Roger W. Shuy
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195328837
- eISBN:
- 9780199870165
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328837.003.0005
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
Free shuttle buses that are often used to transport clients or customers from one designated location to another are usually not permitted to compete with common carrier transportation. One such ...
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Free shuttle buses that are often used to transport clients or customers from one designated location to another are usually not permitted to compete with common carrier transportation. One such company was accused of violating the state code for picking up nonauthorized customers as it transported people between hotels and casinos. The defendant argued that the wording of the state code was ambiguous and unclear. Semantic analysis of the words “effectively,” “limits,” “customer,” and “trip” framed the linguistic contribution to this case.Less
Free shuttle buses that are often used to transport clients or customers from one designated location to another are usually not permitted to compete with common carrier transportation. One such company was accused of violating the state code for picking up nonauthorized customers as it transported people between hotels and casinos. The defendant argued that the wording of the state code was ambiguous and unclear. Semantic analysis of the words “effectively,” “limits,” “customer,” and “trip” framed the linguistic contribution to this case.
Steven J. Burton
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195337495
- eISBN:
- 9780199868650
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195337495.001.0001
- Subject:
- Law, Law of Obligations
This book examines the American law of contract interpretation in detail. Intended primarily for lawyers, judges, legal scholars, and law students, the book focuses attention on the elements of ...
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This book examines the American law of contract interpretation in detail. Intended primarily for lawyers, judges, legal scholars, and law students, the book focuses attention on the elements of contract interpretation — the evidentiary facts that are legally relevant when interpreting a contract. The book describes and analyzes how courts do and should perform three practical tasks in contract interpretation. First, courts identify the terms to be interpreted (under the parol evidence rule); second, courts decide whether a contract is relevantly ambiguous; third, fact-finders (judges or juries) resolve any ambiguities that appear. The book examines these issues through the lens of three theories that are supposed to tell us how to perform the three tasks to further the goals of contract interpretation. These theories are literalism, objectivism, and subjectivism. In the last chapter, the author makes a novel proposal, which he calls “objective contextual interpretation”.Less
This book examines the American law of contract interpretation in detail. Intended primarily for lawyers, judges, legal scholars, and law students, the book focuses attention on the elements of contract interpretation — the evidentiary facts that are legally relevant when interpreting a contract. The book describes and analyzes how courts do and should perform three practical tasks in contract interpretation. First, courts identify the terms to be interpreted (under the parol evidence rule); second, courts decide whether a contract is relevantly ambiguous; third, fact-finders (judges or juries) resolve any ambiguities that appear. The book examines these issues through the lens of three theories that are supposed to tell us how to perform the three tasks to further the goals of contract interpretation. These theories are literalism, objectivism, and subjectivism. In the last chapter, the author makes a novel proposal, which he calls “objective contextual interpretation”.
Andrea S. Heberlein
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195188370
- eISBN:
- 9780199870462
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195188370.003.0016
- Subject:
- Psychology, Cognitive Neuroscience
This chapter examines a set of related concepts, including judgments of animacy, judgments of agency or intentionality, and anthropomorphizing, focusing on the functional neuroanatomy of each ...
