Conrad Summenhart's theory of individual rights and its medieval background

This study focuses on the theory of individual rights that the German theologian Conrad Summenhart (1455-1502) explicated in his massive work Opus septipartitum de contractibus pro foro conscientiae et theologico. The central question to be studied is: How does Summenhart understand the concept of an individual right and its immediate implications? The basic premiss of this study is that in Opus septipartitum Summenhart composed a comprehensive theory of individual rights as a contribution to the on-going medieval discourse on rights. With this rationale, the first part of the study concentrates on earlier discussions on rights as the background for Summenhart s theory. Special attention is paid to language in which right was defined in terms of power . In the fourteenth century writers like Hervaeus Natalis and William Ockham maintained that right signifies power by which the right-holder can to use material things licitly. It will also be shown how the attempts to describe what is meant by the term right became more specified and cultivated. Gerson followed the implications that the term power had in natural philosophy and attributed rights to animals and other creatures. To secure right as a normative concept, Gerson utilized the ancient ius suum cuique-principle of justice and introduced a definition in which right was seen as derived from justice. The latter part of this study makes effort to reconstructing Summenhart s theory of individual rights in three sections. The first section clarifies Summenhart s discussion of the right of the individual or the concept of an individual right. Summenhart specified Gerson s description of right as power, taking further use of the language of natural philosophy. In this respect, Summenhart s theory managed to bring an end to a particular continuity of thought that was centered upon a view in which right was understood to signify power to licit action. Perhaps the most significant feature of Summenhart s discussion was the way he explicated the implication of liberty that was present in Gerson s language of rights. Summenhart assimilated libertas with the self-mastery or dominion that in the economic context of discussion took the form of (a moderate) self-ownership. Summenhart discussion also introduced two apparent extensions to Gerson s terminology. First, Summenhart classified right as relation, and second, he equated right with dominion. It is distinctive of Summenhart s view that he took action as the primary determinant of right: Everyone has as much rights or dominion in regard to a thing, as much actions it is licit for him to exercise in regard to the thing. The second section elaborates Summenhart s discussion of the species dominion, which delivered an answer to the question of what kind of rights exist, and clarified thereby the implications of the concept of an individual right. The central feature in Summenhart s discussion was his conscious effort to systematize Gerson s language by combining classifications of dominion into a coherent whole. In this respect, his treatement of the natural dominion is emblematic. Summenhart constructed the concept of natural dominion by making use of the concepts of foundation (founded on a natural gift) and law (according to the natural law). In defining natural dominion as dominion founded on a natural gift, Summenhart attributed natural dominion to animals and even to heavenly bodies. In discussing man s natural dominion, Summenhart pointed out that the natural dominion is not sufficiently identified by its foundation, but requires further specification, which Summenhart finds in the idea that natural dominion is appropriate to the subject according to the natural law. This characterization lead him to treat God s dominion as natural dominion. Partly, this was due to Summenhart s specific understanding of the natural law, which made reasonableness as the primary criterion for the natural dominion at the expense of any metaphysical considerations. The third section clarifies Summenhart s discussion of the property rights defined by the positive human law. By delivering an account on juridical property rights Summenhart connected his philosophical and theological theory on rights to the juridical language of his times, and demonstrated that his own language of rights was compatible with current juridical terminology. Summenhart prepared his discussion of property rights with an account of the justification for private property, which gave private property a direct and strong natural law-based justification. Summenhart s discussion of the four property rights usus, usufructus, proprietas, and possession aimed at delivering a detailed report of the usage of these concepts in juridical discourse. His discussion was characterized by extensive use of the juridical source texts, which was more direct and verbal the more his discussion became entangled with the details of juridical doctrine. At the same time he promoted his own language on rights, especially by applying the idea of right as relation. He also showed recognizable effort towards systematizing juridical language related to property rights.

The Mid-Century Showroom: Knoll, Herman Miller and the Retail Exhibition of Modern American Design

Although occasionally illustrated and referenced in contemporary histories of modern furniture and design, there is surprisingly little critical discussion or consideration of the role of the showroom in the promotion and dissemination of modern design during the mid-twentieth century. In these years, when the American lifestyle was popularly articulated and forcefully propagandized, the furniture showroom served as a principle site of professional and public indoctrination. Appropriating display techniques from modern exhibition design to showcase the American lifestyle as an abstracted, spatially integrated art form, the showroom provided an unencumbered landscape ideally suited to camera’s lens and the public’s imagination. Leading modern American furniture manufacturers, such as Herman Miller and Knoll Associates collaborated with major cultural institutions as well as department stores and retailers to maximize exposure and consumer demand for their products. Through such integrated marketing and merchandising strategies, showrooms also contributed to the broader social project to educate American consumers about modern design and the advantages of modern living. Related to the many model home programs and “good design” exhibitions of the 1950s, the furniture showroom occupies a unique place within the history and discourse of the postwar era. The peculiarities of the furniture showroom and its position as a point of intersection between the trade and the consumer, the commercial and the cultural, and the aesthetic and the ideological form the focus of this study.

