and (3) the primary right of any State to try international offences without regard to the offender’s whereabouts.
International texts
Authors: Reydams Luc 
Published: January 2010

Abstract
This chapter examines universal jurisdiction in international texts. It distinguishes between multilateral conventions, resolutions from intergovernmental bodies, and official drafts and studies. Besides searching for provisions on universal jurisdiction in multilateral conventions and for indications of an opinio juris among States in non-legally binding international texts, the chapter lays further groundwork for the discussion of municipal legislation and case-law.
Australia
Authors: Reydams Luc 
Published: January 2010

Abstract
This chapter discusses universal jurisdiction in Australia. 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.
Austria
Authors: Reydams Luc 
Published: January 2010

Abstract
This chapter discusses universal jurisdiction in Austria. 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.
Canada
Authors: Reydams Luc 
Published: January 2010

Abstract
This chapter discusses universal jurisdiction in Canada. 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.
Denmark
Authors: Reydams Luc 
Published: January 2010

Abstract
This chapter discusses universal jurisdiction in Denmark. 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.
Germany
Authors: Reydams Luc 
Published: January 2010

Abstract
This chapter discusses universal jurisdiction in Germany. 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.