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This chapter examines a set of related concepts, including judgments of animacy, judgments of agency or intentionality, and anthropomorphizing, focusing on the functional neuroanatomy of each process. Anthropomorphizing can be viewed as an illusion: stimuli possessing certain features appear to automatically elicit attributions of mental states and other qualities associated with people, in the face of declarative knowledge that the stimuli are not only not human but, in many cases, inanimate. Studies of illusions are particularly useful in revealing the organization of perceptual processes. The chapter considers studies of anthropomorphizing — that is, the attribution of personhood and person-related features such as emotions, intentions, personality traits, and beliefs to inanimate objects. It gives particular attention to the neural circuitry underlying social attributions based on the kind of minimal stimuli described above, relating these findings to other social processes in which the same neural regions have been implicated. Finally, it proposes a framework relating judgments of animacy, agency or goal, and emotion.Less
This chapter examines a set of related concepts, including judgments of animacy, judgments of agency or intentionality, and anthropomorphizing, focusing on the functional neuroanatomy of each process. Anthropomorphizing can be viewed as an illusion: stimuli possessing certain features appear to automatically elicit attributions of mental states and other qualities associated with people, in the face of declarative knowledge that the stimuli are not only not human but, in many cases, inanimate. Studies of illusions are particularly useful in revealing the organization of perceptual processes. The chapter considers studies of anthropomorphizing — that is, the attribution of personhood and person-related features such as emotions, intentions, personality traits, and beliefs to inanimate objects. It gives particular attention to the neural circuitry underlying social attributions based on the kind of minimal stimuli described above, relating these findings to other social processes in which the same neural regions have been implicated. Finally, it proposes a framework relating judgments of animacy, agency or goal, and emotion.
Jie W Weiss and David J Weiss
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195322989
- eISBN:
- 9780199869206
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195322989.003.0011
- Subject:
- Psychology, Cognitive Psychology
This chapter states the problem of internally contradictory or ambiguous instructions; shows how the specification of costs, payoffs, and exchange rates solves it; and discusses necessary properties ...
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This chapter states the problem of internally contradictory or ambiguous instructions; shows how the specification of costs, payoffs, and exchange rates solves it; and discusses necessary properties of adequate solutions. It argues that unless self-instruction or response to internally contradictory instructions is the problem to be studied, experiments should be designed so that each subject has enough information to resolve ambiguities about how to evaluate the consequences of his own behavior which are inherent in conflicting value dimensions. That means that the subject should have the information about costs and payoffs necessary to evaluate each course of action relative to all others available to him; in other words, if the subject were to be told the probabilities of each possible outcome of each course of action available to him, he should have enough information so that he could then identify unambiguously an optimal strategy (optimal in the sense of maximizing expected value of the final value measure). When an experiment necessarily involves conflicting value dimensions, the conflict can be resolved by specifying exchange rates among the value dimensions which reduce them to a single final value measure.Less
This chapter states the problem of internally contradictory or ambiguous instructions; shows how the specification of costs, payoffs, and exchange rates solves it; and discusses necessary properties of adequate solutions. It argues that unless self-instruction or response to internally contradictory instructions is the problem to be studied, experiments should be designed so that each subject has enough information to resolve ambiguities about how to evaluate the consequences of his own behavior which are inherent in conflicting value dimensions. That means that the subject should have the information about costs and payoffs necessary to evaluate each course of action relative to all others available to him; in other words, if the subject were to be told the probabilities of each possible outcome of each course of action available to him, he should have enough information so that he could then identify unambiguously an optimal strategy (optimal in the sense of maximizing expected value of the final value measure). When an experiment necessarily involves conflicting value dimensions, the conflict can be resolved by specifying exchange rates among the value dimensions which reduce them to a single final value measure.
P. M. Fraser
- Published in print:
- 2009
- Published Online:
- January 2013
- ISBN:
- 9780197264287
- eISBN:
- 9780191753978
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264287.003.0009
- Subject:
- Classical Studies, Literary Studies: Classical, Early, and Medieval
This chapter discusses ambiguous and individual variable ethnics. Although differentiated and ambiguous, place-names and their ethnics are especially a feature of the Hellenistic age, the phenomenon ...
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This chapter discusses ambiguous and individual variable ethnics. Although differentiated and ambiguous, place-names and their ethnics are especially a feature of the Hellenistic age, the phenomenon is also associated with some of the earliest of Greek cities. The phraseology used to differentiate the homonymous cities themselves varied slightly in both literary and epigraphical texts in one of three ways: (a) by the use of the regional ktetic or ethnic; (b) by the use of the genitive of the city or region; (c) by the use of prepositions.Less
This chapter discusses ambiguous and individual variable ethnics. Although differentiated and ambiguous, place-names and their ethnics are especially a feature of the Hellenistic age, the phenomenon is also associated with some of the earliest of Greek cities. The phraseology used to differentiate the homonymous cities themselves varied slightly in both literary and epigraphical texts in one of three ways: (a) by the use of the regional ktetic or ethnic; (b) by the use of the genitive of the city or region; (c) by the use of prepositions.
Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.003.006
- Subject:
- Psychology, Forensic Psychology
The Supreme Court has decided more than 50 appeals relevant to its Miranda ruling since 1966. Though not completely so, the bulk of these decisions has been to restrict the situations and behaviors ...
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The Supreme Court has decided more than 50 appeals relevant to its Miranda ruling since 1966. Though not completely so, the bulk of these decisions has been to restrict the situations and behaviors for which law enforcement officials are required to give the warnings or are require to honor the response of the suspect. This chap6ter describes four cases that restricted rights in several ways, including permitting police to alter the wording of Miranda rights and permitting them to continue questioning when the defendant makes an ambiguous response regarding the desired presence of an attorney.Less
The Supreme Court has decided more than 50 appeals relevant to its Miranda ruling since 1966. Though not completely so, the bulk of these decisions has been to restrict the situations and behaviors for which law enforcement officials are required to give the warnings or are require to honor the response of the suspect. This chap6ter describes four cases that restricted rights in several ways, including permitting police to alter the wording of Miranda rights and permitting them to continue questioning when the defendant makes an ambiguous response regarding the desired presence of an attorney.
Michael Hawcroft
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199228836
- eISBN:
- 9780191711251
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228836.003.0006
- Subject:
- Literature, World Literature
This chapter deals with Philinte in Le Misanthrope, the long-suffering friend of the foolish and morally ambiguous protagonist Alceste. The play pits these two characters against each other: Alceste ...
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This chapter deals with Philinte in Le Misanthrope, the long-suffering friend of the foolish and morally ambiguous protagonist Alceste. The play pits these two characters against each other: Alceste promoting the interests of absolute truth and sincerity, and Philinte the need for a degree of accommodation to the ways of society. The perennial problem is that of knowing which attitude the play seems to favor. The chapter argues that the problem is unresolved in the play, but that those critics who have undermined Philinte's view by seeking to turn him into an object of ridicule have not sufficiently taken into account the endlessly patient friendship he shows to Alceste. The play concentrates on generating comic structures rather than solving moral dilemmas.Less
This chapter deals with Philinte in Le Misanthrope, the long-suffering friend of the foolish and morally ambiguous protagonist Alceste. The play pits these two characters against each other: Alceste promoting the interests of absolute truth and sincerity, and Philinte the need for a degree of accommodation to the ways of society. The perennial problem is that of knowing which attitude the play seems to favor. The chapter argues that the problem is unresolved in the play, but that those critics who have undermined Philinte's view by seeking to turn him into an object of ridicule have not sufficiently taken into account the endlessly patient friendship he shows to Alceste. The play concentrates on generating comic structures rather than solving moral dilemmas.
Sandra L. Bloom and Brian Farragher
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195374803
- eISBN:
- 9780199865420
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374803.003.0012
- Subject:
- Social Work, Health and Mental Health
Because the existing mental model for organizations is based on notions of rationality, control and social engineering, the human reactions to loss of attachments is given little recognition. ...
