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Starting from this section, we only consider undirected graphs unless stated differently in specific situations. In the definition of , we make the choices and .1 We will specify whether is a double-well or double-obstacle potential where this is relevant. Also, we recall from Remark 2.1.9 that we choose .
Policies have complex lives and afterlives. They interact with contingent political and social agents and are mediated by their wider contexts, from the processes that inform their conceptualisation through their enforcement.1 Prohibition in India originated in the context of late colonialism. It took shape as an idea, became part of a mass movement and crystallised into an ideal before emerging as a policy with the Madras Prohibition Act of 1937. The ensuing interactions are best understood as constituting the long-term process of prohibitioning, wherein each phase of the policy's development simultaneously overdetermined and constrained its subsequent iterations. As we have seen, this formative experience also enabled prohibition to migrate from the colonial context to the postcolonial era, its origins illuminating crucial parallels and precedents for developments that followed the achievement of independence. Through all this, prohibition bore – indeed, has borne – the imprint of the interactions that produced it, which are discernible in its manifestations as an idea, ideal and policy. As much a history of the policy as it is a history of the Indian state, Sober State has presented a history of prohibitioning that rests on three related arguments.
First, we saw that prohibition emerged as a function of the exercise of state power by the colonial and nationalist states. The colonial state engaged with alcohol policy as a means to maintain power by achieving revenue maximisation and ensuring regulatory checks and balances at a time when said power was quickly slipping out of its hands. The nationalist leadership saw the prohibition demand as a trump card that would expose the colonial state's avarice and hypocrisy, while signifying a new and superior model of governance.
Chapter 1 revisits the establishment of the League of Nations by providing an in-depth analysis of the Paris Peace Conference, with a particular focus on the negotiation of the Covenant. The chapter also explores alternative conceptualizations of order from the social sciences, law, and history. The chapter argues that the new international order constituted by the League exhibited three common characteristics. Firstly, the League was largely shaped by the dominance of the United States and Britain during the negotiations. Secondly, the core decisional logic of the League’s institutional system was political, not legal. Thirdly, the League constituted a dual international order. On the one hand, and despite its universal rhetoric, it reproduced an imperial logic by dividing countries into civilized and uncivilized ones in new ways. However, in an attempt to prevent another world war, it also sought to facilitate disarmament and collective security, primarily in Europe. In doing so, it helped stabilize the European state system by addressing several key challenges, such as the status of Danzig, the Saar and Upper Silesia, and the protection of national minorities.
Chapter 2 focuses on the early history of the League Secretariat’s Legal Section, offering a rich sociography of the first craftsmen and women responsible for the League’s legal affairs, including later famous personalities such as Åke Hammarskjöld and Georges Kaeckenbeeck. It uncovers attempts by the Dutch Director of the Legal Section, Joost van Hamel, to push for a strengthening of international law with the aim of consolidating the position and competences of the League of Nations. The Legal Section thus promoted the establishment of a Permanent Court of International Justice with compulsory jurisdiction that should be closely linked to the League, a comprehensive programme for the codification of international law, and the obligatory registration of international treaties. However, Van Hamel’s campaigns met with resistance from leadership of the League Secretariat in the shape of Secretary-General Eric Drummond, who, assisted by Under-Secretary-General Dionisio Anzilotti, focused on not antagonizing the great powers in a situation where the League Secretariat was still relatively weak.
Any account of prohibitioning in the decades leading up to the Madras Prohibition Act would necessarily be incomplete without addressing the politics of alcohol production. Colonial officials and nationalist elites were interacting as much with one another and diverse segments of society as with liquor business interests to devise policies aimed at regulating drinking. The cumulative impact of the ensuing developments had a tremendous impact on prohibitioning by influencing the momentum towards the policy's introduction in 1937.
During the period in question, liquor businesses had to contend with mounting social pressure against their trade on the one hand and political manoeuvring by both the colonial government and the Congress leadership on the other. Whilst prohibition discourse cast drinkers as victims who could eventually be redeemed of their affliction and transformed into upstanding citizens, it painted the producers, distributors and retailers of alcohol unforgivingly and with a large brush stroke as traitors of the nation. ‘A number of Indian merchants, be it said to their shame,’ charged a letter that was published in The Hindu, ‘have taken up the merchandise of liquor to ruin their countrymen.’ The most spectacular anti-alcohol protests were, unsurprisingly, directed at toddy and arrack shop contractors.
