História, literatura e cinema: um debate sobre a historicidade das imagens dos piratas e da pirataria

We seek, through this work, to understand the construction of the pirates’ images from the Golden Age of Piracy (late seventeenth through early eighteenth century) through the observation of the circulation of these images, which are not limited to one field of knowledge. We take into account the importance of the book “A General History of the robberies and murders of the most notorious pirates...” written by Charles Johnson for these constructions, not only literary, but also historiographical provided that the stories of pirates and piracy gained ground in historiography from the twentieth century on. We also seek to show that this historiographical space arises opposed to an apparent historiographical silence about these stories that lasts for about two centuries, related to a new way of writing history in the aesthetic regime, where it arises as a science through a poetics of knowledge, of which the philosopher Jacques Rancière helps us reflect. Lastly, reflecting upon how these images of pirates circulate nowadays, we seek to understand the historicity of the pirates’ images within that aesthetic regime based on some scenes of the film series Pirates of the Caribbean by Disney™.

Liberty in Things Doubtful or Indifferent: Sources and Expressions of Anglican Toleration in the American Colonies

Richard Hooker and John Locke were important sources for the thought and public lives of Anglican leaders in the North American colonies. A conviction about religious freedom of conscience during the first half of the eighteenth century constitutes a range of thinking about toleration that contributed to the birth of the republic.

Akrasia and the Aesthetic: Human Agency and the Site of Literature, 1760-1820

This study focuses on a series of foundational stylistic and formal innovations in eighteenth-century and Romantic literature, and argues that they can be cumulatively attributed to the distinct challenges authors faced in representing human action and the will. The study focuses in particular on cases of “acting against better judgment” or “failing to do what one knows one ought to do” – concepts originally theorized as “akrasia” and “weakness of the will” in ancient Greek and Scholastic thought. During the Enlightenment, philosophy increasingly conceives of human minds and bodies like systems and machines, and consequently fails to address such cases except as intractable or incoherent. Yet eighteenth-century and Romantic narratives and poetry consistently engage the paradoxes and ambiguities of action and volition in representations of akrasia. As a result, literature develops representational strategies that distinguish the epistemic capacities of literature as privileged over those of philosophy.

The study begins by centering on narratives of distempered selves from the 1760s. Jean-Jacques Rousseau’s Confessions and Laurence Sterne’s A Sentimental Journey narrate cases of knowingly and weakly acting against better judgment, and in so doing, reveal the limitations of the “philosophy of the passions” that famously informed sentimental literature at the time. These texts find that the interpretive difficulties of action demand a non-systematic and hermeneutic approach to interpreting a self through the genre of narrative. Rousseau’s narrative in particular informs William Godwin’s realist novels of distempered subjects. Departing from his mechanistic philosophy of mind and action, Godwin develops the technique of free indirect discourse in his third novel Fleetwood (1805) as a means of evoking the ironies and self-deceptions in how we talk about willing.

Romantic poetry employs the literary trope of weakness of will primarily through the problem of regretted inaction – a problem which I argue motivates the major poetic innovations of William Wordsworth and John Keats. While Samuel Taylor Coleridge sought to characterize his weakness of will in philosophical writing, Wordsworth turns to poetry with The Prelude (1805), revealing poetry itself to be a self-deceiving and disappointing form of procrastination. More explicitly than Wordsworth, John Keats identifies indolence as the prime symbol and basis of what he calls “negative capability.” In his letters and poems such as “On Seeing the Elgin Marbles” (1817) and “Ode on Indolence” (1819), Keats reveals how the irreducibly contradictory qualities of human agency speak to the particular privilege of “disinterested aesthetics” – a genre fitted for the modern era for its ability to disclose contradictions without seeking to resolve or explain them in terms of component parts.

Finance past, finance future: a brief exploration of the evolution of financial practices

As we work our way through the latest financial crisis, politicians seem both powerless to act convincingly and unable to craft from the welter of diverse and antagonistic narratives a coherent and convincing vision of the future. In this article, we argue that a temporal lens brings clarity to such confusion, and that thinking in terms of time and reflecting on privileged temporal structures helps to highlight underlying assumptions and distinguish different narratives from one another. We begin by articulating our understanding of temporality, and we proceed to apply this to the evolution of financial practice during different historical epochs as recently delineated by Gordon (2012). We argue that the principles of finance were effectively in place by the eighteenth century and that consequent developments are best conceptualized as phases in which one particular aspect is intensified. We find that in different historical periods, the temporal intensification associated with specific models of finance shifts, over history, from the past to the present to the future. We argue that a quite idiosyncratic understanding of the future has been intensified in the present phase, what we refer to as proximal future, and we explain how this has come to be. We then consider the ethical consequences of privileging an intensification of proximal future before mapping an alternative model centred on intensifying distal future, highlighting early signs of its potential emergence in the shadows of our present.

