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1 – 10 of 69Peter D. Rush and Andrew T. Kenyon
The contours of the question of transmission or jurisdiction receive a particularly sharp delineation in a recent judgment from the annals of contempt of court. How can the…
Abstract
The contours of the question of transmission or jurisdiction receive a particularly sharp delineation in a recent judgment from the annals of contempt of court. How can the solicitor scandalise the court, without destroying the law? Consider Anissa v Parsons. It involves the doctrine of contempt by scandalising – the most feudal of the three legally recognised types of contempt used to keep “the streams of justice clear and pure.”5 And the question that the judgment confronts is the technical and representational ordering of law, and specifically the articulation and disarticulation of two orders – that of the court and that of law.
Abstract
This article1 is offered up in the spirit of what the High Kings of Gondor might call a weregild.2 That is, I hope, in this article, to clear a debt: a debt, long overdue, much like that owed by the Armies of the Dead to Isildur’s heir, Aragorn son of Arathorn. I reference The Lord of the Rings: The Return of the King (Tolkien, 1994) because this article is, in the main, about Tolkien and his oeuvre as an astonishing instance of what might be called lex populi. But this article attempts more than just another cultural legal reading of a popular literary and cinematic phenomenon.3 What, in fact, it proposes is nothing less than a practical demonstration of what it means to read jurisprudentially. In so doing, I hope to repay some of the theoretical debt that jurisprudence (and law-and-literature) has incurred, and owes so clearly to literary criticism, cultural studies and Continental philosophy. For far too long jurisprudence has been content to absorb the lessons of these other disciplines’ versions of textual theory – of the play of the sign, the dissemination of meaning, the deconstruction of logos – without propounding its own topoi let alone interpretive paradigms. Such topoi, of course, jurisprudence has in abundance: in notions of a “higher justice”; in concepts of law’s connection with morality; and, especially, the law’s role in inaugurating “the social.”
The period from the death of Charles Stewart Parnell (1891) to the establishment of the Irish Free State (1922) was a momentous one for Ireland. There was a cultural…
Abstract
The period from the death of Charles Stewart Parnell (1891) to the establishment of the Irish Free State (1922) was a momentous one for Ireland. There was a cultural revitalization (1891– 1916), a Rising (1916), the Anglo‐Irish War (1919–21), the Treaty (1922), and the Civil War (1922–23) before the new Irish state settled into a routine pattern. This was a period characterized by assertive nationalism, dogmatism, and intolerance that led to violence and bloodshed. The result would be an independent Ireland, but a divided Ireland with potential for explosion in the North. Still there were people who surmounted the polemic of the moment and sought rational compromise and mutual tolerance. These were individuals who sought limited practical objectives, empathized with their adversaries, demonstrated civility, and often predicted the problems of the future. These were the “apostles of peace”. Among Ireland's many notables, three of such caliber stand out — Arthur Griffith, Horace Plunkett, and Eoin MacNeill. These men were intimately associated with the affairs of their day and were recognized for their integrity and professional accomplishment. They were also associated with the major peaceful attempts to solve Ireland's problems and avoid the warfare that ensued. Griffith, the journalist, founded the early Sinn Fein and came temporarily to lead the Irish Free State. Plunkett, the Anglo‐Irish aristocrat, founded the cooperative movement. MacNeill, the civil servant and historian, was involved in starting the Gaelic League and the Irish Volunteers. These were the “apostles of peace” and Ireland's subsequent trauma stemmed from their limited number. The objective of this study is to examine the careers of these three exceptional notables and ascertain if there exist some pattern. Are there generalizations that might be made about them collectively?
The purpose of this chapter is to explore the relationship between and among genres, discourse communities, and their associated ideologies by means of a historical case study of…
Abstract
Purpose
The purpose of this chapter is to explore the relationship between and among genres, discourse communities, and their associated ideologies by means of a historical case study of the rise and decline of a particular archival finding aid genre, i.e., the calendar, within the Public Records Office of Great Britain (PRO) between the mid-nineteenth and mid-twentieth centuries.
Findings
The study demonstrates the ways in which the calendar genre, as it evolved in the PRO, reproduced, framed, and perpetuated a progressive, consensual understanding of the history of the British nation, and worked to construct a community of historical workers comprising select members of the PRO’s professional staff and select users.
Originality/value
The study deepens and extends understanding of discourse communities and the ideologies they promote and suppress and contributes to the emergent understanding of archival finding aids as socio-cultural texts by exposing the ways in which they participate in the formation and shaping of knowledge.
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This chapter will focus on the Netflix television series The Exorcist (2016–) starring Gina Davis as Angela Rance/Regan MacNeill and Ben Daniels as Father Marcus. The Rances are a…
Abstract
This chapter will focus on the Netflix television series The Exorcist (2016–) starring Gina Davis as Angela Rance/Regan MacNeill and Ben Daniels as Father Marcus. The Rances are a well-off urban family in Chicago, with Angela, a successful and powerful professional woman. The Exorcist allows Angela Rance, a woman in midlife, to be central to the narrative, despite the paucity of positive, central roles for women over 50.
