Rob H. Bisseling
- Published in print:
- 2004
- Published Online:
- September 2007
- ISBN:
- 9780198529392
- eISBN:
- 9780191712869
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198529392.001.0001
- Subject:
- Mathematics, Applied Mathematics
This book explains the use of the bulk synchronous parallel (BSP) model and the BSPlib communication library in parallel algorithm design and parallel programming. The main topics treated in the book ...
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This book explains the use of the bulk synchronous parallel (BSP) model and the BSPlib communication library in parallel algorithm design and parallel programming. The main topics treated in the book are central to the area of scientific computation: solving dense linear systems by Gaussian elimination, computing fast Fourier transforms, and solving sparse linear systems by iterative methods based on sparse matrix-vector multiplication. Each topic is treated in depth, starting from the problem formulation and a sequential algorithm, through a parallel algorithm and its cost analysis, to a complete parallel program written in C and BSPlib, and experimental results obtained using this program on a parallel computer. Throughout the book, emphasis is placed on analyzing the cost of the parallel algorithms developed, expressed in three terms: computation cost, communication cost, and synchronization cost. The book contains five example programs written in BSPlib, which illustrate the methods taught. These programs are freely available as the package BSPedupack. An appendix on the message-passing interface (MPI) discusses how to program in a structured, bulk synchronous parallel style using the MPI communication library, and presents MPI equivalents of all the programs in the book.Less
This book explains the use of the bulk synchronous parallel (BSP) model and the BSPlib communication library in parallel algorithm design and parallel programming. The main topics treated in the book are central to the area of scientific computation: solving dense linear systems by Gaussian elimination, computing fast Fourier transforms, and solving sparse linear systems by iterative methods based on sparse matrix-vector multiplication. Each topic is treated in depth, starting from the problem formulation and a sequential algorithm, through a parallel algorithm and its cost analysis, to a complete parallel program written in C and BSPlib, and experimental results obtained using this program on a parallel computer. Throughout the book, emphasis is placed on analyzing the cost of the parallel algorithms developed, expressed in three terms: computation cost, communication cost, and synchronization cost. The book contains five example programs written in BSPlib, which illustrate the methods taught. These programs are freely available as the package BSPedupack. An appendix on the message-passing interface (MPI) discusses how to program in a structured, bulk synchronous parallel style using the MPI communication library, and presents MPI equivalents of all the programs in the book.
Hazel Carty
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199546749
- eISBN:
- 9780191594946
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546749.001.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
The economic torts for too long have been under-theorised and under-explored by academics and the judiciary alike. Also in recent years claimants have exploited the resulting chaos by attempting to ...
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The economic torts for too long have been under-theorised and under-explored by academics and the judiciary alike. Also in recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This book attempts to provide practical legal research to both explore the ingredients of all these torts — both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood, and passing off) — and their rationales. In addition, an optimum framework for these torts is suggested. However, that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. These decisions and the conflict of policy that appears to lie behind them reveal different agendas for the future development of the general economic torts. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. The thesis of this book remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.Less
The economic torts for too long have been under-theorised and under-explored by academics and the judiciary alike. Also in recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This book attempts to provide practical legal research to both explore the ingredients of all these torts — both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood, and passing off) — and their rationales. In addition, an optimum framework for these torts is suggested. However, that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. These decisions and the conflict of policy that appears to lie behind them reveal different agendas for the future development of the general economic torts. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. The thesis of this book remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.
Marc Mézard and Andrea Montanari
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780198570837
- eISBN:
- 9780191718755
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198570837.001.0001
- Subject:
- Physics, Theoretical, Computational, and Statistical Physics
This book presents a unified approach to a rich and rapidly evolving research domain at the interface between statistical physics, theoretical computer science/discrete mathematics, and ...
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This book presents a unified approach to a rich and rapidly evolving research domain at the interface between statistical physics, theoretical computer science/discrete mathematics, and coding/information theory. The topics which have been selected, including spin glasses, error correcting codes, satisfiability, are central to each field. The approach focuses on the limit of large random instances, adopting a common formulation in terms of graphical models. It presents message passing algorithms like belief propagation and survey propagation, and their use in decoding and constraint satisfaction solving. It also explains analysis techniques like density evolution and the cavity method, and uses them to derive phase diagrams and study phase transitions.Less
This book presents a unified approach to a rich and rapidly evolving research domain at the interface between statistical physics, theoretical computer science/discrete mathematics, and coding/information theory. The topics which have been selected, including spin glasses, error correcting codes, satisfiability, are central to each field. The approach focuses on the limit of large random instances, adopting a common formulation in terms of graphical models. It presents message passing algorithms like belief propagation and survey propagation, and their use in decoding and constraint satisfaction solving. It also explains analysis techniques like density evolution and the cavity method, and uses them to derive phase diagrams and study phase transitions.
