bluuebunny/crossref_metadata_2025_split huggingface dataset:
Private and public interests in water and energy
Authors: Hall David , Lobina Emanuele 
Published: December 2004

Abstract Based on empirical evidence from developed, transition and developing countries, the article looks at how the introduction of private operators’ interests into the water supply/sanitation and energy sectors may conflict with public interests in socio‐economic, environmental and political dimensions. Case studies are used to illustrate the dynamics of these interactions, covering phenomena such as unsolicited proposals, misrepresentation and corruption; the exploitation of established positions by taking advantage of asymmetry of information and negotiating capacity in relation to public authorities; and exit from contracts or concessions when acceptable profitability cannot be attained. This experience indicates that the introduction of private companies into these sectors creates the permanent possibility of conflict between private and public interests. The services are too vital both socially and economically to rely on corporate self‐regulation, and countries lack effective capacity to regulate such corporations. The authors conclude that policies relying on corporate activity in these sectors are unnecessarily risky, and that policy development should focus on building strong public sector institutions to provide these services.
Shareholder activism on environmental issues: A study of proposals at large US corporations (2000–2003)
Authors: Monks Robert , Miller Anthony , Cook Jacqueline 
Published: December 2004

Abstract Socially Responsible Investing (SRI) has carved out a niche in the financial world, and each year a large number of shareholder proposals are filed at public companies in the US related to issues of corporate social responsibility (CSR). While the primary interests of CSR activists remain distinct from those of traditional corporate governance (CG) activists, the two groups do share an interest in minimizing the risk of negative environmental or social impacts from the operations of the corporation. They also share the objective of achieving transparency and accountability in corporate decision‐making. In relation to this latter objective, they both face similar challenges concerning conflicts of interest among key institutional shareholders. This article examines the record of shareholder proposal filing and voting from 2000–2003 for 81 large US public corporations to determine the relative prominence of CSR shareholder activism and the prospects for effective CSR shareholder activism on key environmental issues. The analysis of these data finds that nearly half (45%) of all shareholder resolutions are related to CSR, and that those resolutions which combine issues of CSR with traditional CG activism appeal to slightly more shareholders than issues of CSR alone. The article also examines shareholder activism at the micro level with a case study of the voting record at ExxonMobil. The article finds that CSR‐related shareholder activism represents the majority of shareholder activism within that firm and that resolutions targeted at climate change are particularly well supported. These resolutions draw a connection between environmental risk and risk to shareholder value. While numerous challenges remain for both CG and CSR activists, the article concludes that reforms that strengthen shareholder rights and corporate governance more generally will also benefit CSR activists and the environmental policies they promote in particular. The article ends with some proposed solutions for addressing the perceived conflicts of interest in corporate governance and the shareholder voting process.
Application of the Islamic Law of Succession: Was the Propositus a Sunnī or a Shīʿī?
Authors: Carroll Lucy 
Published: December 2004

AbstractOne point at which the difference between Shīʿī and Sunnī law may dramatically and immediately impact upon the affairs of a Muslim family is on the occasion of the death of one of its members. The operation of the rules of succession frequently leads to very diverse results, depending on the sectarian affiliation of the deceased. The sectarian allegiance of the deceased, however, is not always easily ascertained, and the point may be contested by competing groups of would-be heirs. This essay examines the manner in which the Courts of South Asia approach the question of determining the sectarian affiliation of the deceased when this is necessary in order to resolve conflicts over the devolution of his (or her) estate. After examining the provocative litigation concerning the estate of Miss Fatima Jinnah, who, in life, had refused to identify herself as either a Sunnī or a Shīʿī, I shall consider the question of whether South Asian Muslims could be given the option of electing whether Sunnī or Shīʿī law shall govern the devolution of their estates.
Ibrāʾ in Highland Yemen: Two Jewish Divorce Settlements
Authors: Hollander Isaac 
Published: December 2004