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Because the existing mental model for organizations is based on notions of rationality, control and social engineering, the human reactions to loss of attachments is given little recognition. Nonetheless, loss, grief, traumatic loss have become commonplace components of human service environments. When this is occurring, staff feel increasingly angry, demoralized, helpless and hopeless about the people they are working to serve: they become “burned out”. All change involves loss, but without an ability to acknowledge, honor and work through repetitive loss, organizations are likely to develop ever-increasing problems and a powerful tendency to repeat ineffective strategies. This reenactment behavior can ultimately lead to organizational decline and even organizational death. This chapter deals with these issues at length, including the disturbing idea that the broader society may have unconsciously set up the social service sector to actually be successful failures.Less
Because the existing mental model for organizations is based on notions of rationality, control and social engineering, the human reactions to loss of attachments is given little recognition. Nonetheless, loss, grief, traumatic loss have become commonplace components of human service environments. When this is occurring, staff feel increasingly angry, demoralized, helpless and hopeless about the people they are working to serve: they become “burned out”. All change involves loss, but without an ability to acknowledge, honor and work through repetitive loss, organizations are likely to develop ever-increasing problems and a powerful tendency to repeat ineffective strategies. This reenactment behavior can ultimately lead to organizational decline and even organizational death. This chapter deals with these issues at length, including the disturbing idea that the broader society may have unconsciously set up the social service sector to actually be successful failures.
Michael Clark
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562343
- eISBN:
- 9780191721441
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562343.003.0001
- Subject:
- History, British and Irish Modern History
This introductory chapter discusses issues of modern Jewish identity and definition. Specifically, it explores how emancipation in Europe's nation states dissolved traditional patterns of Jewish ...
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This introductory chapter discusses issues of modern Jewish identity and definition. Specifically, it explores how emancipation in Europe's nation states dissolved traditional patterns of Jewish life, and forced Jewish communities to confront modernity and previously inaccessible modes of existence. The ambivalent and ambiguous impacts this had on Jewish identity are highlighted. The chapter also reviews the state of historiography on Anglo-Jewry, and, in particular, on the community's reaction to equality and immediate post-emancipation existence. The state of historical source material on Anglo-Jewry is briefly surveyed before the structure of the book is outlined.Less
This introductory chapter discusses issues of modern Jewish identity and definition. Specifically, it explores how emancipation in Europe's nation states dissolved traditional patterns of Jewish life, and forced Jewish communities to confront modernity and previously inaccessible modes of existence. The ambivalent and ambiguous impacts this had on Jewish identity are highlighted. The chapter also reviews the state of historiography on Anglo-Jewry, and, in particular, on the community's reaction to equality and immediate post-emancipation existence. The state of historical source material on Anglo-Jewry is briefly surveyed before the structure of the book is outlined.
Michael Clark
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562343
- eISBN:
- 9780191721441
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562343.003.0002
- Subject:
- History, British and Irish Modern History
This chapter provides historical background on the Jewish experience in modern Britain. Surveying the history of the minority from the mid-17th century Resettlement to the mid-19th century campaign ...
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This chapter provides historical background on the Jewish experience in modern Britain. Surveying the history of the minority from the mid-17th century Resettlement to the mid-19th century campaign to achieve emancipation, it reviews and outlines the basis of Anglo-Jewish settlement, community formation, and identity. It also explores the context and content of the emancipation debate in Britain from both the Jewish and Gentile perspective. Discussing the impact this had on Anglo-Jewish identity, it introduces the essentially ambiguous nature of the subculture's equality. Emancipation is established as a ‘symbolic point of departure’ for British Jews, not necessarily a hard-and-fast historical discontinuity but a milestone inaugurating a new phase.Less
This chapter provides historical background on the Jewish experience in modern Britain. Surveying the history of the minority from the mid-17th century Resettlement to the mid-19th century campaign to achieve emancipation, it reviews and outlines the basis of Anglo-Jewish settlement, community formation, and identity. It also explores the context and content of the emancipation debate in Britain from both the Jewish and Gentile perspective. Discussing the impact this had on Anglo-Jewish identity, it introduces the essentially ambiguous nature of the subculture's equality. Emancipation is established as a ‘symbolic point of departure’ for British Jews, not necessarily a hard-and-fast historical discontinuity but a milestone inaugurating a new phase.