Philip Stratton-Lake and Brad Hooker
- Published in print:
- 2006
- Published Online:
- May 2010
- ISBN:
- 9780199269914
- eISBN:
- 9780191710032
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199269914.003.0008
- Subject:
- Philosophy, Moral Philosophy, General
This chapter offers a partial defence of Scanlon's buck-passing account of the relation between base properties, goodness, and practical reasons. Jonathan Dancy and Roger Crisp have both argued that ...
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This chapter offers a partial defence of Scanlon's buck-passing account of the relation between base properties, goodness, and practical reasons. Jonathan Dancy and Roger Crisp have both argued that even if Scanlon's buck-passing account is superior to the Moorean account, there are other contending accounts that Scanlon does not consider. Against Dancy and Crisp, Stratton–Lake and Hooker argue that these proposed accounts, although genuine alternatives to the Moorean and buck-passing accounts, are nevertheless deeply problematic and do nothing to harm the case for Scanlon's account. Regarding Scanlon's two arguments, the authors find that the parsimony argument, once clarified, does offer some support for the buck-passing view, but that the appeal to value pluralism does not. Finally, they defend Scanlon's account against an ‘open question’ worry about the relation between the fact that something has reason-giving properties and its goodness.Less
This chapter offers a partial defence of Scanlon's buck-passing account of the relation between base properties, goodness, and practical reasons. Jonathan Dancy and Roger Crisp have both argued that even if Scanlon's buck-passing account is superior to the Moorean account, there are other contending accounts that Scanlon does not consider. Against Dancy and Crisp, Stratton–Lake and Hooker argue that these proposed accounts, although genuine alternatives to the Moorean and buck-passing accounts, are nevertheless deeply problematic and do nothing to harm the case for Scanlon's account. Regarding Scanlon's two arguments, the authors find that the parsimony argument, once clarified, does offer some support for the buck-passing view, but that the appeal to value pluralism does not. Finally, they defend Scanlon's account against an ‘open question’ worry about the relation between the fact that something has reason-giving properties and its goodness.
Todd Lewis and Subarna Tuladhar
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195341829
- eISBN:
- 9780199866816
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195341829.003.0009
- Subject:
- Religion, Hinduism
The poet describes how Siddhārtha chose to leave the palace in order to become a religious mendicant. Although King Shuddhodana tried to entangle the prince in royal life, this is all undone after ...
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The poet describes how Siddhārtha chose to leave the palace in order to become a religious mendicant. Although King Shuddhodana tried to entangle the prince in royal life, this is all undone after the prince sees the “four passing sights”: an old person, the sick, the dead, a mendicant, three visions of suffering and one pointing the way beyond it. In depicting the departure from the palace, the poet follows classical sources in having this occur right after Siddhārtha's son's birth, followed by a long standoff with his father in which Siddhārtha seeks his permission. In the departure scene, the poet has lightning and thunder explain what in the ancient biographies are supernormal forces. The flight on horseback, with his horseman Chandaka, conveys the rich verdant scenery of the monsoon season. The chapter ends as Siddhārtha cuts his hair off, then sends his horse and Chandaka back to Kapilavastu.Less
The poet describes how Siddhārtha chose to leave the palace in order to become a religious mendicant. Although King Shuddhodana tried to entangle the prince in royal life, this is all undone after the prince sees the “four passing sights”: an old person, the sick, the dead, a mendicant, three visions of suffering and one pointing the way beyond it. In depicting the departure from the palace, the poet follows classical sources in having this occur right after Siddhārtha's son's birth, followed by a long standoff with his father in which Siddhārtha seeks his permission. In the departure scene, the poet has lightning and thunder explain what in the ancient biographies are supernormal forces. The flight on horseback, with his horseman Chandaka, conveys the rich verdant scenery of the monsoon season. The chapter ends as Siddhārtha cuts his hair off, then sends his horse and Chandaka back to Kapilavastu.
Julia Sun-Joo Lee
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195390322
- eISBN:
- 9780199776207
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390322.003.0003
- Subject:
- Literature, African-American Literature, 19th-century and Victorian Literature
This chapter examines two of Elizabeth Gaskell's fictions: a gothic short story, “The Grey Woman” (1861), and a provincial novella, My Lady Ludlow (1859). In “The Grey Woman,” Gaskell deploys the ...
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This chapter examines two of Elizabeth Gaskell's fictions: a gothic short story, “The Grey Woman” (1861), and a provincial novella, My Lady Ludlow (1859). In “The Grey Woman,” Gaskell deploys the trope of “passing” to comment on female subjugation and the instability of gender identity, borrowing from the experience of female slave narrators like Harriet Jacobs and Ellen Craft. In My Lady Ludlow, she depicts turn-of-the-century anxieties regarding working-class literacy while evoking mid-century fears over American slave literacy and British working-class reform.Less
This chapter examines two of Elizabeth Gaskell's fictions: a gothic short story, “The Grey Woman” (1861), and a provincial novella, My Lady Ludlow (1859). In “The Grey Woman,” Gaskell deploys the trope of “passing” to comment on female subjugation and the instability of gender identity, borrowing from the experience of female slave narrators like Harriet Jacobs and Ellen Craft. In My Lady Ludlow, she depicts turn-of-the-century anxieties regarding working-class literacy while evoking mid-century fears over American slave literacy and British working-class reform.
