It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.
The freeholding pioneer is a powerful image in settlement history - Tenants in Time tells a different story. Tenancy, though relegated to the periphery by the liberal idealization of ownership, was a common and vital part of the economy and society. Against a background of international land agitation and using an inter-disciplinary approach, Catharine Wilson looks at life as a tenant farmer, providing new insights into family strategies, land markets, and the growth of liberalism. Using evidence from across Upper Canada she shows how tenancy transformed the landscape and tied old and new settlers together in a continuum of mutual dependence that was essential to settlement, capital creation, and social mobility. Her analysis of customary rights reveals a landlord-tenant relationship - and a concept of ownership - more complex and flexible than previously understood. Landlords, from ordinary farmers to absentee aristocrats, are also part of the story and the much-criticized clergy reserves take a positive role. An intimate exploration of Cramahe Township follows tenants over the generations as they supported their families and combined liberal ideas with household-centered ways. From aggregate statistics to individual human dramas, Tenants in Time unravels the life of the tenant farmer in a wonderfully documented, engaging, and compelling argument.
Louisiana Creole Literature is a broad-ranging critical reading of belles lettres—in both French and English—connected to and generally produced by the distinctive Louisiana Creole peoples, chiefly in the southeastern part of the state. The book covers primarily the nineteenth and twentieth centuries, the flourishing period during which the term Creole had broad and contested cultural reference in Louisiana. The study consists in part of literary history and biography. When available and appropriate, each discussion—arranged chronologically—provides pertinent personal information on authors, as well as publishing facts. Readers will find also summaries and evaluation of key texts, some virtually unknown, others of difficult access. Brosman illuminates the biographies and works of Kate Chopin, Lafcadio Hearn, George Washington Cable, Grace King, and Adolphe Duhart, among others. In addition, she challenges views that appear to be skewed regarding canon formation. The book places emphasis on poetry and fiction, reaching from early nineteenth-century writing through the twentieth century to selected works by poets still writing in the early twenty-first century. A few plays are treated also, especially by Victor Séjour. Louisiana Creole Literature examines at length the writings of important Francophone figures, and certain Anglophone novelists likewise receive extended treatment. Since much of nineteenth-century Louisiana literature was transnational, the book considers Creole-based works which appeared in Paris as well as those published locally.
This short book argues for the relevance of historical perspectives on mental health, exploring how these histories can and should inform debates about mental healthcare today. Why is it important to study the history of madness? What does it mean to voice these histories? What can these tell us about the challenges and legacies of mental health care across the world today? Offering an intervention into new ways of thinking – and talking – about ‘mad’ history, Catharine Coleborne explores the social and cultural impact of the history of the mad movement, self-help and mental health consumer advocacy from the 1960s inside a longer tradition of ‘writing madness’. Starting with a brief history of the relevance of first-person accounts, then looking at the significance of other ways of representing the psychiatric ‘patient’, ‘survivor’ or ‘consumer’ over time, this book aims to escape from dominant modes of writing about the asylum.
“Sometimes ideas change the world. This astonishing, miraculous, shattering, inspiring book captures the origins and the arc of the movement for sex equality. It’s a book whose time has come—always, but perhaps now more than ever.” —Cass Sunstein, coauthor of Nudge Under certain conditions, small simple actions can produce large and complex “butterfly effects.” Butterfly Politics shows how Catharine A. MacKinnon turned discrimination law into an effective tool against sexual abuse—grounding and predicting the worldwide #MeToo movement—and proposes concrete steps that could have further butterfly effects on women’s rights. Thirty years after she won the U.S. Supreme Court case establishing sexual harassment as illegal, this timely collection of her previously unpublished interventions on consent, rape, and the politics of gender equality captures in action the creative and transformative activism of an icon. “MacKinnon adapts a concept from chaos theory in which the tiny motion of a butterfly’s wings can trigger a tornado half a world away. Under the right conditions, she posits, small actions can produce major social transformations.” —New York Times “MacKinnon [is] radical, passionate, incorruptible and a beautiful literary stylist... Butterfly Politics is a devastating salvo fired in the gender wars... This book has a single overriding aim: to effect global change in the pursuit of equality.” —The Australian “Sexual Harassment of Working Women was a revelation. It showed how this anti-discrimination law—Title VII—could be used as a tool... It was the beginning of a field that didn’t exist until then.” —U.S. Supreme Court Justice Ruth Bader Ginsburg
This volume includes many of the best essays by Catharine Theimer Nepomnyashchy (1951-2015), one of the most original scholars of Russian culture of her generation. Nepomnyashchy’s broad interests ranged from Pushkin to contemporary Russian popular culture. Her work speaks to issues that remain central to Slavic studies today, including imperialist impulses and rhetoric in Russian culture; the resiliency and post-Soviet afterlife of Stalinist mythic and cultic formulas; and problems connected with dissent, censorship, and displacement. In addition to some of Nepomnyashchy’s best previously published scholarly work, this volume includes excerpts from The Politics of Tradition: Rerooting Russian Literature After Stalin, the book manuscript that Nepomnyashchy was working on in the last years of her life.