The United Nations and juvenile justice: An overview

The purpose of this article is to provide an overview of the various United Nations instruments relevant to juvenile justice and to examine how knowledge of these can assist those interested in the protection and enhancement of young people's rights in the justice system. It is argued that whilst these instruments are variable they are valuable tools for unmasking the discriminatory and unjust treatment of young people who come into contact with the justice system.

Analysis and evaluation of public health policy in Cuba : progress on millennium development goals

[EN] The main objective of this project is to analyze Cuban public health policy and the Millennium Development Goals, especially those linked to the issue of health, presenting their potential and strengths with a well-defined time horizon (2000-2015). The Millennium Development Goals are the international consensus on development and was signed as an international minimum agreement, with which began the century. The MDGs promote various goals and targets, with the corresponding monitoring indicators, which should be achieved by all countries for the present year. Health is an area that is at the center of the Millennium Development Goals, which reinforce each other to get a true human development itself. The research was done through theoretical frameworks of social production of health and disease, social justice and the power structure. A retrospective analysis of Cuban economic and social context is performed in order to study whether health-related MDGs are likely to be completed by the deadline on the island and likewise, the main parameters related to health compared with those of the neighboring countries in the Americas.

Em nome do pai, do filho e do poder joanino: Portugal e a Santa Sé na primeira metade do século XVIII

Esta tese tem como propósito analisar as relações político-diplomáticas entre Portugal e a Santa Sé na primeira metade do século XVIII, tendo como principal problemática o corte das relações diplomáticas entre as duas cortes -, ocorrido entre 1728-1731. O episódio resultou, no nível mais imediato, da recusa de Roma em conceder paridade a Portugal diante das outras cortes europeias, negando a ascensão do núncio apostólico Vicente Bichi, ao título de cardeal. Tal política inseria-se em uma linguagem diplomática tradicional, para a qual Roma permanecia o centro da cristandade e distribuidora de privilégios. A opção de D. João V em manter-se fiel a uma linguagem tradicional não o impediu de se apropriar e de utilizar uma linguagem moderna, expressão compartilhada pelos loci de poder setecentistas, representados pelas monarquias que se consolidavam na França, na Inglaterra, na Áustria, na Prússia e até na Rússia, operando a partir de uma razão de Estado, a linguagem diplomática moderna, que configurou o tabuleiro político europeu entre os congressos de Utrecht e de Viena. Linguagem esta que fora traduzida pelos embaixadores ou chefes de missão portugueses, o que permitiu a participação de Portugal nas grandes decisões do período e consolidou a política de privilégio de D. João V, consagrando o monarca Fidelíssimo e, consequentemente, o reino português numa Europa em transformação.

Reading the rhetoric of nationhood in two Reformation pamphlets by Richard Morison and Nicholas Bodrugan

Mottram, S. (2005). Reading the rhetoric of nationhood in two Reformation pamphlets by Richard Morison and Nicholas Bodrugan. Renaissance Studies. 19(4), pp.523-540. RAE2008

The Newgate Novel and Sensation Fiction 1830-1868

Pykett, Lyn. 'The Newgate Novel and Sensation Fiction 1830-1868', In: The Cambridge Companion to Crime fiction (Cambridge: Cambridge University Press, 2003), pp.19-39 RAE2008

The Cambrian Muse: Welsh Identity and Hanoverian Loyalty in the Poems of Jane Brereton (1685-1740)

Prescott, S. (2005). The Cambrian Muse: Welsh Identity and Hanoverian Loyalty in the Poems of Jane Brereton (1685-1740). Eighteenth -Century Studies. 38(4), pp.587-603. RAE2008

Approaching the Unapproached Light: Milton and the Romantic Visionary

Shears, J. (2006). Approaching the Unapproached Light: Milton and the Romantic Visionary. In G. Hopps and J. Stabler (Eds.), Romanticism and Religion from William Cowper to Wallace Stevens (pp.25-40). The Nineteenth Century Series. Aldershot: Ashgate. RAE2008