Sinead Moynihan
- Published in print:
- 2010
- Published Online:
- July 2012
- ISBN:
- 9780719082290
- eISBN:
- 9781781702727
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719082290.001.0001
- Subject:
- Literature, 20th-century and Contemporary Literature
This book is a full-length study of contemporary American fiction of ‘passing’. It takes as its point of departure the return of racial and gender passing in the 1990s in order to make claims about ...
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This book is a full-length study of contemporary American fiction of ‘passing’. It takes as its point of departure the return of racial and gender passing in the 1990s in order to make claims about wider trends in contemporary American fiction. The book accounts for the return of tropes of passing in fiction by Phillip Roth, Percival Everett, Louise Erdrich, Danzy Senna, Jeffrey Eugenides and Paul Beatty. These writers are attracted to the trope because passing narratives have always foregrounded the notion of textuality in relation to the legibility of black subjects passing as white. The central argument of the book, then, is that contemporary narratives of passing are concerned with articulating and unpacking an analogy between passing and authorship. The book promises to inaugurate dialogue on the relationships between identity, postmodernism and authorship in contemporary American fiction.Less
This book is a full-length study of contemporary American fiction of ‘passing’. It takes as its point of departure the return of racial and gender passing in the 1990s in order to make claims about wider trends in contemporary American fiction. The book accounts for the return of tropes of passing in fiction by Phillip Roth, Percival Everett, Louise Erdrich, Danzy Senna, Jeffrey Eugenides and Paul Beatty. These writers are attracted to the trope because passing narratives have always foregrounded the notion of textuality in relation to the legibility of black subjects passing as white. The central argument of the book, then, is that contemporary narratives of passing are concerned with articulating and unpacking an analogy between passing and authorship. The book promises to inaugurate dialogue on the relationships between identity, postmodernism and authorship in contemporary American fiction.
Hazel Carty
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199546749
- eISBN:
- 9780191594946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546749.003.0010
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter explores the history and ingredients of the tort of malicious falsehood. It would appear that the tort though developed from a group of related torts should now be viewed as unified in ...
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This chapter explores the history and ingredients of the tort of malicious falsehood. It would appear that the tort though developed from a group of related torts should now be viewed as unified in principle and application. The key ingredient is malice and the chapter explores the different meanings of this concept, though noting that the typical case will involve denigration or disparagement. This tort is of limited use and is largely overshadowed by statutory provisions relating to ‘threats’ and comparative advertising. The important issue of free speech has shaped this tort and confined its application is also debated. Finally, the relationship of this tort to the unlawful means tort and the torts of defamation and passing off is analysed.Less
This chapter explores the history and ingredients of the tort of malicious falsehood. It would appear that the tort though developed from a group of related torts should now be viewed as unified in principle and application. The key ingredient is malice and the chapter explores the different meanings of this concept, though noting that the typical case will involve denigration or disparagement. This tort is of limited use and is largely overshadowed by statutory provisions relating to ‘threats’ and comparative advertising. The important issue of free speech has shaped this tort and confined its application is also debated. Finally, the relationship of this tort to the unlawful means tort and the torts of defamation and passing off is analysed.
Hazel Carty
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199546749
- eISBN:
- 9780191594946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546749.003.0012
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter explores the potential future developments of the misrepresentation economic torts: deceit, malicious falsehood, and passing off. Deceit and its satellite actions — the action for ...
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This chapter explores the potential future developments of the misrepresentation economic torts: deceit, malicious falsehood, and passing off. Deceit and its satellite actions — the action for bribery and the actions for dishonest assistance — though useful play a limited role in the legal control of economic activity. However, there are possible areas of expansion revealed for the torts of malicious falsehood and passing off that could edge the common law liability closer to a more generalised unfair competition action. This is particularly the case with the tort of passing off: either it could become a more generalised tort of commercial misrepresentation or even transform from a misrepresentation tort into one that protects valuable intangibles.Less
This chapter explores the potential future developments of the misrepresentation economic torts: deceit, malicious falsehood, and passing off. Deceit and its satellite actions — the action for bribery and the actions for dishonest assistance — though useful play a limited role in the legal control of economic activity. However, there are possible areas of expansion revealed for the torts of malicious falsehood and passing off that could edge the common law liability closer to a more generalised unfair competition action. This is particularly the case with the tort of passing off: either it could become a more generalised tort of commercial misrepresentation or even transform from a misrepresentation tort into one that protects valuable intangibles.