This book examines the formation of colonial social identities inside the institutions for the insane in Australia and New Zealand. Taking a large sample of patient records, it pays particular attention to gender, ethnicity and class as categories of analysis, reminding us of the varied journeys of immigrants to the colonies and of how and where they stopped, for different reasons, inside the social institutions of the period. It is about their stories of mobility, how these were told and produced inside institutions for the insane, and how, in the telling, colonial identities were asserted and formed. Having engaged with the structural imperatives of empire and with the varied imperial meanings of gender, sexuality and medicine, historians have considered the movements of travellers, migrants, military bodies and medical personnel, and ‘transnational lives’. This book examines an empire-wide discourse of ‘madness’ as part of this inquiry.
Before AIDS or Ebola, there was the Spanish Flu — Catharine Arnold's gripping narrative, Pandemic 1918, marks the 100th anniversary of an epidemic that altered world history. In January 1918, as World War I raged on, a new and terrifying virus began to spread across the globe. In three successive waves, from 1918 to 1919, influenza killed more than 50 million people. German soldiers termed it Blitzkatarrh, British soldiers referred to it as Flanders Grippe, but world-wide, the pandemic gained the notorious title of “Spanish Flu”. Nowhere on earth escaped: the United States recorded 550,000 deaths (five times its total military fatalities in the war) while European deaths totaled over two million. Amid the war, some governments suppressed news of the outbreak. Even as entire battalions were decimated, with both the Allies and the Germans suffering massive casualties, the details of many servicemen’s deaths were hidden to protect public morale. Meanwhile, civilian families were being struck down in their homes. The City of Philadelphia ran out of gravediggers and coffins, and mass burial trenches had to be excavated with steam shovels. Spanish flu conjured up the specter of the Black Death of 1348 and the great plague of 1665, while the medical profession, shattered after five terrible years of conflict, lacked the resources to contain and defeat this new enemy. Through primary and archival sources, historian Catharine Arnold gives readers the first truly global account of the terrible epidemic.
Katy Cabot, a young American woman in Europe, was a patient of psychoanalyst Carl Jung (1875-1961) and part of his Zurich circle from the 1930s through the 1960s. She kept a diary recording the details of her psychoanalytic sessions and her inner and outer experiences. Her daughter Jane grew up in the same environment, and here edits the diary notes and adds her own comments and memories, and photographs and letters. She is now a Jungian analyst in Zurich. c. Book News Inc.
Investigating the history of vagrants in colonial Australia and New Zealand, this book provides insights into the histories and identities of marginalised peoples in the British Pacific Empire. Showing how their experiences were produced, shaped and transformed through laws and institutions, it reveals how the most vulnerable people in colonial society were regulated, marginalised and criminalised in the imperial world. Studying the language of vagrancy prosecution, narratives of mobility and welfare, vagrant families, gender and mobility and the political, social and cultural interpretations of vagrancy, this book sets out a conceptual framework of mobility as a field of inquiry for legal and historical studies. Defining 'mobility' as population movement and the occupation of new social and physical space, it offers an entry point to the related histories of penal colonies and new 'settler' societies. It provides insights into shared histories of vagrancy across New South Wales, Victoria, Tasmania and New Zealand, and explores how different jurisdictions regulated mobility within the temporal and geographical space of the British Pacific Empire.
