bluuebunny/crossref_metadata_2025_split huggingface dataset:
21 The Family and the Law: Reform of the English Family Justice System Towards the End of the Twentieth Century
Authors: Cretney Stephen 
Published: January 2010

Abstract
This book is about the interaction of the law and social relationships and practices. A central part of that interaction takes place in courts of law, but concern about the ineffectiveness of the law in some situations has been a consistent theme in discussions of policy, as was the view that legal processes sometimes exacerbated family differences. This chapter draws these issues together: it outlines the court structure as it has developed since the creation of the Family Division of the High Court in 1970; it examines the arguments (associated especially with the Report of the Finer Committee) for the creation of a system of family courts; it highlights the process by which new procedures were introduced to deal with the apparently increasing phenomenon of domestic violence; and it discusses the pervasive belief that conciliation (or mediation) should have an enhanced role in the family justice system. This belief was highly influential in the drafting of the Family Law Act 1996, based on the view that the law should recognise divorce as a ‘process over time’. However, the main provisions of that Act have not been brought into force.
Vice and Virtue
Authors: ARMSTRONG REBECCA 
Published: January 2010

Abstract
This chapter looks at the myths from another angle, starting from the stereotypes of vice attributed to Cretans in general and Cretan women in particular: the lies and the sexual intemperance. The scandalous stories of lust and deception understandably give rise to a bad press, and the first part of the chapter examines the ways in which the Latin representations of the Cretan women confirm this reputation. The chapter shows the possibility that the Cretan women can be seen in some senses as victims as well as perpetrators of vice, and attempts to redeem them further, to see if they can make any claim to some ancient concept of virtue despite their wicked deeds. Moving from virtue externally viewed to a woman's own sense of self-respect, it considers Ariadne's use of soliloquy, and the way in which the absence of an audience is in some ways positive, enabling a preservation of dignity.
Ariadne in Catullus 64
Authors: ARMSTRONG REBECCA 
Published: January 2010

Abstract
This chapter focuses on the depiction of Ariadne in Catullus 64. Catullus' sixty-fourth poem is an extraordinary work, which takes the form of the Hellenistic epyllion, already a subtly sophisticated sub-genre, and pushes it to its limits. In this poem, Catullus inverts again a genre characterized by inversion to make contact once more with conventionally epic elements through his treatment of the myth of the Argonauts, whilst preserving neoteric contact with the feminine in the form of the Ariadne ecphrasis. This 213-line section (which takes up just over half of the poem) is also one of the most important, and most sensitive, treatments of the story of Ariadne in classical literature. It was recognized as a formative influence by later Latin poets not only for their own versions of Ariadne's story, but even for their portrayal of other characters, such as Vergil's Dido and Ovid's Scylla.
Hesiod’s Theogony and the Folk Tale
Authors: Davies Malcolm 
Published: January 2010

Abstract
It is well known that Hesiod's Theogony contains a number of folk tale motifs. West's 1966 commentary specifies Prometheus and Epimetheus, ‘the pair of brothers, one clever and one stupid, or one good and the other bad’ and the succession myth of lines 453-506, with ‘the father who tries to dispose of his children in order to prevent the fulfilment of a prophecy that one of them will overthrow him; the child who is exposed, but who grows up in safety nevertheless and returns to claim his inheritance; and the man who is swallowed by a monster or demon and afterwards rescued alive and whole from his belly. This chapter suggests that a further folk tale motif is lurking in the aetiological account of how Prometheus tricked Zeus over sacrificial portions (555-616).
Dionysius’ Ear
Authors: Parker L. P. E. 
Published: January 2010

Abstract
The formulaic language of the early hexameter poets grew up over time designed to produce good hexameters, verses that sounded agreeable. A poet composing with these preformed blocks would be unlikely to strive after special effects. Yet the temptation to detect deliberate onomatopoeia in 598 is strong. Dionysius subjects the verse to close scrutiny in order to define how the rhythmic effect that he feels has been produced. He observes that there are no monosyllables and only two disyllables. No long vowel or diphthong is followed by more than one consonant, and pairs of consonants appear only where needed to ‘make position’ following a short vowel. In fact, to his way of thinking, all the syllables are as short as possible. Then, the words are nowhere ‘forced apart’ by (apparent) hiatus, or final semivowel meeting initial semivowel. But finally, and ‘most surprising of all’, all the ‘feet’, except the last, are dactylic. This chapter argues that unlike most ancient theorists, Dionysius shows himself genuinely interested in the sound of verse, but his surprise here does no credit to the sensitivity of his ear. Nearly one fifth of Homeric hexameters are holodactylic. Moreover, he failed to notice one really remarkable fact about the verse in question: all the bicipitia except one are split by word-end.
Critical Notes on the Greek Paroemiographers
Authors: Bühler Winfried 
Published: January 2010