AbstractThis essay contains a translation and discussion of two Jewish divorce settlements concluded in rural Yemen during the first half of this century. Drawing upon information provided by informants who were eyewitnesses to one of the settlements, I delineate — against a background of Jewish and Islamic law — patterns of behavior followed by Jews and Muslims in the field of marriage relations, drawing attention to some of the intricacies of Judeo-Muslim cultural and legal interaction in Imamic Yemen.
Qurʾan 2:229 “A Charter Granted to the Wife”?
Authors: Carroll Lucy 
Published: December 2004

AbstractThe study of Muslim law in South Asia highlights two important points: (i) what is termed Muslim law (or shariʿa) is not immutable; and (ii) to discuss Muslim law as a legal system in the modern world it is necessary to locate that legal system within the context of a nation-state.One of the most dramatic developments when the uncodified law applicable to Muslims in the new republic of Pakistan fell to be interpreted by Muslim judges of the superior Courts of the new nation was the judicial creation of a new form of divorce available at the demand of the wife—the “judicial Khulʿ.”In retrospect, however, it is unfortunate that counsel representing the women whose litigation resulted in the new dispensation relied upon Q. 2:229, rather than Q. 4:35. Thus the new dispensation of 1967 is merely a chapter in an unfinished story.
The Family Waqf and the Sharʿī Law of Succession in Modern Times
Authors: Layish Aharon 
Published: December 2004

AbstractOn the basis of an analysis of waqfiyyas collected mainly from the sijill of the sharīʿa courts of Mandatory Palestine and Israel, I seek to clarify the identity of the initial beneficiaries of the waqf and the manner in which entitlement is transmitted to and apportioned among subseqent generations of beneficiaries. I also evaluate the motives of the founder in using the waqf as an instrument for circumventing the compulsory Islamic inheritance rules and analyze the implications of this practice on the integrity of the patrimony and structure of the family. My main conclusions are: (1) the creation of a waqf makes it possible to keep property intact and prevents its division among heirs; (2) the concentration of entitlement on the founder's male agnatic descendants (in itself a victory of custom over sharīʿa) contributes to the disintegration of the extended family.
Awqāf in Persia: 6th-8th / 12th-14th Centuries
Authors: Lambton Ann 
Published: December 2004

AbstractIn this essay I have examined information on Awqāf in the 6th-8th/12th-14th centuries contained in various historical texts, including the local histories of Yazd, Fārs and Kirmān, especially the anonymous Tārīkh-i shāhī-i Qara Khitaʾiyan, the waqfiyya of Rashīd al-Dīn Fadl Allāh (dated 709/1309-10), the Jāmiʿ al-khayrāt of Sayyid Rukn al-Dīn Yazdī and his son Sayyid Shams al-Dīn (dated 748/1347-8) and a number of collections containing documents on Awqāf, notably the ʿAtabat al-kataba of Muʾayyad al-Dawla Muntajab al-Dīn al-Juwaynī and the anonymous al-Mukhtārāt min al-rasāʾil. I have sought to show the purposes for which Awqāf were consitituted, the motives of those who constituted them and their spread in the 6th-8th/12th-14th centuries.
ḥusayn b. ʿAbd al-Ṣamad al-ʿāmilī's Treatise for Sultan Suleiman and the Shīʿī Shāfiʿī Legal Tradition
Authors: Stewart Devin 
Published: December 2004

AbstractThis study draws on the work Nūr al-ḥaqīqah wa-nawr al-ḥadīqah, a treatise on ethics written by ḥusayn b. ʿAbd al-Ṣamad al-ḥārithī extant in two autograph manuscripts, in an effort to explain how the author and his close companion Zayn al-Dīn al-ʿāmilī, two of the most important Twelver Shiʿi jurists of the sixteenth century, were able to obtain appointments as professors of law at Sunni madrasahs under Ottoman control. Evidence from Nūr al-ḥaqīqah, corroborated by information from biographical sources, shows that they obtained these appointments by claiming affiliation with the Shāfiʿī madhhab and presenting themselves as accomplished Shāfiʿī jurists. Their efforts were in fact part of a long and developed tradition of association with the Shāfiʿī madhhab among Twelver Shiʿi scholars.
A Propos de la Constitutionnalité de la Sharīʿa:
Authors: Dupret Baudouin 
Published: December 2004