Catharine Macaulay was a celebrated republican historian, whose account of the reasons for the seventeenth-century English Revolution, the parliamentary period, and its aftermath was widely read by the mothers and fathers of American Independence and by central players in the French Revolution. As well as publishing her eight volume history, spanning the period from the accession of James I to the Glorious Revolution of 1688, she wrote political pamphlets, offered a sketch of a republican constitution for Corsica, advocated parliamentary reform, and published a response to Edmund Burke's Reflections on the Revolution in France. Her Letters on Education of 1790 made a decisive impact on the thought of Mary Wollstonecraft, and her Treatise on the Immutability of Moral Truth opposed the skeptical and utilitarian attitudes being developed by Hume and others. This volume brings together for the first time all the available letters between her and her wide-ranging correspondents, who include George Washington, John Adams, Abigail Adams, Mercy Otis Warren, James Otis, Benjamin Rush, David Hume, James Boswell, Thomas Hollis, John Wilkes, Horace Walpole, Mary Wollstonecraft, Jacques-Pierre Brissot de Warville, and many other luminaries of the eighteenth-century enlightenment. It includes an extended introduction to her life and works and offers a unique insight into the thinking of her friends and correspondents during the period between 1760 and 1790, the crucible for the development of modern representative democracies. The Correspondence of Catharine Macaulay will appeal to scholars of philosophy, political thought, women's studies, and eighteenth-century history, as well as those interested in the development of democratic ideas.
Beginning with an atmospheric account of Tyburn, this grisly excursion through London as a city of ne'er do wells takes in beheadings and brutality at the Tower, Elizabethan street crime, cutpurses and con-men, 18th century highway robbery, and the rise of prisons, the police, and the Victorian era of incarceration. It also examines the influence of London's criminal classes on the literature of the 19th and 20th century, through to the Krays and Soho gangs of the 1950s and 1960s. London's crimes have changed over the centuries, both in method and execution. This lively popular history traces these developments, from the highway robberies of the 18th century, made possible by the constant traffic of wealthy merchants in and out of the city, to the beatings, slashings, and poisonings of the Victorian era.
The Jesuits approached the task of converting the native peoples, and the formidable obstacles it implied, in a flexible manner. One of their central values was "inculturation," the idea of "coming in by their door," to quote a favorite saying of Ignatius, via a creative process of syncretism that blended aspects of native belief with aspects of Christian faith, in order to facilitate understanding and acceptance. The Relations thus abound with examples of the Jesuits' thoughtfully trying to make sense of native---and female---difference, rather than eliding it. --
Louisiana has long been recognized for its production of talented writers, and its poets in particular have shined. From the early poetry of the state to the work crafted in the present day, Louisiana has nurtured and exported a rich and diverse poetic tradition. In Louisiana Poets: A Literary Guide authors Catharine Savage Brosman and Olivia McNeely Pass assess the achievements of Louisiana poets from the past hundred years who, Brosman and Pass assert, deserve both public notice and careful critical examination. Louisiana Poets presents the careers and works of writers whose verse is closely connected to the peoples, history, and landscapes of Louisiana or whose upbringing or artistic development occurred in the state. Brosman and Pass chose poets based on the scope, abundance, and excellence of their work; their critical reception; and the local and national standing of the writer and work. The book treats a wide range of forty poets—from national bestsellers to local celebrities—detailing their histories and output. Intended to be of broad interest and easy to consult, Louisiana Poets showcases the corpus of Louisiana poetry alongside its current profile. Brosman and Pass have created a guide that provides a way for readers to discover, savor, and celebrate poets who have been inspired in and by the Pelican State.