Dr. Richard Caulfield: antiquarian, scholar and academic librarian

The history of higher learning in Cork can be traced from its late eighteenth-century origins to its present standing within the extended confines of the Neo-Gothic architecture of University College, Cork. This institution, founded in 1845 was the successor and ultimate achievement of its forerunner, the Royal Cork Institution. The opening in 1849 of the college, then known as Queen's College, Cork, brought about a change in the role of the Royal Cork Institution as a centre of education. Its ambition of being the 'Munster College' was subsumed by the Queen's College even though it continued to function as a centre of learning up to the 1805. At this time its co-habitant, the School of Design, received a new wing under the benevolent patronage of William Crawford, and the Royal Cork Institution ceased to exist as the centre for cultural, technical and scientific learning it had set out to be. The building it occupied is today known as the Crawford Municipal Art Gallery.

Ballineaspigmore and Bishopstown House

Ballineaspig, anglicised Bishopstown, consists of two townlands which are Ballineaspigmore and Ballineaspigbeg. Taken together, both townlands oc­cupy an area identifiable in modern day terms as lying approximately be­tween the old Glasheen National School on the east side and what was, until recently, the University Farm Curraheen Road on the west. A townland is the smallest administrative land division in Ireland. Historians and other scholars are as yet inconclusive about the origins of these divisions. They are certainly as old as the seventeenth century. The townland with which this booklet is concerned is known as Ballineaspigmore. It extends west from the new Regional Hospital at Wilton and includes modern housing estates such as Uam-Var, Benvoirlich and Firgrove. The simplest translation of the townland name is the large land division of the bishop. To clarify a popular misconception, Bishopstown does not derive its name from the fact that in the early eighteenth century a bishop of Cork built his country residence there. The name is much older and can be found in sources dating back to the sixteenth century.

Tudor ‘reform’ treatises and government policy in sixteenth century Ireland

During the sixteenth century hundreds of treatises, position papers and memoranda were composed on the political state of Ireland and how best to ‘reform’, ‘conquer’ or otherwise incorporate that island into the wider Tudor kingdom. These ‘reform’ treatises attempted to identify and analyse the prevailing political, social, cultural and economic problems found in the Irish polity before positing how government policy could be altered to ameliorate these same problems. Written by a broad array of New English, Old English and Gaelic Irish authors, often serving within Irish officialdom, the military, or the Church of Ireland, these papers were generally circulated amongst senior ministers and political figures throughout the Tudor dominions. As such they were written with the express purpose of influencing the direction of government policy for Ireland. Collectively these documents are one of the most significant body of sources, not just for the study of government activity in the second Tudor kingdom, but indeed for the broader history of sixteenth century Ireland. This thesis offers the first systematic study of these texts. It does so by exploring the content of the hundreds of such works and the ‘reform’ treatise as a type of text, while the interrelationship of these documents with government policy in Tudor Ireland, and their effect thereon, is also explored. In so doing it charts the developments from origin to implementation of the principal strategies employed by Tudor Englishmen to enforce English control over the whole of Ireland. Finally, it clearly demonstrates that the ‘reform’ treatises were both central to government activity in sixteenth century Ireland and to the historical developments which occurred in that time and place.

The Irish House of Lords, 1780-1800: politics and ideology

This thesis covers the Irish House of Lords in the last two decades of its life. A number of important themes run through the work - the regency crisis, patronage, the management of the Lords, the relationship between the Lords and Commons. These themes, explored from different angles, are vital to an understanding of the political role of the upper house in the 1780s and 1790s. This study is confined to the Lords as a political institution and thus its judicial role as final court of appeal, which was restored to it in 1782, will not be explored here. The thesis consists of two parts. Part one examines the structure and powers of the House of Lords while part two looks at the parties and policies of the house. Chapter one discusses the British constitution as imposed upon Ireland. Chapter two suggests the reasons why constitutional changes were introduced in 1782, and looks at the contribution made by the Irish House of Lords in securing these changes. Chapter three explores the various channels of influence which the peers enjoyed. Chapter four explores the sometimes tense relationship between Lords and Commons. Chapter five examines management of the House of Lords by Dublin Castle. Part two, begins at chapter six. This chapter explores the leadership of both parties within the Lords. Chapter seven looks at how patronage was used to reward those who were loyal to the government. Chapter eight explores the influence of the Whig opposition. Chapter nine looks at the controversial attempts made by Pitt and his ministry during the 1790s to win the support of catholics and turn them from the lure of French ideas, and of the response of the peers to these attempts. Chapter ten is concerned with the relationship between the peers of the House of Lords and the lords lieutenant during the 1790s. Chapter eleven looks at the Union and the House of Lords and attempts to answer the question historians have long asked: why did the Irish parliament and the House of Lords in particular, look favourably on the proposed union of the two kingdoms and the end of their own institution? The House of Lords in the closing decades of the eighteenth century was an institution within which the wealth and power of the kingdom could be found. Its members were politically active, both inside and outside the house. It contained a majority who saw the Crown as the source of stability, but it was a living and evolving political organism and therefore it contained men who believed that the Crown should have its influence limited. This evolution is also demonstrated in its desire for political change in 1782 and 1788. Its last, and perhaps most radical decision, was to vote for its own demise in 1900.