The constraints imposed on liquor business interests by, first, the colonial establishment and, subsequently, the nationalist leadership were part of an overarching political contest to dictate the terms of liquor production. If the colonial government was concerned that the emergence of liquor monopolies would result in lowered revenue yields for the state, the nationalist leadership sought the right to altogether remove liquor production from the workings of the national economy.
This chapter offers a reading of Pythian 10, Pindar’s earliest extant epinician ode. It considers the place of the myth in the poem and focuses on Pindar’s foregrounding of moments of transgression (thematic and syntactical), together with the looping or circular imagery and architecture of the ode.
Edited by
Monika Zalnieriute, Law Institute of the Lithuanian Centre for Social Sciences,Agne Limante, Law Institute of the Lithuanian Centre for Social Sciences
In recent years, the Brazilian judiciary has announced over 100 initiatives using artificial intelligence (AI) systems, while a mounting number of juridical decisions shape how AI can be used in the country. The chapter analyses how AI impacts the Brazilian judiciary. First, we introduce the Brazilian legal systems, and explore a selection of AI initiatives to expose their benefits and shortcomings. Then we proceed to examine the policy for the usage of AI within courts in the country, focusing on the recent Resolution of the Brazilian National Council of Justice, aimed at regulating the judiciary’s production and use of AI systems. Last, we argue that the integration of AI within Brazil’s judiciary has the potential to enhance procedural efficiency and innovation. Yet, we emphasise that the guarantee of transparency, accountability, legal certainty, and digital sovereignty largely depend on the adoption and coherent implementation of a new AI Regulatory Framework and a new AI Strategy.
This chapter focuses on the American Revolution of 1775–1783, which often appears as the first cause célèbre in the subsequent literature on the law of civil war. Studying closely the legal documents and case law during the revolution, it argues that the revolution of the thirteen colonies displayed a typical structure of transatlantic civil wars that was common with the early modern civil wars of Chapter 1 as well as the subsequent transatlantic revolutions. Its key features include the early emergence of an insurgent prize jurisdiction, the diplomatic disputes caused by the imperial counter-revolutionary responses, the question of foreign intervention, and ultimately the connection between sovereignty and state responsibility. It also links these phenomena with the rise of international arbitration as an essential technique of post-revolutionary settlements in the classical law of nations.
Edited by
Monika Zalnieriute, Law Institute of the Lithuanian Centre for Social Sciences,Agne Limante, Law Institute of the Lithuanian Centre for Social Sciences
This chapter surveys developments related to the use of generative AI in courts in the United States. It discusses a range of current uses of generative AI by judges, lawyers, and ordinary citizens, and explains commonly cited concerns that these uses raise, such as worries about inaccuracy and bias, as well as newly emerging concerns. The chapter also surveys efforts to regulate these tools in the US, such as judicial bans and requirements of disclosure and certification.
The year was 1710. The wardens of a European cemetery in Madras wrote to East India Company officials complaining about the nuisance they had to put up with owing to the coconut trees on the property. This was a peculiar complaint; we do not normally imagine coconut trees when we think about sources of public nuisance. The crux of the matter at hand was that the gates had to be kept open all the time so that a certain country liquor could be drawn and sold. Variously described as the homegrown beer or palm wine of the Madras Presidency, the miscreant in question was toddy, the word deriving from the Hindi tari. In this imperial account, the cemetery was rendered noisier than all the punch houses in Madras put together as basket makers, scavengers, buffalo keepers ‘and other Parriars (Paraiyars)’ converged there at night to drink toddy, whereupon inebriated ‘beggars and other vagabonds’ even proceeded to lie down in freshly dug graves. Company officials wrote to the governor recommending replanting the trees elsewhere to relieve the European community of their troubles. The offending coconut trees were promptly removed.