Throughout history, farm families have shared work and equipment with their neighbours to complete labour-intensive, time-sensitive, and time-consuming tasks. They benefitted materially and socially from these voluntary, flexible, loosely structured networks of reciprocal assistance, making neighbourliness a vital but overlooked aspect of agricultural change. Being Neighbours takes us into the heart of neighbourhood – the set of people near and surrounding the family – through an examination of work bees in southern Ontario from 1830 to 1960. The bee was a special event where people gathered to work on a neighbour’s farm like bees in a hive for a wide variety of purposes, including barn raising, logging, threshing, quilting, turkey plucking, and apple paring. Drawing on the diaries of over one hundred men and women, Catharine Wilson takes readers into families’ daily lives, the intricacies of their labour exchange, and their workways, feasts, and hospitality. Through the prism of the bee and a close reading of the diaries, she uncovers the subtle social politics of mutual dependency, the expectations neighbours had of each other, and their ways of managing conflict and crisis. This book adds to the literature on cooperative work that focuses on evaluating its economic efficiency and complicates histories of capitalism that place communal values at odds with market orientation. Beautifully written, engaging, and richly detailed and illustrated, Being Neighbours reveals the visceral textures of rural life.
This book opens a new interdisciplinary frontier between religion and theatre studies to illuminate what has been seen as the religious or spiritual nature of Polish theatre director Jerzy Grotowski’s work.The central argument is that through an embodied, materialist approach to religion, and through a critical reading of the concepts of the New Age, a new understanding of Grotowski and religion can be developed. This is a vital reference for academics in both Religion and Theatre Studies that have an interest in the spiritual aspects of Grotowski’s work.
From Roman burial rites to the horrors of the plague, from the founding of the great Victorian cemeteries to the development of cremation and the current approach of metropolitan society towards death and bereavement -- including more recent trends to displays of collective grief and the cult of mourning, such as that surrounding the death of Diana, Princess of Wales -- NECROPOLIS: LONDON AND ITS DEAD offers a vivid historical narrative of this great city's attitude to going the way of all flesh. As layer upon layer of London soil reveals burials from pre-historic and medieval times, the city is revealed as one giant grave, filled with the remains of previous eras -- pagan, Roman, medieval, Victorian. This fascinating blend of archaeology, architecture and anecdote includes such phenomena as the rise of the undertaking trade and the pageantry of state funerals; public executions and bodysnatching. Ghoulishly entertaining and full of fascinating nuggets of information, Necropolis leaves no headstone unturned in its exploration of our changing attitudes to the deceased among us. Both anecdotal history and cultural commentary, Necropolis will take its place alongside classics of the city such as Peter Ackroyd's LONDON.
Catharine Parr Strickland Traill (1802-1899) emigrated from Great Britain to Upper Canada in 1832 with her husband Thomas Traill, a retired army officer. The Backwoods of Canada (1836), Catharine1s epistolary narrative based on her experiences in the country north of Peterborough in the years immediately following her arrival in North America, is an important record of nineteenth-century pioneering and a rich personal memoir of a woman. It has become a foundation work of Canadian Iiterature.
This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.
How can I communicate even more effectively with people who have learning disabilities? Communicate with Me is an invaluable toolkit for carers, professionals, schools and services striving to improve the quality of their communication with those they support. Key features include: a comprehensive range of techniques and guidance for carers and professionals around how to communicate with and involve children and adults with learning disabilities; a wealth of practical examples and case studies to illustrate and contextualise the suggested approaches; a detailed quality assurance framework to help schools and services develop CPD, establish excellence across their organisations in the way that they communicate with people with learning difficulties and improve outcomes for those they support. Communicate with Me is a resource for anyone involved in supporting children or adults with a learning disability including residential or community support workers, play workers, advocates and teachers who work directly with people, as well as line managers and service managers who can facilitate change within service structures and promote good practice in their teams. Martin Goodwin is an experienced practitioner who has more than 18 years experience in working with children and young people in a range of capacities including management and direct delivery. Martin is a qualified teacher/ trainer in post compulsory education and children's rights advocate with a BA Hons in Professional Studies: Learning Difficulties, PG Cert in Social Studies and MA in Youth and Community studies. Jennie Miller specialises in working with adults with a learning disability in the residential setting where she has over ten years' experience, holding a management role since 2004. Jennie has a BA (hons) in Professional Studies: Learning Difficulties. Cath Edwards has over thirty years' experience of working with children and young people with learning disabilities including autism and severe and profound multiple learning disability. Cath has a BEd in education, a degree-level qualification in special educational needs, and is a Master Practitioner of Neuro-Linguistic Programming. Cath is also a qualified yoga teacher and a professional storyteller. Review: The publication of this resource is timely. Services are shrinking and specialist support is contracting. People with learning disabilities need informed, committed and skillful partners in their struggle to take their rightful place in society - and this accessible, interactive and comprehensive guide will prove an invaluable support to everyone who has the privilege and the challenge of sharing their lives and work with people who have difficulties in communication. Dr Nicola Grove, Consultant in Communication and Narrative, Honorary Senior Lecturer, Tizard Centre, Founder, Openstorytellers.
