A comparative evaluation of the legislative controls on unfair terms and exemption clauses in consumer and business contracts in England and Brazil

The purpose of the present study is to make a comparative evaluation of the legislative controls on unfairness in the context of B2B, B2C and small businesses contracts in England and Brazil. This work will focus on the examination of statutes and relevant case law which regulate exemption clauses and terms on the basis of their ‘unfairness’. The approach adopted by legislation and courts towards the above controls may vary according to the type of contract. Business contracts are more in line with the classical model of contract law according to which parties are presumably equals and able to negotiate terms. As a consequence interventions should be avoided for the sake of freedom of contract even if harmful terms were included. Such assumption of equality however is not applicable to small businesses contracts because SMEs are often in a disadvantageous position in relation to their larger counterparties. Consumer contracts in their turn are more closely regulated by the English and Brazilian legal systems which recognised that vulnerable parties are more exposed to unfair terms imposed by the stronger party as a result of the inequality of bargaining power. For this reason those jurisdictions adopted a more interventionist approach to provide special protection to consumers which is in line with the modern law of contract. The contribution of this work therefore consists of comparing how the law of England and Brazil tackles the problem of ‘unfairness’ in the above types of contracts. This study will examine the differences and similarities between rules and concepts of both jurisdictions with references to the law of their respective regional trade agreements (EU and the Mercosul). Moreover it will identify existing issues in the English and Brazilian legislation and recommend lessons that one system can learn from the other.

Submission for the degree of Doctor of Science in the University of Aston in Birmingham

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Orthodox Christianity and Nationalism in Nineteenth-Century Southeastern Europe

Nation-building processes in the Orthodox commonwealth brought together political institutions and religious communities in their shared aims of achieving national sovereignty. Chronicling how the churches of Greece, Romania, Bulgaria, and Serbia acquired independence from the Patriarchate of Constantinople in the wake of the Ottoman Empire’s decline, Orthodox Christianity and Nationalism in Nineteenth-Century Southeastern Europe examines the role of Orthodox churches in the construction of national identities. Drawing on archival material available after the fall of communism in southeastern Europe and Russia, as well as material published in Greek, Serbian, Bulgarian, Romanian, and Russian, Orthodox Christianity and Nationalism in Nineteenth-Century Southeastern Europe analyzes the challenges posed by nationalism to the Ecumenical Patriarchate and the ways in which Orthodox churches engaged in the nationalist ideology.

A hatalmi viszonyok a világgazdaság és a katonai szektor a XXI. században = Power relations in the world economy and the military sector in 21st century

A bipoláris világrendszer megszűnése a XX. század utolsó évtizedében új helyzetet teremtett a globális politikai és gazdasági viszonyokban, ugyanakkor nem mellékesen a hadiiparban is. A szerző, szem előtt tartva a hatalmi viszonyok jövőbeli elkerülhetetlen átrendeződését, elsősorban a katonai szektor előtt álló, a XXI. századra előrevetíthető kihívásokat, lehetőségeket, a szektor jövőbeli pályáját tekinti át. A hadiiparral kapcsolatban indokolt a hidegháború utáni világ fegyverkezési helyzetének, fegyveres erőinek számbavétele csakúgy, mint a releváns elméleti keretek ismertetése, továbbá a fontos globális szereplők biztonságpolitikájának vizsgálata. A katonai szektor jelenének és jövőjének alapos elemzése nem nélkülözheti a katonai kiadások jelenlegi – a világgazdasági válság által befolyásolt – és a következő évtizedekben várható alakulásának vizsgálatát. Végül, de nem utolsó sorban a szerző áttekinti a XXI. századi haditechnikai forradalom már most látható és a jövőben valószínűsíthető vívmányait, a fontosabb haditechnikai tendenciákat, illetve elemzi a nemzetközi fegyverpiac helyzetét. __________________ The end of the Cold War led to a new situation in global political and economic affairs, as well as in the military sector. The author, taking into consideration the inevitable future power shifts, provides an overview of the challenges, possibilities and future paths of the military sector. Relevant issues include assessing the arms and armed forces of the post-Cold War era, as well as the analysis of theoretical frameworks and the security policies of the important global actors. Understanding the present and the future of the military sector is not possible without the thorough analysis of military expenditures and their likely future trends. The author also overviews the outcomes of the 21st century revolution in military technology and analyses the global arms market.

