To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
In 1978, a small island was discovered north of Kaffeklubben Ø, until then considered the most northern island on Earth. This island was named Oodaaq Ø. It was visited again in 1979, and in 1980 it was seen from Kaffeklubben Ø by members of the Sirius sledge patrol. Sirius searched for Oodaaq Ø again from 1981 to 1984 but did not find it. During the period from 1996 to 2008, the region was visited regularly and a number of new islets were discovered: the 1996 ATOW Island, KMS Island, 2001 RTOW Island, 83-42 Island, Stray Dog West Island and the 2008 Island. The islets are composed of gravel. We believe the area with islets is shallow, being a continuation of a coastal plain to the south. We suggest that the sea floor in the area is irregular and that the islets form by floes of sea ice that bulldoze material from the sea floor up above sea level. In some cases, perhaps all, the islets disappear when sea ice floes bulldoze sediment back below sea level. Alternatively, the so-called islets are just accumulations of gravel on sea ice.
This article contributes to our knowledge about the prosodic realisation of rhetorical questions (RQs) as compared to information-seeking questions (ISQs). It reports on a production experiment testing the prosody of English wh- and polar RQs and ISQs in a Canadian variety. In previous literature, the contribution of prosody to the distinction between the two illocution types has often been limited to the intonational realisation of the terminus of the utterance, i.e. whether it ends in a rise or a fall. Along with edge tones, we tested other phonological and phonetic parameters. Our results are as follows: (i) The intonational terminus was distinctive only for polar questions (rise vs plateau), not for wh-questions (low throughout). (ii) Moreover, the semantic difference between RQs and ISQs is signalled by pitch accents. It is reflected in nuclear pitch accent type for wh-questions, and accent type and position for polar questions. (iii) Phonetically, RQs are produced with longer constituent durations and – for wh-questions – a softer voice quality in the wh-word. Taken together, several intonational categories and phonetic parameters contribute to the distinction between RQs and ISQs. A simple distinction between rising and falling intonation is in any case insufficient.
Sidgwick's seminal text The Methods of Ethics left off with an unresolved problem that Sidgwick referred to as the dualism of practical reason. The problem is that employing Sidgwick's methodology of rational intuitionism appears to show that there are reasons to favour both egoism and utilitarianism. Katarzyna de Lazari-Radek and Peter Singer offer a solution in the form of an evolutionary debunking argument: the appeal of egoism is explainable in terms of evolutionary theory. I argue that like rational prudence, rational benevolence is subject to debunking arguments and so problematic, but also – and more importantly – that debunking arguments are irrelevant in the debate over the dualism of practical reason on the view of reason and rational intuitionism that Lazari-Radek and Singer embrace. Either both egoism and utilitarianism are debunked, or neither are. If I am right, Sidgwick's dualism is left standing.
In 2017, France established a due diligence statutory obligation for French parent companies to monitor extraterritorial human rights and environmental abuses committed by their off-shore affiliates. Switzerland is also considering adopting a similar law for Swiss parent companies. These obligations are comparable to the duty of care that, according to recent case law, British parent companies owe towards their subsidiaries’ neighbours. This article compares and contrasts the newly introduced French due diligence statutory obligation, the UK precedents, and two alternative Swiss legislative proposals on the due diligence and duty of care of parent companies.
In the late 1930s, three mobile penal camps were established in the French colony of Senegal in order to assemble convicts with long sentences and compel them to work outside the prison. Senegalese penal camps were thus a place both of confinement and of circulation for convicts who constantly moved out of the prison to work on the roads. This article argues that the penal camps were spaces of multiple and antagonistic forms of mobility that blurred the divide between the “inside” and the “outside” world. The mobility of penal camps played a key role in the hazardous living and working conditions that penal labourers experienced. However, convict labourers were not unresponsive and a range of protests emerged, from breakout to self-mutilation. These individual and intentional forms of mobility and immobility threw a spanner in the works of the day-to-day functioning of Senegalese penal camps and, more broadly, in the colonial project of mise en valeur.
The article assesses recent attempts to deflect two persistent objections to Positive Egalitarianism (PE), the view that equality adds to the goodness of a state of affairs. The first says that PE entails bringing into existence individuals who are equal to each other in leading horrible lives, such that they are worth not living. I assess three strategies for deflecting this objection: offering a restricted version of PE; biting the bullet; and pressing a levelling out counter-objection. The second objection points out that for any world A containing many individuals all leading very satisfying lives, and in perfect equality, PE prefers a much larger, perfectly equal population Z with much lower (yet positive) well-being. I review two main strategies for avoiding this Repellent Conclusion: a Capped Model and making egalitarianism sensitive to welfare levels. Both solutions, I show, are worse than the problems they are meant to solve.
This article examines evidence for community among immigrants in ancient Transtiberim (modern Trastevere), a section of Rome that was both socially and spatially distinctive for much of the city's history. The only part of Rome located on the west bank of the Tiber River, Transtiberim was the heart of Rome's Jewish and Syrian communities. These immigrants and their descendants maintained certain traditions, languages and customs from home; participated in civic institutions that helped foster community at the local level; and laboured in institutions that were vital to the capital's urban economy. Though marginal in some ways, Transtiberim was also a neighbourhood where immigrants and their descendants found community and made vital contributions to the life of the imperial city.