Hazel Carty
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199546749
- eISBN:
- 9780191594946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546749.003.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter introduces the economic torts, i.e., those torts that have as their name suggests the primary function of protecting claimants' economic interests. They include the general economic ...
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This chapter introduces the economic torts, i.e., those torts that have as their name suggests the primary function of protecting claimants' economic interests. They include the general economic torts of inducing breach of contract, the unlawful means tort, intimidation, lawful means conspiracy, unlawful means conspiracy and the misrepresentation economic torts of deceit, malicious falsehood, and passing off. The tort of negligence is also discussed as in exceptional circumstances it may perform the function of an economic tort but it is noted that its rationale is different from the economic torts. Unlike negligence, which looks to dependency, the economic torts look to unlawful acts and offer the common law rules of the economic game. The policy issue for all these torts is whether the courts, in the absence of an action for unfair competition, should adopt an interventionist or abstentionist policy in relation to imposing liability.Less
This chapter introduces the economic torts, i.e., those torts that have as their name suggests the primary function of protecting claimants' economic interests. They include the general economic torts of inducing breach of contract, the unlawful means tort, intimidation, lawful means conspiracy, unlawful means conspiracy and the misrepresentation economic torts of deceit, malicious falsehood, and passing off. The tort of negligence is also discussed as in exceptional circumstances it may perform the function of an economic tort but it is noted that its rationale is different from the economic torts. Unlike negligence, which looks to dependency, the economic torts look to unlawful acts and offer the common law rules of the economic game. The policy issue for all these torts is whether the courts, in the absence of an action for unfair competition, should adopt an interventionist or abstentionist policy in relation to imposing liability.
Paul L. Nunez and Ramesh Srinivasan
- Published in print:
- 2006
- Published Online:
- May 2009
- ISBN:
- 9780195050387
- eISBN:
- 9780199865673
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195050387.003.0004
- Subject:
- Neuroscience, Neuroendocrine and Autonomic, Techniques
This chapter continues the physical principles of Chapter 3 in the context of biological tissue. Electrophysiology spans about five orders of magnitude of spatial scale, ranging from the ...
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This chapter continues the physical principles of Chapter 3 in the context of biological tissue. Electrophysiology spans about five orders of magnitude of spatial scale, ranging from the microelectrode recordings of transmembrane potentials to millimeter-scale intracranial recordings to centimeter-scale scalp potentials. The classic membrane diffusion equation (core conductor model) is derived from basic principles without reference to any “equivalent circuit.” Tissue electrical properties at several scales are considered with emphasis on the cortical and skull tissues. A volume (current) microsource function and a millimeter scale (current) source function P(r,t) are defined based on fundamental physical and physiological principles. A low-pass filtering effect on cortical potentials is predicted based on reduced (pyramidal cell) microsource/sink separations in cortex at frequencies of perhaps 50 to 100 Hz. The relationship of P(r,t) to scalp potentials is discussed in the context of a Green's function for the head volume conductor, providing equivalent “electrical distances” between sources and scalp electrodes.Less
This chapter continues the physical principles of Chapter 3 in the context of biological tissue. Electrophysiology spans about five orders of magnitude of spatial scale, ranging from the microelectrode recordings of transmembrane potentials to millimeter-scale intracranial recordings to centimeter-scale scalp potentials. The classic membrane diffusion equation (core conductor model) is derived from basic principles without reference to any “equivalent circuit.” Tissue electrical properties at several scales are considered with emphasis on the cortical and skull tissues. A volume (current) microsource function and a millimeter scale (current) source function P(r,t) are defined based on fundamental physical and physiological principles. A low-pass filtering effect on cortical potentials is predicted based on reduced (pyramidal cell) microsource/sink separations in cortex at frequencies of perhaps 50 to 100 Hz. The relationship of P(r,t) to scalp potentials is discussed in the context of a Green's function for the head volume conductor, providing equivalent “electrical distances” between sources and scalp electrodes.
Paul L. Nunez and Ramesh Srinivasan
- Published in print:
- 2006
- Published Online:
- May 2009
- ISBN:
- 9780195050387
- eISBN:
- 9780199865673
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195050387.003.0008
- Subject:
- Neuroscience, Neuroendocrine and Autonomic, Techniques
The source distribution underlying any EEG waveform need not be generated by a single dipole source located in a restricted cortical area. High-resolution EEG methods apply spatial filters to scalp ...
