Earl of Aylesford v Morris (1873)

A Characteristic of a landmark case is that it stands for a proposition of law. In Earl of Aylesford v Morris,1 Lord Selborne held that where there existed an inequality between contracting parties, with weakness on one side and an extortionate advantage taken of that weakness on the other, the contract could not stand unless the party claiming the benefit of the contract could rebut the presumption by establishing that the transaction was ‘fair, just and reasonable’. This chapter examines the historical circumstances behind the formulation of this proposition.

Climate and carbon cycle changes from 1850 to 2100 in MPI-ESM simulations for the Coupled Model Intercomparison Project phase 5

The new Max-Planck-Institute Earth System Model (MPI-ESM) is used in the Coupled Model Intercomparison Project phase 5 (CMIP5) in a series of climate change experiments for either idealized CO2-only forcing or forcings based on observations and the Representative Concentration Pathway (RCP) scenarios. The paper gives an overview of the model configurations, experiments related forcings, and initialization procedures and presents results for the simulated changes in climate and carbon cycle. It is found that the climate feedback depends on the global warming and possibly the forcing history. The global warming from climatological 1850 conditions to 2080–2100 ranges from 1.5°C under the RCP2.6 scenario to 4.4°C under the RCP8.5 scenario. Over this range, the patterns of temperature and precipitation change are nearly independent of the global warming. The model shows a tendency to reduce the ocean heat uptake efficiency toward a warmer climate, and hence acceleration in warming in the later years. The precipitation sensitivity can be as high as 2.5% K−1 if the CO2 concentration is constant, or as small as 1.6% K−1, if the CO2 concentration is increasing. The oceanic uptake of anthropogenic carbon increases over time in all scenarios, being smallest in the experiment forced by RCP2.6 and largest in that for RCP8.5. The land also serves as a net carbon sink in all scenarios, predominantly in boreal regions. The strong tropical carbon sources found in the RCP2.6 and RCP8.5 experiments are almost absent in the RCP4.5 experiment, which can be explained by reforestation in the RCP4.5 scenario.

Small wars and insurgencies in theory and practice, 1500-1850

In early modern times, warfare in Europe took on many diverse and overlapping forms. Our modern notions of ‘regular’ and ‘irregular’ warfare, of ‘major war’ and ‘small war’, have their roots in much greater diversity than such binary notions allow for. While insurgencies go back to time immemorial, they have become conceptually fused with ‘small wars’. This is a term first used to denote special operations, often carried out by military companies formed from special ethnic groups and then recruited into larger armies. In its Spanish form, guerrilla, the term ‘small war’ came to stand for an ideologically-motivated insurgency against the state authorities or occupying forces of another power. There is much overlap between the phenomena of irregular warfare in the sense of special operations alongside regular operations, and irregular warfare of insurgents against the regular forces of a state. This book demonstrates how long the two phenomena were in flux and fed on each other, from the raiding operations of the 16th century to the ‘small wars’ or special operations conducted by special units in the 19th century, which existed alongside and could merge with a popular insurgency. This book is based on a special issue of the journal Small Wars & Insurgencies.

Evaluation of a modern-analogue methodology for reconstructing Australian palaeoclimate from pollen

Quantitative palaeoclimate reconstructions are widely used to evaluate climatemodel performance. Here, as part of an effort to provide such a data set for Australia, we examine the impact of analytical decisions and sampling assumptions on modern-analogue reconstructions using a continent-wide pollen data set. There is a high degree of correlation between temperature variables in the modern climate of Australia, but there is sufficient orthogonality in the variations of precipitation, summer and winter temperature and plant–available moisture to allow independent reconstructions of these four variables to be made. The method of analogue selection does not affect the reconstructions, although bootstrap resampling provides a more reliable technique for obtaining robust measures of uncertainty. The number of analogues used affects the quality of the reconstructions: the most robust reconstructions are obtained using 5 analogues. The quality of reconstructions based on post-1850 CE pollen samples differ little from those using samples from between 1450 and 1849 CE, showing that European post settlement modification of vegetation has no impact on the fidelity of the reconstructions although it substantially increases the availability of potential analogues. Reconstructions based on core top samples are more realistic than those using surface samples, but only using core top samples would substantially reduce the number of available analogues and therefore increases the uncertainty of the reconstructions. Spatial and/or temporal averaging of pollen assemblages prior to analysis negatively affects the subsequent reconstructions for some variables and increases the associated uncertainties. In addition, the quality of the reconstructions is affected by the degree of spatial smoothing of the original climate data, with the best reconstructions obtained using climate data froma 0.5° resolution grid, which corresponds to the typical size of the pollen catchment. This study provides a methodology that can be used to provide reliable palaeoclimate reconstructions for Australia, which will fill in a major gap in the data sets used to evaluate climate models.