Abstract
Greene prints γέλωτι, the reading of the two manuscripts of the scholia. But the ending is clearly corrupt, by a wrong adaptation to the following dative σπασμώ. Siebenkees (1798), 47 wrote γελώντες instead, and was followed by C. F. Hermann (1851-3), vi. 133. This is better, but still not right. This chapter argues that the correct reading is γελάν, written by Zen. Ath. 1.68 (cf. M. E. Miller (1868), 356), and also in Prov. Bodl. 833 (Gaisford (1836)).
Human Rights Obligations of Non-State Actors
Authors: Clapham Andrew 
Published: January 2010

Abstract
The threats to human rights posed by non-state actors are of increasing concern. Multinational corporations, armed oppositions groups, and the activities of international organizations such as the United Nations, NATO, and the European Union are increasingly examined with recourse to a human rights lens. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors and addresses some of the ways in which they can be held legally accountable in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some extending human rights into these spheres trivializes them and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, Canada, South Africa, and the United Kingdom is examined with regard to the application of human rights law to non-state actors.
Complexity, Complicity, and Complementarity
Authors: CLAPHAM ANDREW 
Published: January 2010

Abstract
Understanding this topic means understanding that non-state actors and governments may both have obligations with regard to the same human rights abuses. This leads to a situation which is complex. Non-state actors are typically accused of facilitating violations of human rights law by governments. They emerge as accomplices with international obligations and are thus accused of complicity. The obligations apply simultaneously but we can only focus on one legal order at a time. The aim is to demonstrate that it may make more sense to see these variegated simultaneous obligations through the concept of complementarity.
Blood and Violence in Early Modern France
Authors: Carroll Stuart 
Published: January 2010

Abstract
The rise of civilised conduct and behaviour has long been considered as one of the major factors in the transformation from medieval to modern society. Thinkers and historians alike argue that violence progressively declined as men learned to control their emotions. The feud is a phenomenon associated with backward societies, and in the West duelling codified behaviour and channelled aggression into ritualised combats that satisfied honour without the shedding of blood. French manners and codes of civility laid the foundations of civilised Western values. But as this original work of archival research shows, we continue to romanticise violence in the era of the swashbuckling swordsman. In France, thousands of men died in duels in which the rules of the game were regularly flouted. Many duels were in fact mini-battles and must be seen not as a replacement of the blood feud, but as a continuation of vengeance in a much bloodier form. This book outlines the nature of feuding in France and its intensification in the wake of the Protestant Reformation, civil war, and dynastic weakness, and considers the solutions proposed by thinkers from Michel de Montaigne to Thomas Hobbes. The creation of the largest standing army in Europe since the Romans was one such solution, but the militarisation of society, a model adopted throughout Europe, reveals the darker side of the civilising process.
Combat
Authors: Carroll Stuart 
Published: January 2010

Abstract
This chapter examines the realities of Renaissance combat in France. Sword fighting during the Renaissance was predominantly offensive — it taught how to kill as rapidly and as efficiently as possible. The key to self-defence was to seize the initiative; relentless thrusting and cutting blows prevented the possibility of a counter-attack. The best form of defence is attack — strike first and ask questions later. Without armour combats were likely to be short, and speed and surprise were essential to survival. This is significant because accused under interrogation and supplicants for letters of pardon invariably painted killing as an involuntary act of self-defence. In order to understand the economy of violence, the terminology must be clear to distinguish between battles, encounters, and duels. Paying close attention to the terminology also permits us to study the pace of change in combat techniques and modes of killing.
Substantive Constitutional Accommodation: Autonomy, Representation and Recognition
Authors: TIERNEY STEPHEN 
Published: January 2010

Abstract
This chapter addresses the substantive constitutional status of Catalonia, Quebec, and Scotland. It focuses on the ways in which, in all three states, informal constitutional practices and processes supplement traditional renditions of the law of the constitution in helping to shape relations between sub-state national societies and their respective host states. It shows how the informal workings of the constitution can foster the constitutional co-existence of different demoi within the state, particularly in situations where political actors at the sub-state level see no prospect of improved constitutional accommodation through formal constitutional amendment.
Future Prospects for the Plurinational State
Authors: TIERNEY STEPHEN 
Published: January 2010