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The source distribution underlying any EEG waveform need not be generated by a single dipole source located in a restricted cortical area. High-resolution EEG methods apply spatial filters to scalp data rather than fitting the data to a source model. High-resolution filters isolate those aspects of the EEG that are associated with superficial cortical tissue immediately surrounding the electrode. Signals removed by applying this spatial filter can generally be eliminated as local source candidates. This chapter demonstrates theoretically that the surface Laplacian is a band-pass filtered representation of source activity, as compared to scalp potentials dominated by very low spatial frequencies in the source distribution. The surface Laplacian increases the sensitivity of each electrode to nearby superficial cortical sources. Such Laplacian-identified sources are likely to be radial dipoles in proximal gyral surfaces. High-resolution EEG offers the advantage of viewing cortical dynamics at smaller spatial scales than are possible with raw scalp potentials.Less
The source distribution underlying any EEG waveform need not be generated by a single dipole source located in a restricted cortical area. High-resolution EEG methods apply spatial filters to scalp data rather than fitting the data to a source model. High-resolution filters isolate those aspects of the EEG that are associated with superficial cortical tissue immediately surrounding the electrode. Signals removed by applying this spatial filter can generally be eliminated as local source candidates. This chapter demonstrates theoretically that the surface Laplacian is a band-pass filtered representation of source activity, as compared to scalp potentials dominated by very low spatial frequencies in the source distribution. The surface Laplacian increases the sensitivity of each electrode to nearby superficial cortical sources. Such Laplacian-identified sources are likely to be radial dipoles in proximal gyral surfaces. High-resolution EEG offers the advantage of viewing cortical dynamics at smaller spatial scales than are possible with raw scalp potentials.
Charlie Webb
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199567751
- eISBN:
- 9780191705267
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199567751.003.0012
- Subject:
- Law, Law of Obligations, Philosophy of Law
It is widely accepted that a substantial chunk of restitutionary claims arise out of so-called defective transfers. An asset previously held by the claimant passes into the hands of the defendant, ...
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It is widely accepted that a substantial chunk of restitutionary claims arise out of so-called defective transfers. An asset previously held by the claimant passes into the hands of the defendant, and the claimant's consent to its passing is either defective or wholly absent. But why exactly is a claim triggered on these facts? Unjust enrichment does a poor job of explaining why the law should require such gains to be given up. Appeals to corrective justice aren't much better. Instead, this chapter argues that these claims arise as a means of protecting and effectuating a claimant's interest in exclusively determining the disposition of his assets. In other words, it is because, at the outset — it was the claimant to whom the law had exclusively reserved the power to determine how and by whom that asset be used and enjoyed, and he did not (properly) consent to it being used and enjoyed by the defendant — that we recognise the defendant as liable to make restitution to the claimant. Such ‘proprietary’ theories have been given remarkably short shrift by a majority of restitution theorists. The chapter shows why their criticisms miss the mark, before concluding with an indication of how this understanding of defective transfer claims can offer principled solutions to perceived problem areas, such as indirect receipt, insolvency, and claims for services.Less
It is widely accepted that a substantial chunk of restitutionary claims arise out of so-called defective transfers. An asset previously held by the claimant passes into the hands of the defendant, and the claimant's consent to its passing is either defective or wholly absent. But why exactly is a claim triggered on these facts? Unjust enrichment does a poor job of explaining why the law should require such gains to be given up. Appeals to corrective justice aren't much better. Instead, this chapter argues that these claims arise as a means of protecting and effectuating a claimant's interest in exclusively determining the disposition of his assets. In other words, it is because, at the outset — it was the claimant to whom the law had exclusively reserved the power to determine how and by whom that asset be used and enjoyed, and he did not (properly) consent to it being used and enjoyed by the defendant — that we recognise the defendant as liable to make restitution to the claimant. Such ‘proprietary’ theories have been given remarkably short shrift by a majority of restitution theorists. The chapter shows why their criticisms miss the mark, before concluding with an indication of how this understanding of defective transfer claims can offer principled solutions to perceived problem areas, such as indirect receipt, insolvency, and claims for services.
N. Megan Kelley
- Published in print:
- 2016
- Published Online:
- May 2018
- ISBN:
- 9781496806277
- eISBN:
- 9781496806314
- Item type:
- book
- Publisher:
- University Press of Mississippi
- DOI:
- 10.14325/mississippi/9781496806277.001.0001
- Subject:
- Film, Television and Radio, Film
A key concern in postwar America was “who's passing for whom?” Analyzing representations of passing in Hollywood films reveals changing cultural ideas about authenticity and identity in a country ...