AbstractL'examen de la jurisprudence de la Haute Cour Constitutionnelle égyptienne révèle que, dans un premier temps, cette juridiction a eu tendance, quand elle était saisie de dispositions supposées contraires a l'article 2 de la Constitution (la sharīʿa est la source de la législation), à ne pas s'engager sur le terrain de son interprétation. Il n'en va plus de même aujourd'hui. C'est ainsi qu'en 1993, distinguant entre règles de la sharīʿa dont la filiation et la signification sont concluantes et règles autorisant le raisonnement individuel, la Haute Cour a posé le principe d'un contrôle limité au respect du premier type de règles. L'arrêt dont on propose ici la traduction se situe dans cette ligne jurisprudentielle. Au départ d'un contentieux portant sur une question de pension alimentaire, il confirme la définition de principe adoptée par la Cour. Ce texte retiendra l'attention pour sa valeur documentaire et comme matériau constitutif d'une démarche tenant davantage à la sociologie et à l'anthropologie du droit.
Enquête sur le Financement d'un Waqf Égyptien du XVe Siècle: Les Comptes de Jawhār Al-Lālā
Authors: Garcin Jean-Claude , Taher Mustapha Anouar 
Published: December 2004

AbstractThis article endeavours to make evident, from an important collection of waqfs, dating from the 15th century, the great difference between the expected value of property income put in waqfs, and the value of the sum total consecrated in a diversity of pious acts. This difference is returned to the founder of the Waqf, which is kept at his free disposal until his death. It then tries to demonstrate, in keeping in account with the development of the money exchange rate (and the development of the ratio between gold and copper, for which the Waqf founder takes his advantage), how prudent the management of these pious works was in effect. It is this prudence which allows the financiers to reserve the surplus for investments in agricultural land (without doubt bought at the cheapest price at discount after epidemics [or other disasters]) and in rental property in Cairo.
Opening and Closing a Dispensary in Shan-Yin County: Some Thoughts about Charitable Associations, Organizations, and Institutions in Late Ming China
Authors: Handlin Smith Joanna 
Published: December 2004

AbstractDuring the seventeenth century Chinese local elites sponsored charitable activities more visibly and vocally than ever before. One small outcome of the heightened interest in doing good was a dispensary that wealthy residents of Shan-yin county operated for the poor. Using materials relating to the dispensary, this article explores differences between loose associations, formal organizations, and lasting institutions. To understand voluntary cooperation among the philanthropists it considers several ingredients other than the needs of the poor and the compassion of the rich; these include the type of leadership and a proclivity among local elites of this period to form diverse associations.
Fugitives and Factotums: Slaves in Early Sixteenth-Century Istanbul
Authors: Seng Yvonne 
Published: December 2004

AbstractAs one of the most immediate sources for the study of community life, the shariah court records of Istanbul capture one of the underlying characteristics of Ottoman society at the beginning of the sixteenth century, that of social and spatial mobility. This characteristic is clearly illustrated in the case of slaves. Records concerning fugitive slaves and slaves who resided in the region, either as freedmen or in servitude, clearly indicate that slavery helped fuel the economy of empire and, upon manumission, slaves were readily absorbed into local communities. The institution of slavery was an integral part of both Ottoman society and local community life and was used not only by the palace but by a wide variety of residents, across a range of socio-economic levels.
The Christian Population of Jerusalem in the Late Seventeenth Century: Aspects Of Demography, Economy, and Society
Authors: Peri Oded 
Published: December 2004