Abstract
The flourishing of the plurinational states appears to be important in less instrumental terms to those citizens who feel a deep bond with the larger project. The alternative — separation — is one which brings losses that stretch beyond economic and strategic considerations. The extent of contemporary constitutional and political disjuncture within plurinational states means that the task of making them work is not easy. This book has identified three areas where general improvements in both the theory and practice of liberal constitutionalism seem necessary to improve the health of the plurinational states. This chapter addresses these three issues.
Introduction
Authors: SHEPARD ALEXANDRA 
Published: January 2010

Abstract
This introductory chapter begins with a brief survey of the potential contribution the history of masculinity can make to gender history, referring to ways in which it has grown out of but also conflicts with women's history. An analysis of the relationship between manhood – both as conceived and practiced – and patriarchal norms, is identified as the key focus for this study. A discussion of the principal primary sources serves first to map out the book's structure in two parts (the first focusing on representations of manhood and the second exploring social practice) and secondly to justify the use of a case study of the town of Cambridge, fully contextualised with reference to a wide range of other materials.
The European Union: Discursive Bifurcation Revisited
Authors: Lasser Mitchel de S.-O.-l’E. 
Published: January 2010

Abstract
This chapter describes the European Court of Justice (ECJ), the highest court in the judicial system of the European Union. On the one hand, the ECJ generates official judicial decisions that consist of relatively short, deductive and magisterial judgments that are highly reminiscent of their French counterparts. On the other hand, the ECJ's judicial magistrates — and in particular its Advocates General — also routinely deploy a purposive or ‘teleological’ form of interpretation that stresses the more socially oriented goals of judicial interpretation. In short, the ECJ demonstrates a bifurcated form of judicial discourse that reproduces in large measure the French judicial system's own discursive bifurcation. What characterises and distinguishes ECJ argumentation is the public bifurcation of the Court's discourse. The ECJ publishes multiple judicial and quasi-judicial documents, including the official decision, the Opinion of the Advocate General, and (at least until recently) the Report of the Reporting Judge. This publication practice profoundly affects the discourses deployed by the ECJ and its interlocutors, leading to a particular and distinctive form of embattled judicial reasoning and argumentation.
The ECJ: The French Bifurcation Reworked
Authors: Lasser Mitchel de S.-O.-l’E. 
Published: January 2010

Abstract
Like the Cour de cassation of France, the European Court of Justice (ECJ) maintains two different judicial discourses, that of its judicial decisions, and that of its Advocates General (AGs). However, the ECJ puts an important twist on its French predecessor: it publishes both discourses in every decided case. The ECJ's simultaneous publication practice obviously produces a serious effect on the types of judicial arguments and reasoning that are deployed in each sphere. Both discourses are public discourses; the disjunction between the two is therefore available for all to see. Perhaps as a result, the ECJ approach softens the bifurcation to a significant extent: neither discourse takes as pure a form as does its French counterpart. Although still highly magisterial and deductive, the collegial ECJ decision does not rival the oracular syllogisms of the Cour de cassation's judicial decision. Although the ECJ's Reporting Judges and AGs adopt explicitly purposive and teleological interpretive approaches, they do not tend to deploy the kind of free-wheeling judicial argumentation oriented towards equiy and substantive justice that characterises so much of the hidden French judicial discursive sphere.
On Judicial Transparency, Control, and Accountability
Authors: Lasser Mitchel de S.-O.-l’E. 
Published: January 2010

Abstract
This chapter discusses some of the difficult, but fascinating, rule of law/democratic theory issues raised by the judicial approaches employed by the Cour de cassation of France, the Supreme Court of the United States, and the European Court of Justice. It examines what it means for legal and judicial systems to function in such bifurcated or integrated ways. More specifically, it explores the implications for such interrelated issues as judicial transparency, accountability and control, and democratic debate and deliberation. As an introduction to the complex topic of how the French, American, and EU judicial systems each deal with the formation and transfer of interpretive knowledge and authority, this chapter considers how each of the three judicial systems handles the deeply pragmatic issue of how to make publicly accessible certain forms of knowledge about what Americans call ‘the state of the law’ (that is, knowledge about the content, development, and motivation of existing legal and judicial norms).
Introduction
Authors: Brenkert George G. , Beauchamp Tom L. 
Published: January 2010

Abstract
This introductory article explains the coverage of this book, which is about business ethics. It discusses the differences in the understanding of business from a philosophical and from a business orientation. This volume is divided into nine parts ranging from basic philosophical issues to the moral culture of business organizations. The topics covered include the nature of ethical theory and the methods used in the work of business ethics, corporate responsibility, economic justice, and the relativity of moral judgments.
The Methods of Business Ethics
Authors: Green Ronald M. , Donovan Aine 
Published: January 2010