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A key concern in postwar America was “who's passing for whom?” Analyzing representations of passing in Hollywood films reveals changing cultural ideas about authenticity and identity in a country reeling from a hot war and moving towards a cold one. After World War II, passing became an important theme in Hollywood movies, one that lasted throughout the long 1950s, as it became a metaphor to express postwar anxiety. In the imaginative fears of postwar America, identity was under siege on all fronts. Not only were there blacks passing as whites, but women were passing as men, gays passing as straight, communists passing as good Americans, Jews passing as gentiles, and even aliens passing as humans (and vice versa). Fears about communist infiltration, invasion by aliens, collapsing gender and sexual categories, racial ambiguity, and miscegenation made their way into films that featured narratives about passing. This book shows that these films transcend genre. Representations of passing enabled Americans to express anxieties about who they were and who they imagined their neighbors to be. By showing how pervasive the anxiety about passing was, and how it extended to virtually every facet of identity. This book broadens the literature on passing in a fundamental way. It also opens up important counter-narratives about postwar America and how the language of identity developed in this critical period of American history.Less
A key concern in postwar America was “who's passing for whom?” Analyzing representations of passing in Hollywood films reveals changing cultural ideas about authenticity and identity in a country reeling from a hot war and moving towards a cold one. After World War II, passing became an important theme in Hollywood movies, one that lasted throughout the long 1950s, as it became a metaphor to express postwar anxiety. In the imaginative fears of postwar America, identity was under siege on all fronts. Not only were there blacks passing as whites, but women were passing as men, gays passing as straight, communists passing as good Americans, Jews passing as gentiles, and even aliens passing as humans (and vice versa). Fears about communist infiltration, invasion by aliens, collapsing gender and sexual categories, racial ambiguity, and miscegenation made their way into films that featured narratives about passing. This book shows that these films transcend genre. Representations of passing enabled Americans to express anxieties about who they were and who they imagined their neighbors to be. By showing how pervasive the anxiety about passing was, and how it extended to virtually every facet of identity. This book broadens the literature on passing in a fundamental way. It also opens up important counter-narratives about postwar America and how the language of identity developed in this critical period of American history.
Andrew S. Jacobs
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199738960
- eISBN:
- 9780199918676
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199738960.003.0013
- Subject:
- Religion, Religion in the Ancient World
Discussing Christian applications of the Roman concept of self-sacrifice, Andrew Jacobs analyzes late ancient representations of Jesus’ circumcision, re-interpreted as a form of strategic sacrificial ...
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Discussing Christian applications of the Roman concept of self-sacrifice, Andrew Jacobs analyzes late ancient representations of Jesus’ circumcision, re-interpreted as a form of strategic sacrificial giving. Adapting the modern notion of racial “passing” to offer new insights into the complicated meanings of Jesus’ Jewishness, Jacobs argues that references to Jesus’ purportedly sacrificial circumcision were employed to reinscribe the categories of “Jew” and “Christian” in ways that connected the self-sacrifice of Christ’s foreskin to the salvific bloodshed of the crucifixion. Circumcision, Christians like Tertullian and Ambrose argued, enabled Jesus’ initially Jewish mission, but his submission to the practice was intended to fool Jews so that their future critique would have no merit. From the late ancient Christian point of view, Jesus “passed” as Jewish, but was not, in fact Jewish at all. The late antique discussion of Jesus’ circumcision therefore reified Judaism as a thing to be conquered and repudiated.Less
Discussing Christian applications of the Roman concept of self-sacrifice, Andrew Jacobs analyzes late ancient representations of Jesus’ circumcision, re-interpreted as a form of strategic sacrificial giving. Adapting the modern notion of racial “passing” to offer new insights into the complicated meanings of Jesus’ Jewishness, Jacobs argues that references to Jesus’ purportedly sacrificial circumcision were employed to reinscribe the categories of “Jew” and “Christian” in ways that connected the self-sacrifice of Christ’s foreskin to the salvific bloodshed of the crucifixion. Circumcision, Christians like Tertullian and Ambrose argued, enabled Jesus’ initially Jewish mission, but his submission to the practice was intended to fool Jews so that their future critique would have no merit. From the late ancient Christian point of view, Jesus “passed” as Jewish, but was not, in fact Jewish at all. The late antique discussion of Jesus’ circumcision therefore reified Judaism as a thing to be conquered and repudiated.
Mollie Godfrey
Vershawn Ashanti Young (ed.)
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780252041587
- eISBN:
- 9780252050244
- Item type:
- book
- Publisher:
- University of Illinois Press
- DOI:
- 10.5622/illinois/9780252041587.001.0001
- Subject:
- Sociology, Race and Ethnicity
Bringing together fifteen essays by leading scholars, including a theoretical introduction by the editors and an insightful foreword and afterword by Gayle Wald and Michele Elam, respectively, this ...
