Landmark Cases in Property Law

This book explores the development of basic principles of property law in leading cases. Each paper considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence - how are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the papers identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each paper and they are collected and critically explored in the editors' introduction. This makes for a coherent and provocative collection.

Analogies to semantic and syntactic mental labour in the Feist decision

The Supreme Court of the United States in Feist v. Rural (Feist, 1991) specified that compilations or databases, and other works, must have a minimal degree of creativity to be copyrightable. The significance and global diffusion of the decision is only matched by the difficulties it has posed for interpretation. The judgment does not specify what is to be understood by creativity, although it does give a full account of the negative of creativity, as ‘so mechanical or routine as to require no creativity whatsoever’ (Feist, 1991, p.362). The negative of creativity as highly mechanical has particularly diffused globally.

A recent interpretation has correlated ‘so mechanical’ (Feist, 1991) with an automatic mechanical procedure or computational process, using a rigorous exegesis fully to correlate the two uses of mechanical. The negative of creativity is then understood as an automatic computation and as a highly routine process. Creativity is itself is conversely understood as non-computational activity, above a certain level of routinicity (Warner, 2013).

The distinction between the negative of creativity and creativity is strongly analogous to an independently developed distinction between forms of mental labour, between semantic and syntactic labour. Semantic labour is understood as human labour motivated by considerations of meaning and syntactic labour as concerned solely with patterns. Semantic labour is distinctively human while syntactic labour can be directly humanly conducted or delegated to machine, as an automatic computational process (Warner, 2005; 2010, pp.33-41).

The value of the analogy is to greatly increase the intersubjective scope of the distinction between semantic and syntactic mental labour. The global diffusion of the standard for extreme absence of copyrightability embodied in the judgment also indicates the possibility that the distinction fully captures the current transformation in the distribution of mental labour, where syntactic tasks which were previously humanly performed are now increasingly conducted by machine.

The paper has substantive and methodological relevance to the conference themes. Substantively, it is concerned with human creativity, with rationality as not reducible to computation, and has relevance to the language myth, through its indirect endorsement of a non-computable or not mechanical semantics. These themes are supported by the underlying idea of technology as a human construction. Methodologically, it is rooted in the humanities and conducts critical thinking through exegesis and empirically tested theoretical development

References

Feist. (1991). Feist Publications, Inc. v. Rural Tel. Service Co., Inc. 499 U.S. 340.

Warner, J. (2005). Labor in information systems. Annual Review of Information Science and Technology. 39, 2005, pp.551-573.

Warner, J. (2010). Human Information Retrieval (History and Foundations of Information Science Series). Cambridge, MA: MIT Press.

Warner, J. (2013). Creativity for Feist. Journal of the American Society for Information Science and Technology. 64, 6, 2013, pp.1173-1192.

First comprehensive peat depositional records for tin, lead and copper associated with the antiquity of Europe's largest cassiterite deposits

Tin, as a constituent of bronze, was central to the technological development of early societies, but cassiterite (SnO2) deposits were scarce and located distantly from the centres of Mediterranean civilizations. As Britain had the largest workable ore deposits in the ancient Western world, this has led to much historical speculation and myth regarding the long-distance trading of tin from the Bronze Age onwards. Here we establish the first detailed chronology for tin, along with lead and copper deposition, into undisturbed ombrotrophic (rain-fed) peat bogs located at Bodmin Moor and Dartmoor in the centre of the British tin ore fields. Sustained elevated tin deposition is demonstrated clearly, with peaks occurring at 100-400 and 700-1000 calendar years AD - contemporaneous with the Roman and Anglo-Saxon periods respectively. While pre-Roman Iron Age tin exploitation undoubtedly took place, it was on a scale that did not result in convincingly enhanced deposition of the metal. The deposition of lead in the peat record provides evidence of a pre-Roman metal-based economy in southwest Britain. Emerging in the 4th century BC, this was centred on copper and lead ore processing that expanded exponentially and then collapsed upon Roman colonization during the 1st century AD. (C) 2011 Elsevier Ltd. All rights reserved.