Aoileann Ní Mhurchú
- Published in print:
- 2014
- Published Online:
- May 2015
- ISBN:
- 9780748692774
- eISBN:
- 9781474406499
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748692774.001.0001
- Subject:
- Political Science, Political Theory
Citizenship is widely understood in binary statist terms: inclusion/exclusion, past/present, particularism/universalism, with the emphasis on how globalisation brings such binaries into sharp focus ...
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Citizenship is widely understood in binary statist terms: inclusion/exclusion, past/present, particularism/universalism, with the emphasis on how globalisation brings such binaries into sharp focus and exacerbates them. This book highlights the limitations of this position and of current debate, and explores the possibility that citizenship is being reconfigured in contemporary political life beyond binary state-oriented categories. Aoileann Ní Mhurchú uses critical resources found in poststructural, psychoanalytic and postcolonial thought to think in new ways about citizenship-subjectivity in a globalized world, drawing on a range of thinkers including Julia Kristeva, Homi Bhabha and Michel Foucault. Using the 2004 Irish Citizenship Referendum as a lens and focusing on experiences of intergenerational migrants (the children born to migrants), she highlights the necessity of a more sophisticated understanding of citizenship which takes into account how some people get caught between state-sovereign categories, and provides a robust theoretical discussion about how citizenship increasingly involves overlapping, ambiguous traces of us and them, inclusion and exclusion, particularism and universalism which confound easy categorisation. In doing so it raises questions about how citizenship is understood in time and space. In this way Ambiguous Citizenship in an Age of Global Migration contributes to the growing and dynamic interdisciplinary field of critical citizenship studies (CCS), which explores new forms of political identity and belonging in a globalising world.Less
Citizenship is widely understood in binary statist terms: inclusion/exclusion, past/present, particularism/universalism, with the emphasis on how globalisation brings such binaries into sharp focus and exacerbates them. This book highlights the limitations of this position and of current debate, and explores the possibility that citizenship is being reconfigured in contemporary political life beyond binary state-oriented categories. Aoileann Ní Mhurchú uses critical resources found in poststructural, psychoanalytic and postcolonial thought to think in new ways about citizenship-subjectivity in a globalized world, drawing on a range of thinkers including Julia Kristeva, Homi Bhabha and Michel Foucault. Using the 2004 Irish Citizenship Referendum as a lens and focusing on experiences of intergenerational migrants (the children born to migrants), she highlights the necessity of a more sophisticated understanding of citizenship which takes into account how some people get caught between state-sovereign categories, and provides a robust theoretical discussion about how citizenship increasingly involves overlapping, ambiguous traces of us and them, inclusion and exclusion, particularism and universalism which confound easy categorisation. In doing so it raises questions about how citizenship is understood in time and space. In this way Ambiguous Citizenship in an Age of Global Migration contributes to the growing and dynamic interdisciplinary field of critical citizenship studies (CCS), which explores new forms of political identity and belonging in a globalising world.
Steven J. Burton
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195337495
- eISBN:
- 9780199868650
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195337495.003.0004
- Subject:
- Law, Law of Obligations
This chapter considers the question of ambiguity. Under the plain meaning rule, an unambiguous contract will be given its unambiguous meaning as a matter of law. When determining whether a contract ...
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This chapter considers the question of ambiguity. Under the plain meaning rule, an unambiguous contract will be given its unambiguous meaning as a matter of law. When determining whether a contract is unambiguous, most courts consider the contract on its face, excluding parol evidence and giving the words their ordinary meaning(s). Other courts consider the contract's context before deciding whether the contract is ambiguous. A few authorities would dispense with the question of ambiguity as a distinct task in contract interpretation. The law of civil procedure, however, thrusts the question of ambiguity into contract law. If a contract is unambiguous, there is no material question of fact for a fact-finder to determine upon a trial. Summary judgment or a comparable motion then is appropriate.Less
This chapter considers the question of ambiguity. Under the plain meaning rule, an unambiguous contract will be given its unambiguous meaning as a matter of law. When determining whether a contract is unambiguous, most courts consider the contract on its face, excluding parol evidence and giving the words their ordinary meaning(s). Other courts consider the contract's context before deciding whether the contract is ambiguous. A few authorities would dispense with the question of ambiguity as a distinct task in contract interpretation. The law of civil procedure, however, thrusts the question of ambiguity into contract law. If a contract is unambiguous, there is no material question of fact for a fact-finder to determine upon a trial. Summary judgment or a comparable motion then is appropriate.