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Bringing together fifteen essays by leading scholars, including a theoretical introduction by the editors and an insightful foreword and afterword by Gayle Wald and Michele Elam, respectively, this volume analyzes Godfrey and Young’s neologism neo-passing. Godfrey and Young define neo-passing as narratives and performative acts of passing that recall the complex racial politics that define classic tales of passing, such as Nella Larsen’s Passing (1929) and James Weldon Johnson’s The Autobiography of an Ex-colored Man (1912). The difference, however, between the former concept of passing and what Godfrey and Young call neo-passing is that neo-passing is performed and/or produced in various media after the end of legal segregation (circa 1954). Beginning with the Jim Crow–era assumption that passing will come to pass as soon as desegregation begins, this volume investigates how and why passing not only persists in the post–Jim Crow moment but has also proliferated. As with both neo-slave and neo-segregation narratives, performances of neo-passing speak to contemporary racial injustices and ideologies, asking readers to hold these in mind alongside the racial injustices and ideologies of the past. Typically, neo-passing also goes beyond the black/white binary that defined classic passing narratives to explore how identities are increasingly defined as intersectional—simultaneously involving class, gender, race, ethnicity, disability, and sexuality. Through explorations of newspaper articles, advertisements, journalism, fiction, graphic novels, film, comedy sketches, reality television, music, and social media, the essays in this volume engage in a vigorous debate about the specific ways in which neo-passing alternatively shores up, deconstructs, or complicates our understanding of performance and identity production after Jim CrowLess
Bringing together fifteen essays by leading scholars, including a theoretical introduction by the editors and an insightful foreword and afterword by Gayle Wald and Michele Elam, respectively, this volume analyzes Godfrey and Young’s neologism neo-passing. Godfrey and Young define neo-passing as narratives and performative acts of passing that recall the complex racial politics that define classic tales of passing, such as Nella Larsen’s Passing (1929) and James Weldon Johnson’s The Autobiography of an Ex-colored Man (1912). The difference, however, between the former concept of passing and what Godfrey and Young call neo-passing is that neo-passing is performed and/or produced in various media after the end of legal segregation (circa 1954). Beginning with the Jim Crow–era assumption that passing will come to pass as soon as desegregation begins, this volume investigates how and why passing not only persists in the post–Jim Crow moment but has also proliferated. As with both neo-slave and neo-segregation narratives, performances of neo-passing speak to contemporary racial injustices and ideologies, asking readers to hold these in mind alongside the racial injustices and ideologies of the past. Typically, neo-passing also goes beyond the black/white binary that defined classic passing narratives to explore how identities are increasingly defined as intersectional—simultaneously involving class, gender, race, ethnicity, disability, and sexuality. Through explorations of newspaper articles, advertisements, journalism, fiction, graphic novels, film, comedy sketches, reality television, music, and social media, the essays in this volume engage in a vigorous debate about the specific ways in which neo-passing alternatively shores up, deconstructs, or complicates our understanding of performance and identity production after Jim Crow
Simon Blackburn
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199548057
- eISBN:
- 9780191594953
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199548057.003.0016
- Subject:
- Philosophy, Moral Philosophy, Metaphysics/Epistemology
In many recent writers on the theory of value reasons have been awarded a sovereign position. This chapter proposes a theory of reasons and shows that far from supplanting a more traditional picture ...
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In many recent writers on the theory of value reasons have been awarded a sovereign position. This chapter proposes a theory of reasons and shows that far from supplanting a more traditional picture of value, the emphasis on reason and reasons marks no advance at all.Less
In many recent writers on the theory of value reasons have been awarded a sovereign position. This chapter proposes a theory of reasons and shows that far from supplanting a more traditional picture of value, the emphasis on reason and reasons marks no advance at all.
Werner Sollors
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780195052824
- eISBN:
- 9780199855155
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195052824.001.0001
- Subject:
- Literature, African-American Literature
Why can a “white” woman give birth to a “black” baby, while a “black” woman can never give birth to a “white” baby in the United States? What makes racial “passing” so different from social mobility? ...
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Why can a “white” woman give birth to a “black” baby, while a “black” woman can never give birth to a “white” baby in the United States? What makes racial “passing” so different from social mobility? Why are interracial and incestuous relations often confused or conflated in literature, making “miscegenation” appear as if it were incest? When did the myth that one can tell a person's race by the moon on their fingernails originate? How did blackness get associated with “the curse of Ham,” when the Biblical text makes no reference to skin color at all? This book, an exploration of “interracial literature,” examines these questions and others. In the past, interracial texts have been read more for a black–white contrast of “either–or” than for an interracial realm of “neither, nor, both, and in-between.” Intermarriage prohibitions have been legislated throughout the modern period and were still in the law books in the 1980s. Stories of black–white sexual and family relations have thus run against powerful social taboos. Yet much interracial literature has been written, and this book suggests its pervasiveness and offers new comparative and historical contexts for understanding it. It ranges across time, space, and cultures, analysing scientific and legal works as well as poetry, fiction, and the visual arts, to explore the many themes and motifs interwoven throughout interracial literature. From the etymological origins of the term “race” to the cultural sources of the “Tragic Mulatto,” the book examines recurrent images and ideas.Less
Why can a “white” woman give birth to a “black” baby, while a “black” woman can never give birth to a “white” baby in the United States? What makes racial “passing” so different from social mobility? Why are interracial and incestuous relations often confused or conflated in literature, making “miscegenation” appear as if it were incest? When did the myth that one can tell a person's race by the moon on their fingernails originate? How did blackness get associated with “the curse of Ham,” when the Biblical text makes no reference to skin color at all? This book, an exploration of “interracial literature,” examines these questions and others. In the past, interracial texts have been read more for a black–white contrast of “either–or” than for an interracial realm of “neither, nor, both, and in-between.” Intermarriage prohibitions have been legislated throughout the modern period and were still in the law books in the 1980s. Stories of black–white sexual and family relations have thus run against powerful social taboos. Yet much interracial literature has been written, and this book suggests its pervasiveness and offers new comparative and historical contexts for understanding it. It ranges across time, space, and cultures, analysing scientific and legal works as well as poetry, fiction, and the visual arts, to explore the many themes and motifs interwoven throughout interracial literature. From the etymological origins of the term “race” to the cultural sources of the “Tragic Mulatto,” the book examines recurrent images and ideas.