AbstractRegister 3643 of the Ottoman treasury records is a unique source for the study of the demography and the basic social and economic traits of the Christian population of Jerusalem in the latter part of the seventeenth century. It is a poll-tax collection report which differs from its seventeenth-century antecedents in that it was actually based on an updated census of the assessed population. As such, this census was probably the first taken in Jerusalem since the end of the sixteenth century. This probability as well as the rich statistical data recorded in the poll-tax register studied provide a peerless opportunity to reconstruct and sketch in real quantitative terms a demographic, social and economic profile of the Christian population of Jerusalem and its vicinity, as it may have existed in the late seventeenth century.
The Images of Immortals and Eminent Monks: Religious Mentality in Early Medieval China (4-6 c. A.D.)
Authors: Poo Mu-chou 
Published: December 2004

AbstractThis study seeks to investigate the religious mentality in early Medieval China. By comparing two types of characters, i.e., the immortals of the Taoist tradition, and the eminent monks of the Buddhist religion, we try to discover the special nature of both these types of characters, and to delineate their similarities as well as differences. Our analysis shows that the stories about the immortals and the eminent monks reflected a common mentality: a psychological need for an easy way to salvation; an attempt to control supernatural forces; an urge for solutions to some earthly problems concerning life and death. This common mentality, moreover, had existed among the Chinese people before the advancement of Buddhism and Taoism at the end of the Han dynasty, and continues to exist after the establishment of both religions. The successful development of Buddhism and Taoism, especially among the common people, should be seen not merely as the triumph of their teachings, but as the successful incorporation of this basic religious mentality. It was, therefore, an underlying bridge that logically connected the development of Chinese religious tradition from the pre-Buddhist and pre-Taoist era to the later period. It could also serve as one of the keys to the understanding of the formation and shape of popular religion in China in the subsequent era.
Demeter in Roman Corinth: Local Development in a Mediterranean Religion
Authors: DeMaris Richard 
Published: December 2004

AbstractThis study constructs a history of Demeter worship in Corinth and its environs based on archaeological finds from the Demeter and Kore sanctuary on Acrocorinth and elsewhere in the Corinthia. These finds document the changing character of Demeter devotion from the Greek to Roman period. Demeter worship survived the Roman sacking of Corinth in 146 BCE, but the reemerging cult changed: Demeter's chthonic aspect became dominant in the Roman period. The earlier Greek emphasis on fertility, substantiated by votive pottery finds from the Classical and Hellenistic periods, gave way to funerary and underwold emphases. Evidence both from the Demeter and Kore sanctuary on Acrocorinth and from Isthmia attests to the growing importance of Persephone and Pluto, the rulers of the dead, and of snake symbols, whose funerary and chthonic affinities were deeply rooted in ancient Mediterranean culture.
Apocalypses Real and Alleged in the Mani Codex
Authors: Frankfurter David 
Published: December 2004

AbstractThe florilegium of revelations that Mani adduces as proof of his own authority in the Cologne Mani Codex has stimulated research into the circulation and influence of Jewish apocalypses among the various Jewish-Christian sects of late antiquity. But it has also proved frustrating, since not one of the apocalyptic “texts” that Mani quotes matches extant apocalypses in the name of Enoch, Adam, Seth, or Enosh. Considering the breadth of the Enoch literature now known from textual and patristic sources, including Manichaean literature, the absence of a parallel for Mani's Enoch-“quotation” may be reason to suspect that Mani invented this quotation as well as the others. This paper proposes an interpretation of Mani's apocalyptic florilegium that depends not on the historical existence of the putative texts but on Mani's own distinctive scheme of prophetic lineage and authority. It is argued that Mani's universalist view of mission and religion led him to revise existing schemes of Jewish revelatory heroes that were traditional to Jewish and Jewish-Christian sects and that invoked the patriarchs constitutive of Jewish identity, like Abraham, Moses, and Elijah. In contrast, Mani promotes his relevation's ecumenical appeal by casting himself in a line of biblical figures who in the late antique world had especially universalist significance: Adam, Seth, and Enoch (all antediluvian and therefore pre-covenantal) and Paul (Mani's model of an ecumenical missionary).
Dying of Enforced Spinsterhood: ḥadramawt Through the Eyes of ʿAlī Aḥmad Bā Kathīr (1910-69)
Authors: Freitag Ulrike 
Published: December 2004