'Pues tanto se esconde': Elusion at (inter)play in Ana Caro's El conde Partinuplés

El conde Partinuplés (first published 1653) is one of only two extant plays written by the Sevillan poet/dramatist Ana Caro Mallén de Soto (‘la décima musa sevillana’). Despite McKendrick's dismissal of the play as ‘extremely bad’, it has been the object of substantial critical scrutiny since the 1970s, impelled in great part by the production of modern editions (Luna and Delgado) and by Kaminsky's bio-biographical study (1973). Two responses have dominated: analysis of the play's imaginative reconceptualization of source material (most notably the Classical myth of Cupid and Psyche as contained in Apuleius and transmitted via the anonymous French chivalric romance Portonopeus de Blois; and more contemporary models, such as Calderón's La vida es sueño); discussions of the play from a gender/feminist perspective. There is some inevitable entanglement in these approaches, areas of ideological concurrence, but also of contradiction. This article will offer a critical synthesis of these lines of enquiry around an analysis of the play's patterns of non-identical repetition and, following Hubert's theory of ‘double movement’, will move beyond these to consider the generative and potentially transcendent nature of the interplay of inscription (text) and transcription (interpretive performance). A subversive strategy of elusion underpins this interference, a dynamic, mobile frame within which ‘envidia’ (‘celos’) functions as a prominent dramatic catalyst, directed outwards, and mobilized both as a potent catalyst for the female dramatist's artistic creativity and as an antagonistic interrogation of broader socio-cultural forms of inequality. The play's (new) marvellous versions and inversions expand the functions of the sign beyond Renaissance resemblance and repetition, challenging its promotion of unity and stable identity, and opening up an interactive space between the represented (world/product) and the representing (stage/process). The power of authorities, as figured in/through the dramatic and rhetorical devices of the play, is self-consciously precarious, but it is this very anxious articulation that challenges the very authority of power.

Sins of the Flesh: Zola, Naturalism and the Madeleine Redemption Narrative in Nineteenth-Century France

Mary Magdalene has endured over the centuries as a powerful icon for the redemption of the so-called sins of the flesh. In arguing that her appeal to writers was experienced no more keenly than in nineteenth-century France, this article reflects on the political, ideological and gender assumptions that are woven into the Madeleine narrative of redemption. It goes on to propose that, with the rise of the naturalist novel, relying on pseudo-scientific theories of pre-determination, the Madeleine myth is radically rewritten in Zola’s Madeleine Férat, an often neglected novel in which the Calvinist doctrine of original sin and predestination not only challenges the very notion of redemption from sexual waywardness, but inflects some of the defining principles of naturalism.

Small molecular logic systems can draw the outlines of objects via edge visualization

The recently-discovered ability of small logical molecules to recognize edges is exploited to achieve outline drawing from binary templates. Outlines of arbitrary curvature, several colours and thicknesses down to 1 mm are drawn in around 30 min or less by employing a common laboratory two-colour ultraviolet lamp. The outlines and the light dose-driven XOR logic with fluorescence output or ‘off-on-off’ action which is observed in the irradiated regions are modelled by combining foundational principles of photochemistry, acid-base neutralization and diffusion.

Swift and Conversational Culture

Swift often noted his aversion to coffee-house conversation and to tavern talk, to gossip and company, and to being buried in Dublin in the years of his Deanship. Yet the popular myth of a morose, unsociable Swift belies both his engagement with various literary and political clubs in his early career and his participation in collaborative and experimental poetic games in his Dublin circles. This essay considers Swift’s involvement with three clubs in London (the Saturday Club, the Brothers’ Club, and the Scriblerians) and his writings on a number of fictional clubs (the Athenian Society, the Calves-Head Club, and a putative Society for the correction of the English language). While Swift wrote very little of his experience of actual clubs, the latter three, in addition to the Scriblerian Club as an imagined, rather than actual clubs, resulted in a number of defining poems and works in his career. When Swift settled in Dublin, poetry written and exchanged in a number of sociable circles characterised much of his published verse and gave glimpses of the circles and informal clubs which he formed among friends there. Although these poems are often dismissed as ‘trifles’, the essay argues that the poems are crucial for our understandings of ‘conversational culture’ or sociability in Swift’s Dublin.