Talbot Brewer
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199557882
- eISBN:
- 9780191720918
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199557882.003.0006
- Subject:
- Philosophy, Moral Philosophy
How should we characterize the quarry of practical thought? Some hold that practical thinking must ultimately find some non‐evaluative fact to be a reason for action. Some have affirmed a ...
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How should we characterize the quarry of practical thought? Some hold that practical thinking must ultimately find some non‐evaluative fact to be a reason for action. Some have affirmed a ‘buck‐passing’ view of the good, according to which talk of goodness or value can be reduced to talk of the reason‐giving force of non‐evaluative facts. In this book, it has been argued that practical thinking must sometimes apprehend the intrinsic goodness or value of an activity, where this cannot be reduced to the reason‐giving force of any non‐evaluative fact. The task of this chapter is to show that this latter, recognizably Ancient understanding of value‐talk remains implicit in a great deal of our talk about value, and that we cannot consistently renounce it without incurring a steep cost in the metric of articulacy about value. Nor can we sequester off a subset of the things we care about, under the heading of the moral, and reduce our talk of values to talk of reasons in this domain. Our actual sense of the moral value of human beings cannot plausibly be characterized in terms of the reason‐giving force of non‐evaluative facts about them.Less
How should we characterize the quarry of practical thought? Some hold that practical thinking must ultimately find some non‐evaluative fact to be a reason for action. Some have affirmed a ‘buck‐passing’ view of the good, according to which talk of goodness or value can be reduced to talk of the reason‐giving force of non‐evaluative facts. In this book, it has been argued that practical thinking must sometimes apprehend the intrinsic goodness or value of an activity, where this cannot be reduced to the reason‐giving force of any non‐evaluative fact. The task of this chapter is to show that this latter, recognizably Ancient understanding of value‐talk remains implicit in a great deal of our talk about value, and that we cannot consistently renounce it without incurring a steep cost in the metric of articulacy about value. Nor can we sequester off a subset of the things we care about, under the heading of the moral, and reduce our talk of values to talk of reasons in this domain. Our actual sense of the moral value of human beings cannot plausibly be characterized in terms of the reason‐giving force of non‐evaluative facts about them.
Werner Sollors
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780195052824
- eISBN:
- 9780199855155
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195052824.003.0010
- Subject:
- Literature, African-American Literature
Passing, an Americanism not cited in the first edition of the “Oxford English Dictionary,” may pertain to the crossing of any line that separated social groups. Everett Stonequist listed a great ...
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Passing, an Americanism not cited in the first edition of the “Oxford English Dictionary,” may pertain to the crossing of any line that separated social groups. Everett Stonequist listed a great variety of cases, including Jews passing for Gentiles, Polish immigrants preferring to be German, Italians pretending to be Jewish, the Japanese Eta hiding their group identity to avoid discrimination, the Anglo-Indians passing as British, and the Cape Coloured as well as mixed bloods in the Caribbean. One could add many other cases, such as Chinese Americans passing as Japanese Americans—and vice versa. There was also some passing from white to black in the United States, for example, by musicians, by white partners in interracial marriages, white siblings and other persons related by kinship to Afro-Americans, or by white individuals who wanted to earn affirmative action benefits.Less
Passing, an Americanism not cited in the first edition of the “Oxford English Dictionary,” may pertain to the crossing of any line that separated social groups. Everett Stonequist listed a great variety of cases, including Jews passing for Gentiles, Polish immigrants preferring to be German, Italians pretending to be Jewish, the Japanese Eta hiding their group identity to avoid discrimination, the Anglo-Indians passing as British, and the Cape Coloured as well as mixed bloods in the Caribbean. One could add many other cases, such as Chinese Americans passing as Japanese Americans—and vice versa. There was also some passing from white to black in the United States, for example, by musicians, by white partners in interracial marriages, white siblings and other persons related by kinship to Afro-Americans, or by white individuals who wanted to earn affirmative action benefits.