Steven J. Burton
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195337495
- eISBN:
- 9780199868650
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195337495.003.0006
- Subject:
- Law, Law of Obligations
This chapter presents and justifies a normative theory of contract interpretation. It considers the three tasks of contract interpretation in terms of the relevant goals in order to determine which ...
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This chapter presents and justifies a normative theory of contract interpretation. It considers the three tasks of contract interpretation in terms of the relevant goals in order to determine which theories should guide performance of each task. In brief, the chapter endorses the parol evidence and four corners rules for identifying a written contract's terms. It endorses objectivism for determining whether a contract term is ambiguous. It also endorses objectivism when a fact-finder resolves any ambiguity that appears. Together, the theory constitutes “objective contextual interpretation.” The chapter concludes with a brief defense of a pluralist theory of contracts, which is the kind of theory that underlies this book.Less
This chapter presents and justifies a normative theory of contract interpretation. It considers the three tasks of contract interpretation in terms of the relevant goals in order to determine which theories should guide performance of each task. In brief, the chapter endorses the parol evidence and four corners rules for identifying a written contract's terms. It endorses objectivism for determining whether a contract term is ambiguous. It also endorses objectivism when a fact-finder resolves any ambiguity that appears. Together, the theory constitutes “objective contextual interpretation.” The chapter concludes with a brief defense of a pluralist theory of contracts, which is the kind of theory that underlies this book.
Justin Willis
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198203209
- eISBN:
- 9780191675782
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203209.003.0006
- Subject:
- History, World Modern History
This chapter describes how the legal aspects of land ownership on the coast were confused by the ambiguous status of the area. Theoretically, the coast was the domain of the Sultan of Zanzibar, it ...
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This chapter describes how the legal aspects of land ownership on the coast were confused by the ambiguous status of the area. Theoretically, the coast was the domain of the Sultan of Zanzibar, it remained so after 1921, when the rest of Kenya became a colony. Muslim inhabitants of the area were governed according to Muslim law. Elsewhere in East Africa, the British administration held that land belonged to no individual, but rather it belonged to either certain groups as a communal possession or to nobody at all. On the coast, the problems raised by private ownership were intensified by the imprecision of the boundaries involved. After the declaration in 1895 of the British Protectorate, there was for several years no system of land registration or survey. The absence of registration coincided with a considerable boom in land sales.Less
This chapter describes how the legal aspects of land ownership on the coast were confused by the ambiguous status of the area. Theoretically, the coast was the domain of the Sultan of Zanzibar, it remained so after 1921, when the rest of Kenya became a colony. Muslim inhabitants of the area were governed according to Muslim law. Elsewhere in East Africa, the British administration held that land belonged to no individual, but rather it belonged to either certain groups as a communal possession or to nobody at all. On the coast, the problems raised by private ownership were intensified by the imprecision of the boundaries involved. After the declaration in 1895 of the British Protectorate, there was for several years no system of land registration or survey. The absence of registration coincided with a considerable boom in land sales.
Lackland H. Bloom
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195377118
- eISBN:
- 9780199869510
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195377118.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This chapter provides a detailed discussion of several of the primary interpretive canons that the Court has employed throughout its history in discerning constitutional meaning from the text. In ...