Abstract
This article examines how the mission of business ethics has fostered several methodological approaches, which were chiefly drawn from philosophical analysis and descriptive methodologies. It discusses the focus on individual managerial decision making and the tension between methods within business ethics education. It evaluates the work of leading business ethics scholars and suggests that this field is both limited and intellectually ambitious.
Moral Issues in Globalization
Authors: Gould Carol C. 
Published: January 2010

Abstract
This article considers the key normative issues raised by globalization and describes the implications of these issues for business ethics and public policy. It considers various philosophical approaches to global justice and identifies the consequences of globalization, which include global poverty and outsourcing. It analyzes three additional values posed by globalization: the need for improved transparency and accountability of multilateral institutions, the emphasis on labor standards and the idea of sustainability and environmental justice.
Employment at Will and Employee Rights
Authors: McCall John J. , Werhane Patricia H. 
Published: January 2010

Abstract
This article looks at employment relation in the U.S. and Western Europe. The predominant mode of employment in the U.S. is a common law doctrine of Employment at Will and under this model employees must rely upon bargaining under conditions of competitive market exchange in order to secure many of their employment related rights. In contrast, European views of this relationship emphasize a partnership between employer and employee. This article evaluates whether there are moral reasons to prefer one view or the other.
Working Conditions: Safety and Sweatshops
Authors: Arnold Denis G. 
Published: January 2010

Abstract
This article examines issues concerning working conditions and worker safety in the so-called sweatshops. It discusses the extent of employers' obligations to protect workers from workplace hazards and evaluates whether they may be mitigated by other obligations or interests. Two general duties concerning safety play a key role in this analysis: the obligation to inform workers in advance regarding workplace hazards and the obligation to ensure minimum health and safety conditions. It rejects various defences of sweatshops and defends the view a respectful treatment of workers requires that they be paid a weekly wage consistent with human dignity.
Educating the Practical Imagination
Authors: Rorty Amélie 
Published: January 2010

Abstract
This article argues for the educational importance of imagination and sketches strategies for developing it in the classroom. It explains that imagination is a necessary ingredient in the operation of practical reasoning and that considerations that limit or constrain and direct it are in the nature of the case integrated with other functions of practical reasoning, with critical rationality and with constraints of relevant reasonableness. The article describes potential practical applications of imagination in education.
Constructivisms, Scientific Methods, and Reflective Judgment in Science Education
Authors: Grandy Richard E. 
Published: January 2010

Abstract
This article addresses questions concerning science education, focusing on contemporary cognitive scientific investigations of teaching and learning in the science classroom. It distinguishes several kinds of views labelled constructivist and argues for the relevance of cognitive and epistemic constructivism to science education and irrelevance of ontological constructivism. It contends that proper understandings of what is involved in the knowledge of science and scientific method involves mutually informing between parties and portraying a much more complex cognitive and social landscape than that which is usually recognized.
Religion and Political Socialization
Authors: Pearson‐Merkowitz Shanna , Gimpel James G. 
Published: January 2010

Abstract
This article argues that there is a poor understanding of the process by which citizens acquire political knowledge, political attitudes, and expectations concerning political activity. The article first reviews the history of political socialization as a field of study, and then describes the role that different agents have played in the socialization process. It discusses religious socialization and religion as an influence on both youth and adult political socialization. The article also provides a review of related literature that addresses how the church can serve as a socializing and mobilizing venue for politically quiescent religious groups.
Religion and American Public Opinion
Authors: Wilson J. Matthew 
Published: January 2010

Abstract
This article discusses the interaction of the religious faith of the Americans and their economic policy attitudes. It provides a historical perspective of American Protestantism and the economy, followed by a discussion of the contemporary evangelical and mainline attitudes toward economic policy. It discusses American Catholicism and economic liberalism, and studies the attitudes of economic policy among minority religious traditions. The article ends with several suggestions for future research agendas.
Religious Interest Groups in American Politics
Authors: Hertzke Allen D. 
Published: January 2010

Abstract
This article examines the various religious interest groups in American politics. These interest groups actually occupy an important position within the American political process: they serve as a form of “intermediary”—agents existing between the elected officials and the mass public. The article studies the institutional growth of national religious interest groups, looks at the rise of the New Religious Right, and inspects the different organizational dynamics of these groups. This article suggests that the collective activities of religious interest groups—including local community organizing and lobbying state governments—contribute to a more authentic neopluralism than what is seen in a general interest group scholarship.