Sugar and coffee: A history of settler agriculture in nineteenth-century Liberia

This dissertation is about commercial agriculture in nineteenth-century Liberia. Based primarily on the archives of the American Colonization Society (founder of Liberia), it examines the impact of environmental and demographic constraints on an agrarian settler society from 1822 to the 1890s. Contrary to the standard interpretation, which linked the poor state of commercial agriculture to the settlers' disdain for cultivation, this dissertation argues that the scarcity of labor and capital impeded the growth of commercial agriculture. The causes of the scarcity were high mortality, low immigration and the poverty of the American “Negroes” who began to settle Liberia in 1822. ^ Emigration to Liberia meant almost certain death and affliction for many immigrants because they encountered a new set of diseases. Mortality was particularly high during the early decades of colonization. From 1822 to 1843, about 48 percent of all immigrants died of various causes, usually within their first year. The bulk of the deaths is attributed to malaria. There was no natural increase in the population for this early period and because American “Negroes” were unenthusiastic about relocation to Liberia, immigration remained sparse throughout the century. Low immigration, combined with the high death rate, deprived the fledgling colony of its potential human resource, especially for the cultivation of labor-intensive crops, like sugar cane and coffee. Moreover, even though females constituted approximately half of the settlers, they seldom performed agricultural labor. ^ The problem of labor was compounded by the scarcity of draft animals. Liberia is in the region where trypanosomiasis occurs. The disease is fatal to large livestock. Therefore, animal-drawn plows, common in the United States, were never successfully transplanted in Liberia. Besides, the dearth of livestock obstructed the development of the sugar industry since many planters depended on oxen-powered mills because they could not afford to buy the more expensive steam engine mills. ^ Finally, nearly half of the immigrants were newly emancipated slaves. Usually these former bondsmen arrived in Liberia penniless. Consequently, they lacked the capital to invest in large-scale plantations. The other categories of immigrants (e.g., those who purchased their freedom), were hardly better off than the emancipated slaves. ^

Patronage and bribery in sixteenth-century Peru: The government of Viceroy Conde del Villar and the visita of Licentiate Alonso Fernandez de Bonilla

This dissertation deals with the nature of the political system in sixteenth-century colonial Spanish America through an analysis of the administration of Viceroy Fernando de Torres y Portugal, Conde del Villar, in Peru (1585–1590). The political conflicts surrounding his government and the accusations of bribery leveled against him and members of his household provide the documentation for a case study in a system in which prestige and authority were defined through a complex network of patronage and personal relationships with the Spanish monarch, the ultimate source of legitimate power. ^ This dissertation is conceptualized using categories presented in Max Weber's theory on the nature of political order and authority in the history of human societies and the definition of the patrimonial system as one in which the power of he king confers legitimacy and authority on the whole political structure. ^ The documentary base for this dissertation is an exceptionally detailed and complete record related to the official administrative review ( visita) ordered by Philip II in 1588 to assess the government of Viceroy Torres y Portugal. Additionally, letters as well as other primary and secondary sources are scattered in repositories on both sides of the Atlantic. ^ The study of this particular case offers an excellent opportunity to gain an understanding of a political order in which jurisdictional boundaries between institutions and authorities were not clearly defined. The legal system operating in the viceroyalty was subordinated to the personal decisions of the king, and order and equilibrium were maintained through the interaction of patronage networks that were reproduced at all levels of the colonial society. ^ The final charges against Viceroy Conde del Villar, as well as their impact on the political career of those involved in the accusations, reveal that situations today understood to constitute bribery had a different meaning in the context of a patrimonial order. ^

¿ Jamaicanos o jamaiquinos? Respectable Blackness and Its Implications for Anti-Racist Activism in 21st-Century Cuba , Lecture by Andrea Queeley

This flyer promotes the event "¿ Jamaicanos o jamaiquinos? Respectable Blackness and Its Implications for Anti-Racist Activism in 21st-Century Cuba Lecture by Andrea Queeley" hosted by the Cuban Research Institute.

Surrey-Hampshire border ware ceramics in seventeenth-century English North America

During the sixteenth and seventeenth centuries, Surrey-Hampshire Border ware ceramics were among of the most popular and widely used ceramics in southern England. This ceramic, produced along the Surrey-Hampshire border, was also shipped to English colonies in North America throughout the seventeenth century. This thesis will explore the types of vessels uncovered on archaeological sites in Newfoundland, New England and the Chesapeake, and examine the similarities and differences in the forms available to various colonists during this time period. By comparing the collections of Border ware found at various sites it is possible to not only determine what vessel forms are present in Northeastern English North America, but to determine the similarities and differences in vessels based on temporal, geographic, social or economic factors. A comparative study of Border ware also provides information on the socio-economic status of the colonists and on trading networks between England and North America during the seventeenth century.