The chapter will also examine the depiction of gender through the themes of families and homes. Homes are sanctuaries but can also be a site of violence. The Rance home is the first clue that all is not well, when Angela hears noises in the walls. Families, homes, faith and betrayal are everywhere in The Exorcist, including the Rances, the Church, the priesthood, the Friars of Ascension and the homeless settlement. Traditionally, families and homes are where women can achieve creativity and some kind of agency, as well as being contained.
The third approach of this chapter will be to compare gender representations in the television series and the film The Exorcist (1973). In theory, the intervening 44 years could have seen gains for women and feminism, but 2017 has seen women’s rights eroded yet again. The film was made at the height of the women’s liberation movement and second-wave feminism, and at the start of the era of ‘video nasties’ and explicitly gory slasher and cannibal films, so I will use the historical context to frame a discussion about the two different versions.
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This chapter explores the emergence, growth, and current status of the sociology of sport in Canada. Such an endeavour includes acknowledging the work and efforts of Canadian…
Abstract
This chapter explores the emergence, growth, and current status of the sociology of sport in Canada. Such an endeavour includes acknowledging the work and efforts of Canadian scholars – whether Canadian by birth or naturalization or just as a result of their geographic location – who have contributed to the vibrant and robust academic discipline that is the sociology of sport in Canadian institutions coast-to-coast, and who have advanced the socio-cultural study of sport globally in substantial ways. This chapter does not provide an exhaustive description and analysis of the past and present states of the sociology of sport in Canada; in fact, it is important to note that an in-depth, critical and comprehensive analysis of our field in Canada is sorely lacking. Rather, this chapter aims to highlight the major historical drivers (both in terms of people and trends) of the field in Canada; provide a snapshot of the sociology of sport in Canada currently; and put forth some ideas as to future opportunities and challenges for the field in Canada.
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Robert C. Fink, William L. James and Kenneth J. Hatten
The purpose of this research is to understand what pricing, purchasing, product defect and late deliveries factors are associated with the decisions of small, medium and large…
Abstract
Purpose
The purpose of this research is to understand what pricing, purchasing, product defect and late deliveries factors are associated with the decisions of small, medium and large size customers to enter into closer customer‐supplier relationships with their suppliers.
Dessign/methodology/approach
The study involves a survey of 372 professionals in the paper industry to investigate the linkage between pricing, purchasing efficiencies and reductions in product defects and later deliveries and relational exchanges across customers of different sizes and resources.
Findings
The results indicate that the pricing, purchasing, product defect and late delivery factors associated with relational supply chain exchanges are different for small, medium and large size customers.
Research limitations/implications
Data were collected from individuals’ perspectives of the customer‐supplier relationships within customer organization only and involved the exchange of one type of product. Similar studies need to be conducted in other industries involving other types of product exchanges that capture both customer and supplier perspectives to verify these findings.
Practical implications
Supplier sales and marketing managers need to understand that different sized customers with different resources may have different performance objectives when entering into relational exchanges. These varying customer performance objectives should help supplier marketing managers to better segment their relational exchange customers and help them in assessing their ability to satisfy varying customer relational exchange performance goals.
Originality/value
While the linkage between closer customer‐supplier relationships and pricing, purchasing, product delivery has been studied in prior research, this is one of the first studies to show that different customer performance factors are associated with different sizes of customers and their relational exchanges. This paper also suggests that further research grounded on a resource‐based theory (RBT) of the firm would be valuable in better understanding the factors associated with different customers' relational exchanges.
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Eldrede T. Kahiya and Petra Butler
This paper aims to dissect cross-border contracting practices among exporting businesses. The under-representation of exporter-importer dynamics and the superficial understanding…
Abstract
Purpose
This paper aims to dissect cross-border contracting practices among exporting businesses. The under-representation of exporter-importer dynamics and the superficial understanding of contracts are the motivation for this exploratory study.
Design/methodology/approach
The qualitative multiple case study design focuses on 18 small to medium size enterprise (SMEs) exporting from New Zealand. The analysis encompasses coding, pattern matching and explanation building. This paper uses coding to uncover themes and pattern matching/cross-case comparison to facilitate explanation building.
Findings
The paper underlines the scant use of formal international sales/distribution contracts, the lack of knowledge concerning contracting, barriers to contract formation, misgivings about the court system and litigation and the adoption of proxy contracts. This paper depicts varieties of contracting practices, namely, no formal contract, improvisational, normative, and formal contractual arrangements and underlines the context in which each approach applies.
Research limitations/implications
Similar to most studies in this area, the dissection of contracting practices derives from the exporter side of the dyad. This robs the research of a holistic view of the exchange. Nonetheless, this paper contributes to a better understanding of contract formation and formalization and to the role of context in shaping the activities of exporting SMEs.
Practical implications
Although formal contracts are vital, they are not obligatory in all exchanges. Contracts matter more for high intensity exporters with comparatively short relationship histories, selling knowledge-intensive products in predominantly non-relational cultures. Policymakers should highlight the importance of contracts in such contexts and direct SMEs to several freely available resources on cross-border contracting.
Social implications
The research casts fairness/equity and access to justice as pertinent structural disadvantages impacting the contracting practices of exporting SMEs.
Originality/value
According to the authors’ knowledge, this paper is among the first studies to provide an in-depth portrayal of the contracting practices of exporting SMEs, to detail the pervasiveness of non-contractual contracting practices and to depict contracting as nuanced and context-dependent.
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