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This chapter provides a detailed discussion of several of the primary interpretive canons that the Court has employed throughout its history in discerning constitutional meaning from the text. In particular it discusses canons disapproving of strict construction, favoring plain meaning, appreciating legal terms of art, construing ambiguous language and multiple meanings, avoiding surplus and redundancy, drawing a negative inference from affirmative text, defining a power by its exceptions, and focusing on the precise words of the document.Less
This chapter provides a detailed discussion of several of the primary interpretive canons that the Court has employed throughout its history in discerning constitutional meaning from the text. In particular it discusses canons disapproving of strict construction, favoring plain meaning, appreciating legal terms of art, construing ambiguous language and multiple meanings, avoiding surplus and redundancy, drawing a negative inference from affirmative text, defining a power by its exceptions, and focusing on the precise words of the document.
Steven Vanderputten
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781501715945
- eISBN:
- 9781501715976
- Item type:
- book
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9781501715945.001.0001
- Subject:
- History, European Medieval History
The two-and-a-half centuries between 800 and 1050 are commonly viewed as a 'dark age' in the history of women's monasticism. Dark, in the sense that the realities of life in and around the cloister ...
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The two-and-a-half centuries between 800 and 1050 are commonly viewed as a 'dark age' in the history of women's monasticism. Dark, in the sense that the realities of life in and around the cloister are difficult to access: the primary evidence is extremely fragmented; the context is ill-understood; and scholars’ findings are scattered across a multitude of case studies. But dark also in the sense that, according to the dominant academic narrative, women's monasticism suffered from the catastrophic disempowerment of its members, the progressive ‘secularization’ of its institutions, and - barring a few exceptions - the precipitous decline of intellectual and spiritual life.
Based on a study of forty institutions in Lotharingia – a multi-lingual, politically and culturally diverse region in the heart of Western Europe – this book dismantles the common view of women religious in this period as the disempowered, at times even disinterested, witnesses to their own lives. Drawing on a wide range of primary sources, it highlights their attempts - and those of the men and women sympathetic to their cause - to construct localized narratives of self, nurture beneficial relations with their environment, and remain involved in shaping the attitudes and behaviors of the laity.Less
The two-and-a-half centuries between 800 and 1050 are commonly viewed as a 'dark age' in the history of women's monasticism. Dark, in the sense that the realities of life in and around the cloister are difficult to access: the primary evidence is extremely fragmented; the context is ill-understood; and scholars’ findings are scattered across a multitude of case studies. But dark also in the sense that, according to the dominant academic narrative, women's monasticism suffered from the catastrophic disempowerment of its members, the progressive ‘secularization’ of its institutions, and - barring a few exceptions - the precipitous decline of intellectual and spiritual life.
Based on a study of forty institutions in Lotharingia – a multi-lingual, politically and culturally diverse region in the heart of Western Europe – this book dismantles the common view of women religious in this period as the disempowered, at times even disinterested, witnesses to their own lives. Drawing on a wide range of primary sources, it highlights their attempts - and those of the men and women sympathetic to their cause - to construct localized narratives of self, nurture beneficial relations with their environment, and remain involved in shaping the attitudes and behaviors of the laity.
Steven Vanderputten
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781501715945
- eISBN:
- 9781501715976
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9781501715945.003.0008
- Subject:
- History, European Medieval History
The conclusions summarize the contents of the preceding chapters, and provide an outlook on the implications for future research.
The conclusions summarize the contents of the preceding chapters, and provide an outlook on the implications for future research.
Rachel Harrison
- Published in print:
- 2010
- Published Online:
- September 2011
- ISBN:
- 9789622091214
- eISBN:
- 9789882207493
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789622091214.003.0001
- Subject:
- History, Asian History
This introductory chapter investigates the ways of drawing Siam/Thailand into potential comparative debate with a broader, global field via an engagement with postcolonial thought. It examines the ...