The urban community in fifteenth-century Scotland : language, law and political practice

Peer reviewed

Picking brains : Hannibal lecter and the cannibal myth in twentieth-century western literature

Thèse numérisée par la Direction des bibliothèques de l'Université de Montréal.

Histories and Historiographies of Juvenile Delinquency in Nineteenth-Century England

This thesis explores the history of juvenile delinquency in England during the decades bracketing the nineteenth century’s turn and how modern historians have analyzed this period. The purported birth of juvenile delinquency during this tumultuous period is widely attributed by both historians and Victorians to the explosive growth in England’s urban population. Contemporary statistics of criminal prosecutions confirmed emergent literary tropes that viewed childhoods spent on city streets as inevitably corrupting. Public policy and private charity for more than a century thereafter would recommend removal from the city’s corrupting cultural influences to a highly romanticized vision of rural space as healing innocence. This thesis challenges the juxtaposition of country and city on which such explanations of juvenile delinquency rest. Utilizing the neglected testimony of magistrates, constables, rural residents, and juvenile criminals themselves, it will demonstrate that rural England also suffered from increasing juvenile crime in this period. It will illuminate the complex social, economic, and political dynamics responsible for the oft-cited statistical gap between rural and urban arrest rates, showing that the latter were in neither case transparent measures of criminal activity. Crime was on the rise in English rural counties as transformed by industrial capitalism as were England’s booming cities, suggesting that historians who continue to emphasize the dichotomy between the city and the country have not only recycled a Victorian narrative but also limited their own understandings of the time.

Ink Under the Fingernails: Making Print in Nineteenth-Century Mexico City

This dissertation examines Mexico City’s material politics of print—the central actors engaged in making print, their activities and relationships, and the legal, business, and social dimensions of production—across the nineteenth century. Inside urban printshops, a socially diverse group of men ranging from manual laborers to educated editors collaborated to make the printed items that fueled political debates and partisan struggles in the new republic. By investigating how print was produced, regulated, and consumed, this dissertation argues that printers shaped some of the most pressing conflicts that marked Mexico’s first formative century: over freedom of expression, the role of religion in government, and the emergence of liberalism. Printers shaped debates not only because they issued texts that fueled elite politics but precisely because they operated at the nexus where new liberal guarantees like freedom of the press and intellectual property intersected with politics and patronage, the regulatory efforts of the emerging state, and the harsh realities of a post-colonial economy.

Historians of Mexico have typically approached print as a vehicle for texts written by elites, which they argue contributed to the development of a national public sphere or print culture in spite of low literacy levels. By shifting the focus to print’s production, my work instead reveals that a range of urban residents—from prominent printshop owners to government ministers to street vendors—produced, engaged, and deployed printed items in contests unfolding in the urban environment. As print increasingly functioned as a political weapon in the decades after independence, print production itself became an arena in struggles over the emerging contours of politics and state formation, even as printing technologies remained relatively unchanged over time.

This work examines previously unexplored archival documents, including official correspondence, legal cases, business transactions, and printshop labor records, to shed new light on Mexico City printers’ interactions with the emerging national government, and reveal the degree to which heated ideological debates emerged intertwined with the most basic concerns over the tangible practices of print. By delving into the rich social and cultural world of printing—described by intellectuals and workers alike in memoirs, fiction, caricatures and periodicals— it also considers how printers’ particular status straddling elite and working worlds led them to challenge boundaries drawn by elites that separated manual and intellectual labors. Finally, this study engages the full range of printed documents made in Mexico City printshops not just as texts but also as objects with particular visual and material qualities whose uses and meanings were shaped not only by emergent republicanism but also by powerful colonial legacies that generated ambivalent attitudes towards print’s transformative power.

