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91	A hidden life : how EAS (Era Appropriate Science) and professional investigators are marginalised in detective and historical detective fiction Dormer, Mia Emilie January 2017 (has links) This by-practice project is the first to provide an extensive investigation of the marginalisation of era appropriate science (EAS) and professional investigators by detective and historical detective fiction authors. The purpose of the thesis is to analyse specific detective fiction authors from the earliest formats of the nineteenth century through to the 1990s and contemporary, selected historical detective fiction authors. Its aim is to examine the creation, development and perpetuation of the marginalisation tradition. This generic trend can be read as the authors privileging their detective’s innate skillset, metonymic connectivity and deductive abilities, while underplaying and belittling EAS and professional investigators. Chapter One establishes the project’s critique of the generic trend by considering parental authors, E. T. A Hoffmann, Edgar Allan Poe, Émile Gaboriau and Wilkie Collins. Reading how these authors instigated and purposed the downplaying demonstrates its founding within detective fiction at the earliest point. By comparing how the authors sidelined and omitted specific EAS and professional investigators, alongside science available at the time, this thesis provides a framework for examining how it continued in detective fiction. In following chapters, the framework established in Chapter One and the theoretical views of Charles Rzepka, Lee Horsley, Stephen Knight and Martin Priestman, are used to discuss how minimising EAS and professional investigators developed into a tradition; and became a generic trend in the recognised detective fiction formula that was used by Sir Arthur Conan Doyle, Freeman Wills Crofts, H. C. Bailey, R. Austin Freeman, Agatha Christie, Ruth Rendell and P. D. James. I then examine how the device transferred to historical detective fiction, using the framework to consider Ellis Peters, Umberto Eco and other selected contemporary authors of historical detective fiction. Throughout, the critical aspect considers how the trivialisation developed and perpetuated through a generic trend. The research concludes that there is a trend embedded within detective and historical detective fiction. One that was created, developed and perpetuated by authors to augment their fictional detective’s innate skillset and to help produce narratives using it is a creative process. It further concludes that the trend can be reimagined to plausibly use EAS and professional investigators in detective and historical detective fiction. The aim of the creative aspect of the project is to employ the research and demonstrate how the tradition can be successfully reinterpreted. To do so, the historical detective fiction novel A Hidden Life uses traditional features of the detective fiction formula to support and strengthen plausible EAS and professional investigators within the narrative. The end result is a historical detective fiction novel. One that proves the thesis conclusion and is fundamentally crafted by the critical research.
92	Twentieth-century poetry and science : science in the poetry of Hugh MacDiarmid, Judith Wright, Edwin Morgan, and Miroslav Holub Gibson, Donald January 2015 (has links) The aim of this thesis is to arrive at a characterisation of twentieth century poetry and science by means of a detailed study of the work of four poets who engaged extensively with science and whose writing lives spanned the greater part of the period. The study of science in the work of the four chosen poets, Hugh MacDiarmid (1892 – 1978), Judith Wright (1915 – 2000), Edwin Morgan (1920 – 2010), and Miroslav Holub (1923 – 1998), is preceded by a literature survey and an initial theoretical chapter. This initial part of the thesis outlines the interdisciplinary history of the academic subject of poetry and science, addressing, amongst other things, the challenges presented by the episodes known as the ‘two cultures' and the ‘science wars'. Seeking to offer a perspective on poetry and science more aligned to scientific materialism than is typical in the interdiscipline, a systemic challenge to Thomas Kuhn's The Structure of Scientific Revolutions (1962) is put forward in the first chapter. Additionally, the founding work of poetry and science, I. A. Richards's Science and Poetry (1926), is assessed both in the context in which it was written, and from a contemporary viewpoint; and, as one way to understand science in poetry, a theory of the creative misreading of science is developed, loosely based on Harold Bloom's The Anxiety of Influence (1973). The detailed study of science in poetry commences in Chapter II with Hugh MacDiarmid's late work in English, dating from his period on the Shetland Island of Whalsay (1933 – 1941). The thesis in this chapter is that this work can be seen as a radical integration of poetry and science; this concept is considered in a variety of ways including through a computational model, originally suggested by Robert Crawford. The Australian poet Judith Wright, the subject of Chapter III, is less well known to poetry and science, but a detailed engagement with physics can be identified, including her use of four-dimensional imagery, which has considerable support from background evidence. Biology in her poetry is also studied in the light of recent work by John Holmes. In Chapter IV, science in the poetry of Edwin Morgan is discussed in terms of its origin and development, from the perspective of the mythologised science in his science fiction poetry, and from the ‘hard' technological perspective of his computer poems. Morgan's work is cast in relief by readings which are against the grain of some but not all of his published comments. The thesis rounds on its theme of materialism with the fifth and final chapter which studies the work of Miroslav Holub, a poet and practising scientist in communist-era Prague. Holub's work, it is argued, represents a rare and important literary expression of scientific materialism. The focus on materialism in the thesis is not mechanistic, nor exclusive of the domain of the imagination; instead it frames the contrast between the original science and the transformed poetic version. The thesis is drawn together in a short conclusion. 821.009