As Company officials increasingly found themselves thrust into the role of a governing body in the Presidency of Fort St George, they found themselves having to develop a coherent response to the issue of alcohol, which eventually became the precursor to the colonial state's alcohol policy. Observations of local drinking cultures that a broad cross-section of European society had contributed became the basis of their response, which evidenced a growing reliance on strategies constituting governmentality over time.
Pindar the thinker’ is not a common notion in his criticism; some stubborn prejudices may account for this state of affairs, as well as misleading modern connotations of the word thinker. He was in fact one of the great minds of his day, a sophos of the first rank. This chapter explores his thought in two spheres of activity – politics and religion – and seeks to identify his unique contribution to and outlook on these topics (which were closely interrelated in Greek life). Pindar’s lavish use of gnomai (maxims) affords a convenient guide to both because Greek thought often took gnomic form, and the interpretation and adaptation of traditional wisdom were the mark of the sophos. The paper also charts Pindar’s connections with writers we tend now to label the Greek philosophers.
Edited by
Monika Zalnieriute, Law Institute of the Lithuanian Centre for Social Sciences,Agne Limante, Law Institute of the Lithuanian Centre for Social Sciences
The evolution of AI presents both challenges and opportunities for courts. To date, most discussion and examination of AI and courts has focused on decision-making tools, reflecting a broader trend in discourse around courts that unduly centres on courts’ adjudicatory functions. Yet courts perform a far wider set of functions and societal roles. This chapter examines the current and potential uses of AI, questions of suitability and ethics, and the challenges and opportunities that arise through this broader consideration of what it is courts actually do, beyond determining disputes. While AI may enhance access to justice, reduce costs, save time, and potentially improve the quality of justice, significant challenges arise, including the potential erosion of judicial respect, inaccuracy, and concerns for the separation of powers. Crucially, court users and the public ought to be more widely consulted in how AI is developed and deployed for courts to achieve better, fairer, and more effective justice.
I turn now to questions concerning killing in war. I first rehearse Thomas Aquinas’s treatment of the conditions that must be met for a just war. Aquinas clearly differs from me in his belief that those with public authority are morally entitled to intend death as part of what is required for them to carry out their responsibilities. I argue, however, that even St Thomas is more restrictive with regard to intentional killing than are some contemporary Thomists.
Although everything we know about Ignatius Sancho’s early life comes to us from a short biographical sketch written by the lawyer Joseph Jekyll (1754–1837) as a preface to Letters of the Late Ignatius Sancho: An African (1782), much of this is unsubstantiated and some appears improbable, exaggerated, or even invented. This chapter accordingly offers a critical reassessment and attempts a historical reconstruction of Jekyll’s “Life of Ignatius Sancho.” It offers a possible version of events that may explain Jekyll’s account of Sancho’s childhood journey from Cartagena to London. It argues, however, that the challenge of verifying much of “The Life” remains insurmountable at present and we can better understand “The Life” as a rhetorical intervention in the early phase of the British abolition campaign rather than as an unproblematic record of historical events. Jekyll’s “Life” may offer the reader, this chapter concludes, a moral rather than a literal truth.
Ever since the earliest Arabic writings on medicine we meet treatises on widespread illnesses or crowd diseases, including epidemics. Some of those works discuss the causes and treatment; others deal with the treatment only. This paper is limited to the works that deal with environmental pollution as a cause of such illnesses. They cover subjects like air and water contamination, solid waste mishandling and environmental assessments of certain localities. The treatises reviewed are those written by (1) al-Kindi, (2) Qusta b. Luqa, (3) alRazi, (4) Ibn al-Jazzar, (5) al-Tamimi, (6) Abu Sahl al-Masihi, (7) Ibn Sina, (8) Ali b. Ridwan, (9) Ibn Jumay’, (10) Ya’qub al-Isra’ili, (11) Abdullatif alBaghdadi, (12) Ibn al-Quff and (13) Ibn al-Nafis. Studying the contents of each work shows which authors were merely copying the Greek theory of humours and miasma, and which made genuine contributions to the field. The period covered in the paper is up to the end of the thirteenth century A.D. This is because the Black Death took place in the fourteenth century, and encouraged several authors of that time to write about epidemics and plagues. Other contemporary researchers have studied these later works.