The current law in England and Wales adopts a no-property approach to cadavers and separated bodily parts; paradoxically, it affords proprietary protection to tissue users at the expense of tissue sources. Non-proprietary frameworks hardly offer effective legal redress to tissue sources. Potentially, the law could offer tissue sources a mix of proprietary and non-proprietary remedies. Drawing from the work of the famous anthropologist, Marilyn Strathern, I argue that such a flexible and eclectic approach might be facilitated by the concept of duplex, an analytical tool that promotes divergent thinking and paradoxical conceptions of a given issue. I argue that while the no-property rule reflects a duplex on bodily parts, the duplex is narrow and ought to be conceptualised more broadly to cover the claims of tissue sources.
Contemporary Western legal systems allow any individual to serve as a witness and to testify in court. However, in legal regimes from late antiquity we find strict limitations on the eligibility of certain types of people to serve as witnesses. Some of the lists of disqualified witnesses are very particular, thus inviting explanation of the reasons for the specific rules of disqualification. Such is the case regarding both Jewish and Roman rules of disqualification, which are the topic of this paper. Tannaitic halakha, composed in Roman Palestine between the first and third centuries CE, includes a list of four characters disqualified from giving testimony, which has long defied interpretation: “a dice player, a usurer, pigeon flyers, and traders in Seventh Year produce”. This paper offers a novel approach to the study of this list, suggesting that the rabbis drew on the Roman legal institution of infamia when constructing their own laws regarding disqualified witnesses. Beyond solving a puzzle relating to Jewish law, the paper also sheds light on the inner logic of Roman law, maintaining that Jewish and Roman rules of disqualified witnesses are commonly grounded in an ethics of self-control. By drawing attention to this previously unnoted theoretical subtext, the paper contributes to a missing chapter in the global history of evidence admissibility rules.
This essay considers how the cultural authority of the constitutional Founding became legal authority in antebellum America. Examining a series of cases implicating the constitutional politics of slavery, it illustrates how legal professionals grasped the public power of constitutional origin stories. To produce meanings and legitimate rulings, lawyers and judges wrote and reproduced narratives about slavery at the Founding, converting ascriptions of original constitutional visions in formal constitutional law. This power derived from the ongoing popular construction of the Founding as a venerated and authoritative moment containing unwritten intentions, understandings, and promises binding upon subsequent generations. The essay argues that these developments belong to the deep history of originalism. By approaching originalism as a form of constitutional politics integrating public memory culture and legal reasoning, the essay locates the central public and juridical dynamics of originalism emerging in struggles over the constitutional identity of slavery.
In the past two decades, increasing attention has been paid to the significance of the fiscal capacity of the premodern state to promote or retard economic growth. In particular, scholarship on economic history has stressed the positive impact the emergence of the “fiscal state” had in enhancing economic growth in early modern Europe. Comparative studies have contrasted the administrative efficiency of the emerging European fiscal state with contemporary Asian empires (the Ottomans, Mughals, and the Ming and Qing empires in China). But the Ming-Qing state represents only one version of Chinese state formation under the Chinese empire. This article identifies four basic types of fiscal state that appeared between the Qin unification and the Ming-Qing era, analyzes their ideological foundations, and assesses their implications for economic growth.
This article examines the international legitimacy of unilateral dam development in an international watercourse from the perspective of international water law. Drawing upon technical analysis over the Harirud River Basin, the article discusses probable negative impacts of unilateral dam development in Afghanistan on downstream Iran and Turkmenistan. Competing claims are analyzed to assess emerging transboundary damage under customary international water law. Applying these insights to the case study, this article explores how legal norms and principles can contribute to transboundary water cooperation. It investigates how equitable and reasonable utilization, as required by the United Nations Watercourse Convention, could be reached and whether current activities are in conformity with international norms. Based on this analysis and in the light of international customary law, the article questions the compatibility of unilateral control and capture of water resources in Afghanistan, particularly through the Salma Dam, with ‘equitable and reasonable utilization’ and ‘no significant harm’ rules. The article also argues that building the Salma Dam results in significant transboundary harm to downstream states. Hence, such harm could be considered as significant transboundary damage. Conclusions point to an understanding of water law as a form of institutional guidance in order to provide a transparent setting for transboundary water cooperation among riparian states.
The International Trade Union Committee of Negro Workers (ITUCNW) was a radical trans-Atlantic network for the propagation of black proletarian internationalism, established by the Red International of Labour Unions in 1928. Its key mastermind was James W. Ford, an African American communist labour union activist who was in charge of the organization and its operations until the autumn of 1931. This article critically highlights Ford's ambitions as well as the early phase of the organization. Both in terms of its agenda and objective as well as in its outreach among black workers in the Black Atlantic, the ITUCNW and its main propagators stressed the “class-before-race” argument of the Comintern rather than the pan-Africanist “race-before-class” approach. This is not surprising as the ITUCNW was one of the organizations that had been established when the Comintern and the RILU had started to apply the “class-against-class” doctrine, which left no room for cooperation between communists and radical pan-Africanists.
This article examines legislative changes related to abortion regulation in Australia that create obligations of medical referral on practitioners who have a conscientious objection to abortion. Despite a significant Australian history of accepting secularized conscience claims, particularly in the field of military conscription, the limitation of conscience claims about abortion can be traced to a failure to appreciate the significant secular arguments that can be made to support such claims. We draw on arguments of plurality and pragmatism as capable of providing a firm foundation for legislative protections of freedom of conscience in the case of medical referral for abortion. These justifications are not dependent on religious grounds, and therefore they have the potential to be relevant and persuasive in a secular society such as Australia. Acceptance of a pluralistic argument in favor of freedom of conscience is a powerful commitment to the creation of a society that values human autonomy and a diversity of opinion. It sits comfortably with the democratic values that are enshrined in the Australian political system and institutions. It avoids the potential damage to the individual that may be wrought when conscience is overridden by state compulsion.