Cork’s international trade during the first industrial revolution

This thesis explores the impact international trade and commercial agreements had on the economic and industrial development of Cork during the first industrial revolution. From the Act of Union onwards Cork moved from a region where trade became increasingly reliant on Britain at the expense of trade that had been cultivated over the eighteenth century with the Americas and Europe. The legislative underpinnings of Cork’s trade is the focus of this research and how this changed after the Act of Union. It begins by examining the transatlantic trade of Cork city and the issues faced in the West Indies trade due to the growth of the United States. It will also consider the impact of the Napoleonic Wars on Cork’s trade with both the Americas and continental Europe. The conclusion of the Napoleonic Wars saw the United Kingdom negotiate treaties and agreements that would have a direct impact upon Cork’s merchants. This thesis will address the degree to which the mercantile community in Cork were able to influence policy that directly impacted upon their trade networks. It will then examine the trade between Cork and the United Kingdom and assess the impact of the Union on the ability of Cork’s merchants to affect political change. The operation of the Committee of Merchants in Cork is detailed and their responses to the changing nature of international trade. The thesis finishes by examining the underdevelopment of Cork’s transportation networks. This work will place Cork’s international trade in both its national and international context and argues that Cork’s mercantile community were overly reliant on protectionist legislation to further Cork’s trade as opposed to investment in industrial development. Volumetric data on the trade of Cork city has been transcribed and made available in a relational database to support the arguments made in this thesis and to facilitate future research on this subject. This database is accessible at http://modernirishvenice.com/.

Imaginer l’Amérique : Québec à travers les vues d’optique des graveurs allemands Habermann et Leizelt

Publiées dans la Collection des prospects durant la guerre d’Indépendance américaine, les vues d’optique Vuë de la Place capitale dans la Ville basse a Quebec, Vuë de la haute ville a Quebeck, Vuë de la basse Ville a Quebec vers le fleuve St-Laurent, Vuë de la rue des recolets de Quebeck et Vuë de Quebeck gravées par les Allemands Franz Xaver Habermann (1721-1796) et Balthasar Frederich Leizelt (1755-1812) entretiennent des liens ténus avec la configuration réelle de la ville de Québec qu’elles représentent. L’escamotage du paradigme documentaire dans ces images est l’enjeu principal de ce mémoire. Il permet de mettre l’accent sur les contraintes formelles découlant du dispositif optique de lecture utilisé ainsi que sur les modèles culturels concernant la perception du territoire urbain américain ayant prévalu lors de la création et de la réception des cinq vues d’optique à l’étude. L’analyse de la vision fictionnelle du paysage donnera également des indices sur les orientations idéologiques et l’imaginaire du lieu, perçu comme un ailleurs lointain, par un ensemble politique qui n’exerce pas de domination directe sur la colonie installée sur le bord du fleuve Saint-Laurent.

Situación de la profesión de bibliotecario público en la Universidad de Mallorca (1770-1808)

La Universidad de Mallorca consigue en 1770, por donación real, las bibliotecas que habían formado los Jesuitas en sus colegios de Montesión y San Martín en Palma y el de San Ignacio en Pollença. El objetivo de este trabajo es estudiar a los bibliotecarios que van a estar al cargo de esta biblioteca, universitaria y pública, formada con la unión de las tres mencionadas bibliotecas. Se analizan también todas las solicitudes que se envían al rey Carlos III desde Mallorca para ocupar dicho cargo. La metodología utilizada ha sido la consulta de la documentación generada en la época y conservada en archivos históricos de Madrid y Palma. Los resultados de la investigación se pueden resumir en que la profesión de bibliotecario en la Mallorca de la segunda mitad del siglo XVIII tiene prestigio y está socialmente bien considerada.

Patronazgo nobiliario e individuo. Los Macanaz y la “hora” del XVIII

Desde la fecunda obra de Caro Baroja, la renovación de las élites de gobierno localizada a comienzos del setecientos ha llamado la atención de una parte de la historiografía preocupada en proponer diversos enfoques con los que interpretar este proceso de enormes consecuencias sociales y políticas. El caso de los Macanaz presenta una serie de peculiaridades que lo hacen propicio para un análisis detallado de su proceso de promoción familiar en el que sobresale la trascendencia de ciertos factores escasamente subrayados hasta el momento. El importante papel desempeñado por la casa aristocrática de Villena y el escaso peso de lo local o regnícola en su proyección posterior, nos servirá para cuestionar la dimensión de los Macanaz como iniciadores de una hipotética “hora murciana”, destacando en su caso la importancia de otros elementos complementarios como el patrocinio nobiliario, el mérito, la formación y la capacidad e iniciativa individual, vías también de acceso al servicio del rey.

Commentary on: The Articles of the Pope's Bulle (1518)

One of the earliest examples of works printed by Richard Pynson, the King's Printer between 1508 and 1530, to make reference to the fact that the work in question was printed under the protection of the King. The royal printing privilege provided one of two different models for preventing the unauthorised reproduction of works after publication which prefigured the introduction of statutory copyright in the early eighteenth century.The commentary describes the early attitudes of the monarchy towards the regulation of the printing trade within England, and the exercise of the royal prerogative in granting printing privileges not just to the royal printer, but to other favoured subjects both in relation to individual works as well as to entire classes of work (with the latter more often referred to as printing patents).