This literary history focuses on five women writers--Mary Austin, Willa Cather, Laura Adams Armer, Peggy Pond Church and Alice Marriott--whose work appeared from around 1900 through the 1980s. All came from or lived and worked in California, Arizona, New Mexico or Oklahoma. The book situates them in their time and place and examines their interactions with landscapes, people, art and history. Their interest in fine arts and native arts and crafts is stressed, as well as their concern for the environment.
The Parthenon marbles case is the most famous international cultural heritage dispute concerning repatriation of looted antiquities, the Parthenon marbles in the British Museum’s ‘Elgin Collection’. The case has polarised observers ever since Elgin had the marbles hacked out of the ancient temple at the turn of the 19th century in Ottoman-occupied Athens. In 1816, a debt-stricken Elgin sold the marbles to the British government, which subsequently entrusted them to the British Museum, where they have remained since then. Much ink has been spilled on the Parthenon marbles. The ethical and cultural merits of their repatriation have been fiercely debated for years. But what has generally not been considered are the legal merits of their return in light of contemporary international law. This book is the first in legal scholarship to provide an international law perspective of the cause célèbre of international cultural heritage disputes and, in doing so, to clarify the new customary international law on the return of cultural property unlawfully removed from its original context. The book, which includes a foreword by Andrew Wallace-Hadrill, is a unique reference work on the legal case for the return of the Parthenon marbles and the new normative framework for the protection of cultural heritage.
This book provides early years teacher educators with critical guidance to explore the enduring philosophies and principles of early years’ pedagogy and to creatively interpret and communicate these to those they are training to be teachers and professionals. It is framed by a principle of continued professional dialogue as integral to, and essential for, effective practice. It: is designed to promote discussion around key themes rather than promote simple solutions to particular challenges foregrounds principles, values and ethics as a precursor to good practice encourages reflective engagement with real life exemplars and case studies juxtaposes traditional philosophies and values with alternative approaches to early learning and childhood presents findings from research into child development and learning and how these interface with pedagogic approaches.
This Element presents original research into how young people interact with violent extremist material, including terrorist propaganda, when online. It explores a series of emotional and behavioural responses that challenge assumptions that terror or trauma are the primary emotional responses to these online environments. It situates young people's emotional responses within a social framework, revealing them to have a relatively sophisticated relationship with violent extremism on social media that challenges simplistic concerns about processes of radicalisation. The Element draws on four years of research, including quantitative surveys and qualitative focus groups with young people, and presents a unique perspective drawn from young people's experiences.
A New Lease on Life is a study of two sets of individuals - landlords and tenants - whose aspirations, opportunities, and destinies spanned the Atlantic. In this richly detailed history of migration and adaptation in the nineteenth century, Catharine Wi
Catharine Brown (1800?-1823) became Brainerd Mission School's first Cherokee convert to Christianity, a missionary teacher, and the first Native American woman whose own writings saw extensive publication in her lifetime. After her death from tuberculosis at age twenty-three, the missionary organization that had educated and later employed Brown commissioned a posthumous biography, Memoir of Catharine Brown, which enjoyed widespread contemporary popularity and praise. In the following decade, her writings, along with those of other educated Cherokees, became highly politicized and were used in debates about the removal of the Cherokees and other tribes to Indian Territory. Although she was once viewed by literary critics as a docile and dominated victim of missionaries who represented the tragic fate of Indians who abandoned their identities, Brown is now being reconsidered as a figure of enduring Cherokee revitalization, survival, adaptability, and leadership. In Cherokee Sister Theresa Strouth Gaul collects all of Brown's writings, consisting of letters and a diary, some appearing in print for the first time, as well as Brown's biography and a drama and poems about her. This edition of Brown's collected works and related materials firmly establishes her place in early nineteenth-century culture and her influence on American perceptions of Native Americans.
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