Continuity and Change on an Urban Houselot: Archaeological Excavation at the 22 West Street Backlot (18AP51) of the Annapolis National Historic District, Anne Arundel County, Maryland

Intensive archaeological investigation was undertaken on an urban backlot in Annapolis, Maryland. Fieldwork was conducted on behalf of Historic Annapolis Foundation for the property's owners, King and Cornwall, Inc. Supplemental documentary research, an evaluation of existing conditions on the property, and below-ground excavation of a 35 X 70 ft. urban backlot were conducted. While the project was not a Section 106 compliance effort, the field methods and rationale for the site's investigation are comparable to those of standard Phase II site evaluations. Historical documentation attested to the fact that the 22 West Street Backlot, located along the western most edge of the Historic District of Annapolis, Maryland, had seen development and occupation since the first quarter of the eighteenth century. A substantial brick structure was known to have occupied the property in a series of altered forms for much of that period. This structure served a variety of purposes over time: a private residence in the eighteenth century, a boarding house in the nineteenth century (known as the National Hotel), a duplex in the early twentieth century, half of which remained in use until the structure was entirely razed in the 1970s after destruction by fire. Recovery and analysis of site formation processes (i.e., both cultural and natural transformations of the buried remains) indicated that sections of the site were disturbed to a depth of six feet. In contrast to what initially seemed a poor prognosis for site integrity, other areas of the backlot revealed numerous intact historical features and deposits. Structural remains from the dwelling and its associated outbuildings, additions, and attendant trash deposits were recovered. What was initiated as a program of limited testing evolved into a larger-scale undertaking that made use of largely hand-excavated units in conjunction with machine-assisted stripping of areas demonstrated to contain from four to six-foot deep sterile layers of fill. The current investigations provided a window into a portion of the city and period in its history not documented archaeologically. Moreover, this project provided valuable insight into the archaeology of the homelot within a lightly industrialized, urban context. Evidence was recovered of shifts in the layout and arrangement of the houselot as well as changing relations between individuals and the workplace--all within an urban context--an issue defined elsewhere in the archaeological literature as a significant one. No further investigations are recommended for the site, however, further analysis and interpretation of materials recovered are ongoing. In the event that the site were to undergo development, monitoring of any construction activity is recommended.

MUSICAL THEATER AND THE CLASSICAL VOICE: CROSSOVER SINGING IN THE TWENTIETH CENTURY

This dissertation explores the transformation of opera comique (as represented by the opera Carmen) and the impact of verismo style (as represented by the opera La Boheme) upon the development of operetta, American musical theater and the resultant change in vocal style. Late nineteenth-century operetta called for a classically trained soprano voice with a clear vibrato. High tessitura and legato were expected although the quality of the voice was usually lighter in timbre. The dissertation comprises four programs that explore the transformation of vocal and compositional style into the current vocal performance practice of American musical theater. The first two programs are operatic roles and the last two are recital presentations of nineteenth- and twentieth- century operetta and musical theater repertoire. Program one, Carmen, was presented on July 26, 2007 at the Marshall Performing Arts Center in Duluth, MN where I sang the role of Micaela. Program two, La Boheme, was presented on May 24,2008 at Randolph Road Theater in Silver Spring, MD where I sang the role of Musetta. Program three, presented on December 2, 2008 and program four, presented on May 10, 2009 were two recitals featuring operetta and musical theater repertoire. These programs were heard in the Gildenhorn Recital Hall at the Clarice Smith Performing Arts Center in College Park, MD. Programs one and two are documented in a digital video format available on digital video disc. Programs three and four are documented in a digital audio format available on compact disc. All programs are accompanied by program notes also available in digital format.