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This introductory chapter investigates the ways of drawing Siam/Thailand into potential comparative debate with a broader, global field via an engagement with postcolonial thought. It examines the issues at play in the ambiguous allure that the West has generated for Siam/Thailand in the development of new cultural identities post-1850.Less
This introductory chapter investigates the ways of drawing Siam/Thailand into potential comparative debate with a broader, global field via an engagement with postcolonial thought. It examines the issues at play in the ambiguous allure that the West has generated for Siam/Thailand in the development of new cultural identities post-1850.
Woo kyoung Ahn, Jessecae K. Marsh, and Christian C. Luhmann
- Published in print:
- 2007
- Published Online:
- April 2010
- ISBN:
- 9780195176803
- eISBN:
- 9780199958511
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195176803.003.0018
- Subject:
- Psychology, Developmental Psychology
Many models of causal induction are based on covariation information, which depicts whether the presence or absence of an event co-occurs with the presence or absence of another event. In all ...
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Many models of causal induction are based on covariation information, which depicts whether the presence or absence of an event co-occurs with the presence or absence of another event. In all covariation-based models of causal induction, events that are classified as the same type play an identical role throughout learning. This chapter reviews three sets of studies demonstrating that people treat the same type of evidence differently depending on at what point during learning the evidence is presented. The major thesis is that people develop a hypothesis about causal relations based on a few pieces of initial evidence and interpret the subsequent data in light of this hypothesis. Thus, depending on what the initial hypothesis is and when the data are presented, the identical data can play different roles. Such dynamic interpretations of data result in the primacy effect, varying inferences about unobserved, alternative causes, and the context-dependent interpretations of ambiguous stimuli.Less
Many models of causal induction are based on covariation information, which depicts whether the presence or absence of an event co-occurs with the presence or absence of another event. In all covariation-based models of causal induction, events that are classified as the same type play an identical role throughout learning. This chapter reviews three sets of studies demonstrating that people treat the same type of evidence differently depending on at what point during learning the evidence is presented. The major thesis is that people develop a hypothesis about causal relations based on a few pieces of initial evidence and interpret the subsequent data in light of this hypothesis. Thus, depending on what the initial hypothesis is and when the data are presented, the identical data can play different roles. Such dynamic interpretations of data result in the primacy effect, varying inferences about unobserved, alternative causes, and the context-dependent interpretations of ambiguous stimuli.
Vincent L. Stephens
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9780252042805
- eISBN:
- 9780252051661
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5622/illinois/9780252042805.003.0005
- Subject:
- Music, Popular
This chapter explores how Johnny Mathis launched his career successfully by maneuvering the racial and gender norms of the 1950s. Through projecting a culturally respectable, sexually neutral, and ...
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This chapter explores how Johnny Mathis launched his career successfully by maneuvering the racial and gender norms of the 1950s. Through projecting a culturally respectable, sexually neutral, and musically inoffensive persona, marked by visual dandyism, he was appealingly ambiguous. Vocally, Mathis’s sweet tenor sound was somewhat unconventional yet soothing enough to make him a premier interpreter of love songs. Similarly, though jazz, R&B and pop crooning influenced him, his “raceless” sound helped him appeal across races and ages. Culturally, Mathis adheres to the “race man” persona prominent among postwar black male celebrities, but his muted politics and lack of a romantic relationship helped him avoid scandals. His queer black dandy persona has parallels among other performers including Bobby Short and Luther Vandross.Less
This chapter explores how Johnny Mathis launched his career successfully by maneuvering the racial and gender norms of the 1950s. Through projecting a culturally respectable, sexually neutral, and musically inoffensive persona, marked by visual dandyism, he was appealingly ambiguous. Vocally, Mathis’s sweet tenor sound was somewhat unconventional yet soothing enough to make him a premier interpreter of love songs. Similarly, though jazz, R&B and pop crooning influenced him, his “raceless” sound helped him appeal across races and ages. Culturally, Mathis adheres to the “race man” persona prominent among postwar black male celebrities, but his muted politics and lack of a romantic relationship helped him avoid scandals. His queer black dandy persona has parallels among other performers including Bobby Short and Luther Vandross.