93	A Pragmatic Standard of Legal Validity Tyler, John 2012 May 1900 (has links) American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law. These incompatible standards have created a schism in American jurisprudence that impairs the delivery of justice. This dissertation therefore formulates a new standard for legal validity. This new standard rejects the uncertainties and inconsistencies inherent in natural law theory. It also rejects the narrow linguistic methodology of legal positivism. In their stead, this dissertation adopts a pragmatic methodology that develops a standard for legal validity based on actual legal experience. This approach focuses on the operations of law and its effects upon ongoing human activities, and it evaluates legal principles by applying the experimental method to the social consequences they produce. Because legal history provides a long record of past experimentation with legal principles, legal history is an essential feature of this method. This new validity standard contains three principles. The principle of reason requires legal systems to respect every subject as a rational creature with a free will. The principle of reason also requires procedural due process to protect against the punishment of the innocent and the tyranny of the majority. Legal systems that respect their subjects' status as rational creatures with free wills permit their subjects to orient their own behavior. The principle of reason therefore requires substantive due process to ensure that laws provide dependable guideposts to individuals in orienting their behavior. The principle of consent recognizes that the legitimacy of law derives from the consent of those subject to its power. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives all evidence consent. The principle of autonomy establishes the authority of law. Laws must wield supremacy over political rulers, and political rulers must be subject to the same laws as other citizens. Political rulers may not arbitrarily alter the law to accord to their will. Legal history demonstrates that, in the absence of a validity standard based on these principles, legal systems will not treat their subjects as ends in themselves. They will inevitably treat their subjects as mere means to other ends. Once laws do this, men have no rest from evil. natural law theory legal positivism HLA Hart William Blackstone John Locke Jeremy Bentham John Austin Galileo Socrates Trotsky Athens Soviet law Stuart dynasty John Dewey Dewey Commission Sidney Hook Congregation of the Holy Office Galileo Affair trial of Socrates Moscow Trials trial of Galileo heresy trial of Trotsky reason autonomy consent philosophy of law pragmatism Kant Inquisition ostracism Anaxagoras Protagoras Alcibiades Arginusae Pericles Peloponnesian War Solon Ephialtes Apology Plato Herodotus Xenophon Plutarch Roscoe Pound common law Oliver Wendell Holmes, Jr. The Common Law The Path of the Law Learned Hand Christopher Columbus Langdell Ronald Dworkin Lon Fuller Lenin Stalin King Rex Sergei Kirov Permanent Revolution Socialism in One Country Great Terror Dekulakization Holomodor Terror Famine Italian positivist school Harold J. Berman Gustav Radbruch Ramon Mercader Trotsky assassination Marteman Ryutin Old Bolsheviks Genrikh Yagoda Pope Urban VIII Walter Duranty Harold Denny New York Times Joseph E. Davies Mission to Moscow New Republic John F. Finerty Lev Sedov Military Collegium Vasili Ulrikh Gaspare Borgia Cardinal Robert Bellarmine Pericles Father Commissary Michelangelo Segizzi Cardinal Francesco Barberini Cardinal Maffeo Barberini Siderius Nuncius Starry Messenger Accademia dei Lincei Letters on Sunspots Friar Tommaso Caccini Niccolo Lorini Commentaries on the Laws of England Second Treatise on Civil Government Henry de Bracton Sir Edward Coke Sir John Fortescue Matthew Hale Ranulf de Glanvil James I Charles I James II Charles II ship money forest fines distraint of knighthood impositions dispensing power royal prerogative Duke of Buckingham Oliver Cromwell Bishops Wars William Prynne Great Migration Declaration of Indulgence Settlement Act Test Act Protectorate Clarendon Code Quaker Act William and Mary English Civil War Puritan Revolution Glorious Revolution Thirty Years' War Earl of Shaftesbuty William Laud Historiomatrix Long Parliament Rump Parliament Barebones Parliament sociological jurisprudence Red Terror war communism New Economic Policy 1926 Criminal Code Kirov Amendments judicial discretion semantic sting The Concept of Law Fragments on Government The Province of Jurisprudence Determined A Fragment on Government Anarchical Fallacies primary rules secondary rules rule of recognition legal validity internal point of view external point of view law as prediction the bad man perspective on law life of the law page of history Basilikon Doron Trew Law of Free Monarchies

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