AbstractA young widow of a noble although impoverished family meets a young man. They fall in love and want to marry, but her family prevents this from happening. Thereupon she falls ill and dies of broken heart. Upon hearing these news, her suitor in turn takes to the bed and dies shortly afterwards.
The Norm Dependence of Singular Vectors
Authors: Kuang Zhiming 
Published: December 2004

Abstract
For a linearized system such as ∂ψ/∂t = 𝗠ψ, singular vector analysis can be used to find patterns that give the largest or smallest ratios between the sizes of 𝗠ψ and ψ. Such analyses have applications to a wide range of atmosphere–ocean problems. The resulting singular vectors, however, depend on the norm used to measure the sizes of 𝗠ψ and ψ, as noted in various applications. This causes complications because the choices of norm are generally nonunique. Based on perturbation theory, a derivation of how singular vectors change with norms typically used in the atmosphere–ocean literature is provided, and it is shown that the norm dependences observed in previous studies can be understood as general properties of singular vectors. This will hopefully clarify the interpretation of these observed norm dependencies, and provide guidance to new studies on how singular vectors would vary for different norms. It is further argued, based on these results, that there may not be as much norm-related ambiguity in problems, such as designing targeted observations or ensemble forecasts, as is often assigned to them.
Assessing a Cloud Optical Depth Retrieval Algorithm with Model-Generated Data and the Frozen Turbulence Assumption
Authors: Barker H. W. , Pavloski C. F. , Ovtchinnikov M. , Clothiaux E. E. 
Published: December 2004

Abstract
A cloud optical depth retrieval algorithm that utilizes time series of solar irradiance and zenith downwelling radiance data collected at a fixed surface site is assessed using model-generated cloud fields and simulated radiation measurements. To date, the retrieval algorithm has only been assessed using instantaneous cloud fields in which time series were mimicked via the frozen turbulence assumption. In this study, time series of radiation data are generated for use by the algorithm from a series of snapshots of an evolving and advecting cloud field, with values of optical depth retrieved for clouds occurring at the midpoint of the time series. This approach resembles conditions encountered in the field much better than those arising from the convenient frozen turbulence assumption. Values of optical depth are also retrieved for the same cloud field by employing the frozen turbulence approach. For the field of broken, shallow cumulus considered here, differences between the two sets of retrievals are small. This suggests that the encouraging results obtained thus far for this retrieval algorithm have not been secured falsely by the frozen turbulence assumption.
Effects of Noise on Thorpe Scales and Run Lengths
Authors: Johnson Helen L. , Garrett Chris 
Published: December 2004

Abstract
Estimating the diapycnal mixing rate from standard CTD data by identifying overturning regions in the water column (the Thorpe-scale approach) provides good spatial and temporal coverage but is sometimes limited by instrument noise. This noise leads to spurious density inversions that are difficult to distinguish from real turbulent overturns. Previous efforts to eliminate noise may have overcorrected and hence underestimated the level of mixing. Here idealized density profiles are used to identify the magnitude and characteristics of overturning regions arising entirely from instrument noise, in order to establish a standard against which CTD data can be compared. The key nondimensional parameters are 1) the amplitude of the noise scaled by the density change over the section of profile considered, and 2) the number of data points in the section of profile. In some cases the product of these, which is equal to the amplitude of the noise scaled by the average density difference between consecutive measurements, is more useful than the second parameter. The probability distribution of “run length,” a useful diagnostic, varies significantly across this parameter space. Reasons for this are discussed, and it is shown that CTD data very rarely lie in a region of parameter space where comparison with the probability density function (PDF) of run lengths for a random uncorrelated series, or its rms value 6, is appropriate. The distribution of Thorpe displacements arising entirely from instrument noise, as well as the Thorpe scale and the statistics of density inversions, is also discussed. Analysis of CTD data from the interfaces of the thermohaline staircase in the deep Canada Basin illustrates how the results can be applied in practice to help to distinguish between signal and noise in marginal regimes. Density inversions seen in these data are shown to be no different from those that would result from instrument noise.