Transitional Justice: Origins, Boundaries and Methods in Transitional Justice

Scholars and practitioners working in ‘transitional justice’ are concerned with remedies of accountability and redress in the aftermath of conflict and state repression. Transitional justice, it is argued, provides recognition of the rights of victims, promotes civic trust, and strengthens the democratic rule of law. As serious scholarship flourishes around this critical concept as never before, this new collection from Routledge meets the need for an authoritative reference work to map a vibrant site of research and reflection. In four volumes, Transitional Justice brings together foundational and the best and most influential cutting-edge materials, including key works produced before the term ‘transitional justice’ gained wide currency but which anticipate approaches now included under that rubric.

The collection covers themes such as: truth and history; acknowledgement, reconciliation, and forgiveness; retribution, restorative justice and reparations; and democracy, state-building, identity, and civil society

Transitional Justice: Conceptualising 'Transition'

Scholars and practitioners working in ‘transitional justice’ are concerned with remedies of accountability and redress in the aftermath of conflict and state repression. Transitional justice, it is argued, provides recognition of the rights of victims, promotes civic trust, and strengthens the democratic rule of law. As serious scholarship flourishes around this critical concept as never before, this new collection from Routledge meets the need for an authoritative reference work to map a vibrant site of research and reflection. In four volumes, Transitional Justice brings together foundational and the best and most influential cutting-edge materials, including key works produced before the term ‘transitional justice’ gained wide currency but which anticipate approaches now included under that rubric.

The collection covers themes such as: truth and history; acknowledgement, reconciliation, and forgiveness; retribution, restorative justice and reparations; and democracy, state-building, identity, and civil society

The Aran jumper: Crafting a Transatlantic Heritage

The garment we now recognise as the Aran jumper emerged as an international symbol of Ireland from the twin twentieth century transatlantic flows of migration and tourism. Its power as a heritage object derives from: 1) the myth commonly associated with the object, in which the corpse of a drowned fisherman is identified and claimed by his family due to the stitch patterns of his jumper (Pádraig Ó Síochain 1962; Annette Lynch and Mitchell Strauss 2014); 2) the meanings attached to those stitch patterns, which have been read, for example, as genealogical records, representations of the natural landscape and references to Christian and pre-Christian ‘Celtic’ religion (Heinz Kiewe 1967; Catherine Nash 1996); and 3) booming popular interest in textile heritage on both sides of the Atlantic, fed by the reframing of domestic crafts such as knitting as privileged leisure pursuits (Rachel Maines 2009; Jo Turney 2009). The myth of the drowned fisherman plays into transatlantic migration narratives of loss and reclamation, promising a shared heritage that needs only to be decoded. The idea of the garment’s surface acting as text (or map) situates it within a preliterate idyll of romantic primitivism, while obscuring the circumstances of its manufacture. The contemporary resurgence in home textile production as recreation, mediated through transnational online networks, creates new markets for heritage textile products while attracting critical attention to the processes through which such objects, and mythologies, are produced. The Aran jumper’s associations with kinship, domesticity and national character make it a powerful tool in the promotion of ancestral (or genealogical) tourism, through marketing efforts such as The Gathering 2013. Nash’s (2010; 2014) work demonstrates the potential for such touristic encounters to disrupt and enrich public conceptions of heritage, belonging and relatedness. While the Aran jumper has been used to commodify a simplistic sense of mutuality between Ireland and north America, it carries complex transatlantic messages in both directions.