“Newter”-ing the Nicodemite: Reception of John Calvin’s Quatre sermons (1552) in Sixteenth-Century England

This dissertation examines the publication history of a single work: John Calvin’s 1552 Quatre sermons de M. Jehan Calvin traictans des matières fort utiles pour nostre temps, avec briefve exposition du Pseaume lxxxvii. Overlooked for both its contribution to Calvin’s wider corpus and its surprising popularity in English translation, successive editions of Quatre sermons display how Calvin’s argument against the behavior of so-called “Nicodemites” was adapted to various purposes unrelated to refuting religious dissimulation. The present study contributes to research in Calvin’s anti-Nicodemism by highlighting the fruitfulness of focusing on a discrete work and its reception. Borrowing a term (“Newter”) from John Field’s 1579 translation of Quatre sermons, this study’s title adumbrates its argument. English translators capitalized on the intrinsic malleability of a nameless and faceless opponent, the Nicodemite, and the adaptability of Quatre sermons’ genre as a collection of sermons to reshape—or, if you will, disfigure—both Calvin’s original foes and his case against them to advance various new agenda. Yet they were not the first to use the reformer’s sermons this way. They could have learned this from Calvin himself.

My examination of Quatre sermons opens by setting the work in the context of Calvin’s other writings and his political situation (Introduction, chapters one and two). Calvin’s unrelenting literary assault on French Nicodemism over three decades has long been recognized for its consistency and negativity. Yet scholars have tended to neglect how Calvin’s polemic against religious dissimulation could exhibit significant flexibility according to the needs of his context. Whereas Calvin’s preface promises simply to revisit his previous argument against participation in the Mass, his approach to Nicodemism in Quatre sermons seems adapted to accomplish goals beyond decrying false worship, offering a carefully-crafted apology for Calvin’s pastoral authority directed at his political situation. Repeatedly emphasizing God’s purpose to bless his children through the ministry of a rightly-ordered church, Quatre sermons marks a shift in Calvin’s anti-Nicodemite rhetoric away from purely negative critique, stressing instead God’s provision of spiritual nurture via political exile. Read in light of Calvin’s 1552 context, two audiences emerge: sermons ostensibly targeting believers in France who hid their faith also appear especially designed to silence Calvin’s foes in Geneva.

The remainder of the study examines the reception of Quatre sermons in the rapidly shifting religious and social contexts of Marian and Elizabethan England, where it appeared in more unique editions than any of Calvin’s writings besides the Institutio and the reformer’s 1542/45 Genevan Catechism. Calvin’s anti-Nicodemism has not been examined for its distinct contribution to the overall English reception of his thought. Five English versions of Quatre sermons appeared between 1553 and 1584—four of these under a Protestant queen, a situation quite different from the French context Calvin addressed. After situating Calvin’s position within the currents of Tudor Protestant anti-Nicodemism (chapter three), I place each of the five translations in its particular context, investigating prefaces, appendices, marginalia, and translation methods to discover how and why individuals used Quatre sermons (chapters four to six). Like Calvin in 1552, those who brought Quatre sermons to English readers were not primarily concerned with Nicodemism. Rather, the malleability of Calvin’s Nicodemite as polemical opponent and the flexibility of Quatre sermons as a sequence of discrete, interrelated parts made it popular with those eager to press Calvin into the service of a variety of diverse goals he could not have imagined, including turning his anti-Nicodemism against fellow members of the English church.

The Diary of Mary McKeon, an Irish American Domestic Servant in Nineteenth Century America

What did young, single, unaccompanied Irish women experience when immigrating to the United States in the late nineteenth century? In this final project, I will explore primary and secondary sources that address their experiences, focusing on a diary written in 1883 by a young Irish domestic servant working in New Haven, Connecticut. Mary McKeon, a sixteen-year-old girl from County Leitrim, Ireland, recorded her experiences as a domestic servant for two different families, as well as her own personal thoughts. Mary wrote down her personal experiences, providing a glimpse of what her life was like both inside and outside of her employer’s home. Though much of my research will show that many young women like Mary would be subjected to prejudice and discrimination due to their lack of understanding middle-class American values, which would give rise to the “Bridget” stereotype of a brutish, ill-mannered and incompetent domestic servant, not all Irish women experienced that discrimination and prejudice. Mary is one example of a domestic servant that was treated kindly by her employers and her story documents a more positive and supportive environment for this newly arrived young, single immigrant. Her diary also reveals her to be a young woman who worked to improve her language skills and her situation. And, through her diary, we get a glimpse of her strategies for ensuring an active social life, including access to courtship and marriage. By analyzing Mary’s diary and sharing my results in this final project, I hope to provide a more comprehensive view into the lives of these young women.