Commentary on early Tudor printing privileges 1553: Totell's Printing Patent (1553)

One of the earliest examples of work printed by Richard Pynson, the King's Printer between 1508 and 1530, to make reference to the fact that the work in question was printed under the protection of the King. The royal printing privilege provided one of two different models for preventing the unauthorised reproduction of works after publication which prefigured the introduction of statutory copyright in the early eighteenth century.
The commentary describes the early attitudes of the monarchy towards the regulation of the printing trade within England, and the exercise of the royal prerogative in granting printing privileges not just to the royal printer, but to other favoured subjects both in relation to individual works as well as to entire classes of work (with the latter more often referred to as printing patents).

Rethinking Copyright: History, Theory, Language

This book provides the reader with a critical insight into the history and theory of copyright within contemporary legal and cultural discourse. It exposes as myth the orthodox history of the development of copyright law in eighteenth-century Britain and explores the way in which that myth became entrenched throughout the nineteenth and early twentieth centuries. To this historical analysis are added two theoretical approaches to copyright not otherwise found in mainstream contemporary texts. Rethinking Copyright introduces the reader to copyright through the prism of the public domain before considering how best to locate copyright within the parameters of traditional property discourse. Underpinning these various historical and theoretical strands, the book explores the constitutive power of legal writing and the place of rhetoric in framing and determining contemporary copyright policy and discourse.

Commentary on Milton's Contract 1667

The contract between the poet John Milton and the stationer Samuel Simmons, concerning the publication of Paradise Lost, is the earliest agreement between an author and a publisher for which there exists documentary evidence. The commentary suggests that, while the terms of the contract do not necessarily reveal anything substantive about how authors in the mid-seventeenth century understood the nature of the rights they had in their manuscript work, it is nevertheless significant. Since the early eighteenth century, Milton, his work, and his contract with Simmons, were all co-opted, in a variety of ways, to service contemporary debates about the status of the author, about author-publisher relations, and about the nature of the relationship between an author and his work within the context of the emerging copyright regime.

Commentary on Locke's Second Treatise on Government (1690)

Extracts from a treatise in which Locke sets out his labour theory of property.
Locke's writings on the labour theory of property provided eighteenth century proponents of the concept of copyright at common law (that is, copyright as a natural authorial property right) with a philosophical basis upon which to develop their arguments. The commentary explores the significance of a series of correspondence between John Locke and Edward Clarke, then MP for Taunton, concerning the lapse of the Licensing Act 1662 (uk_1662), and in the run up to the passing of the Statute of Anne 1710 (uk_1710). The commentary argues that, regardless of how Locke's writings on property were subsequently co-opted in the mid-eighteenth century debates as to the nature of copyright, it is doubtful whether Locke himself considered that copyright existed at common law.

What is the Point of Copyright History?:Reflections on Copyright at Common law in 1774 by H. Tomás Gómez-Arostegui

Copyright history has long been a subject of intense and contested enquiry. Historical narratives about the early development of copyright were first prominently mobilised in eighteenth century British legal discourse, during the so-called Battle of the Booksellers between Scottish and London publishers. The two landmark copyright decisions of that time – Millar v. Taylor (1769) and Donaldson v. Becket (1774) – continue to provoke debate today. The orthodox reading of Millar and Donaldson presents copyright as a natural proprietary right at common law inherent in authors. Revisionist accounts dispute that traditional analysis. These conflicting perspectives have, once again, become the subject of critical scrutiny with the publication of Copyright at Common Law in 1774 by Prof Tomas Gomez-Arostegui in 2014, in the Connecticut Law Review ((2014) 47 Conn. L. Rev. 1) and as a CREATe Working Paper (No. 2014/16, 3 November 2014).

Taking Prof Gomez-Arostegui’s extraordinary work in this area as a point of departure, Dr Elena Cooper and Professor Ronan Deazley (then both academics at CREATe) organised an event, held at the University of Glasgow on 26th and 27th March 2015, to consider the interplay between copyright history and contemporary copyright policy. Is Donaldson still relevant, and, if so, why? What justificatory goals are served by historical investigation, and what might be learned from the history of the history of copyright? Does the study of copyright history still have any currency within an evidence-based policy context that is increasingly preoccupied with economic impact analysis?

This paper provides a lasting record of these discussions, including an editorial introduction, written comments by each of the panelists and Prof. Gomez-Arostegui and an edited transcript of the Symposium debate.

Commentary on Gyles v. Wilcox (1741)

Case in which Lord Hardwicke introduces the concept of the ‘fair abridgement', and which is generally regarded as the forerunner to the broader doctrine of ‘fair use' developed in the courts throughout the nineteenth century. The document includes two different reports of the decision, as well as an essay by Samuel Johnson on the right to abridge an author's work.
The commentary describes the background to the case, in particular the nature of periodical publication throughout the eighteenth century, the rise of the magazine format in the 1730s, as well as relevant case-law both prior to, and following, the decision. The commentary suggests that while the decision in Gyles can be understood as one guided by public interest arguments similar to those informing the rationale behind the Statute of Anne 1710 (that is, the encouragement of learning and production of useful books) (uk_1710), it can equally be regarded as one in which the court, in effect, expanded the rights of the copyright owner beyond the protections provided by the legislation.