Modulating mythology in a post-traumatic era: Murals and re-imaging in Northern Ireland.

Arguably the most ancient of the social media, wall paintings have been a persistent vehicle of cultural meaning management. The dynamics of myth markets are reflected in the sectarian murals of Northern Ireland. In this paper, we draw from consumer research literature on mythology and street art to explore the continuous revision of these wallscapes that seeks to address the enduring contradictions of civic ideology in contested political space. In particular, we focus on the use of classical, historical and pop-cultural mythologies to transform private space into public place. We examine the decommissioning of murals occurring in the wake of the Peace Accords, and speculate on the implications of the creation of a shared mythology for the future of mural painting and the state.

Remembering 1916: The Easter Rising, the Somme and the Politics of Memory in Ireland

The year 1916 witnessed two events that would profoundly shape both
politics and commemoration in Ireland over the course of the following
century. Although the Easter Rising and the Battle of the Somme were
important historical events in their own right, their significance also lay
in how they came to be understood as iconic moments in the emergence
of Northern Ireland and the Irish Republic. Adopting an interdisciplinary
approach drawing on history, politics, anthropology and cultural
studies, this volume explores how the memory of these two foundational
events has been constructed, mythologised and revised over the course
of the past century. The aim is not merely to understand how the Rising
and Somme came to exert a central place in how the past is viewed in
Ireland, but to explore wider questions about the relationship between
history, commemoration and memory.

Dublin 1916: theatre of revolt

At Easter 1916, Dublin city centre was one of a series of sites throughout Ireland where a rebellion was staged against British rule. It was a strategic failure, swiftly crushed by superior British forces. The event, however, subsequently took a central role in the mythology of modern Ireland.

The first visual representations were of the conflict’s aftermath: photographic journeys through landscapes of ruin. From the distance of the camera, we see none of the pockmarks of shell bursts, nor the etchings of machine guns. Instead, traces of life in the city seem to have been swept aside by an unseen hand: the passing of millennia or a violent action of nature. Architecture alone has witnessed and recorded its presence. Amongst the fragments, the shell of the General Post Office (G.P.O.) in Sackville Street is one of the few buildings still wholly recognizable. The remnants of its classical form, portico and pediment, columns and entablature seem to transcend its prosaic modern functions and allude to something more ancient. The bewilderment of city’s inhabitants is also recorded. Dubliners have become inquisitive tourists in streets which hitherto were the locus of everyday life. They wander around aimlessly in a landscape as alien and picturesque as Pompeii. This shift in perception was captured by the Irish poet W.B. Yeats who hinted that Dublin, purged of modern commercialism had transcended its petty inadequacies to revive a slumbering heroic past.

‘I have met them at the close of day
Coming with vivid faces
From counter or desk among grey
Eighteenth-century houses [.]’
All is changed, changed utterly:
A terrible beauty is born.’

His comments were prescient. Initially unpopular, the republican leaders, executed by the British, slowly became recast as heroic martyrs. Similarly, the spaces where their heroism was forged became venerated. The G.P.O. and Sackville Street, however, already had a republican history. It was originally conceived in the eighteenth century as part of a series of magnificent urban spaces to provide an arena of spectacle and self-celebration for the colonial Anglo-Irish and their vision of a Protestant republic. O’Connell/Sackville Street became the temporal, geographical and mythical hinge upon which two different versions of Irish republicanism waxed and waned. Its recasting after independence as a space of Catholic Nationalism bore testimony to its consistency in providing a backdrop for the production of ritual and myth. In the 1920s and 30s, as the nascent country, beset with economic stagnation and political tensions, turned to spectacle as a salve for it social problems, O’Connell Street and the G.P.O. provided its most sacred sites. Within the introduction of new myths, however, individual as well as national identities were created and consolidated. The emerging identity of modern Ireland became inextricably linked with that of one ambitious politician. His uses of the G.P.O. in particular revealed a perceptive understanding of the political uses of classical architecture and urban space.