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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
61

The emergence of a medical exception from patentability in the 20th century

Piper, Stamatia A. J. January 2008 (has links)
Many patent law dilemmas arise from a failure to understand technologies as embedded in broader social, economic and political realities and to contextually analyze these legal phenomena. This narrowness leads to poor legal development, of which the modern medical exception from patentability is one example. Judges have difficulty interpreting it, patentees do not understand its purpose and it does not protect the important medical technologies to which the public would like access. This thesis applies a legal pluralist analysis to examine the emergence of the medical methods exception in order to understand why it was created and legislated. It starts by examining the origins of the exception in the caselaw, and the informal, concurrent norm established by the emerging medical profession in the early 20th century. It then proceeds to examine why the medical profession might have sought and enforced a norm prohibiting its members from patenting, and concludes that this arose from the need of the medical profession to distance itself from the patent law. As a result, professionalizing physicians established an internal normative order that mimicked and in many cases replaced the effect of the formal law. The thesis then proceeds to examine how the form of the informal norm evolved in the period between WWI and WWII, finding that the profession’s norm transformed and broke down concurrently with its efforts to achieve external legitimacy through legislation. That breakdown arose from factors which included growing labour mobility, greater understanding of the benefits of patents, and a growing role of science and industry in medicine that threatened the profession’s access to valuable medical innovation. The thesis concludes with a study of a current case (Myriad Genetics) that applies the thesis’ theoretical framework to a present dispute over the role the law should play in regulating genetic diagnostic tests.
62

Cameron's conservatisms and the problem of ideology

Lakin, Matthew January 2014 (has links)
The central aim of the thesis is to investigate the myriad ideological 'thought-practices' of Cameronism by placing the composition and content of Cameronism in the context of the problem of Thatcherism's legacy. This problem is namely a problem of the gap between intentions and outcomes. The thesis identifies three discreet, but also overlapping, ideological developments that take root in the late 1980s/early 1990s: (1) the steadfast commitment to reducing the size and scope of the central state; (2) the recognition that neo-liberal economics is a necessary but insufficient precondition for the delivery of wider Conservative outcomes; and (3) the rediscovery and commitment to the renewal of civil society as an alternative to state intervention in response to the perceived failures of neo-liberalism. The thesis examines the application of these ideological developments in Cameronism, both in theory and practice. Furthermore, it examines the political-thought practices of Cameronism in the context of the Coalition Government. Finally, the thesis analyses a serious Conservative ideological threat to Cameronite Conservatism, concluding that Cameronism is a distinct, decodable and distinctive Conservatism, which has been quickly eclipsed by other Conservatisms, namely the Conservatism of the New New Right, which is much closer to the Thatcherism that Cameronism was resolutely trying to adjust. British Conservatism has thus come full circle: the market society vision of Thatcherism, which Cameronism was trying to ideologically supplement, has been restored as the best and surest way to achieve the Conservative aim of a limited conception of politics.
63

On all fronts : Cyprus and the EOKA insurgency, 1955-1959

Novo, Andrew R. January 2010 (has links)
'On All Fronts' is a thesis focused on the EOKA insurgency in Cyprus (1955-1959), which aimed at overturning British rule and unifying the island with Greece. EOKA’s campaign was one of several insurgencies carried out against Britain in the two decades following the Second World War. This allowed British policymakers and soldiers to apply lessons learned in other colonies on the island. These lessons included pursuing a political solution in tandem with military operations, unifying command and control, improving intelligence capabilities, and increasing the number of police and soldiers on the ground. Cyprus also presented distinctive challenges. The insurgency was not inspired by communism, like many other anti-colonial struggles, but by right-wing nationalism. The campaign was also intimately linked to the strategic reorganisation undertaken by Britain after 1945. Retreat from India and Palestine increased the importance of the Middle East and Africa, making a presence in Cyprus central to Britain’s post-war plans. Finally, Cypriot demographics meant that the island’s Turkish minority (some eighteen percent) – supported by Ankara – opposed union with Greece. An ethnic-based civil war on the island was possible, as was a regional war between Greece and Turkey. British policy sought to avoid both of these potential conflicts while maintaining the strength of NATO and positive relations with both Athens and Ankara. Utilizing newly declassified papers from the British government, in conjunction with evidence from Greek-Cypriot sources, this study offers insights into the campaign from the perspective of both insurgent and counter-insurgent forces. Parallel to the military analysis, the thesis addresses the political aspect of the insurgency, demonstrating the deep connection in insurgency war between military operations and diplomatic negotiation. While counter-insurgency operations failed to destroy EOKA, the success of government forces created pressure for a diplomatic solution and highlighted the reality that there were insurmountable military and strategic obstacles to union with Greece.
64

La Relève : Catholic intellectuals in Quebec, 1930-1950

Dunlop, Joseph January 2013 (has links)
This study traces the intellectual and political itinerary of the review La Relève, an influential cultural journal in 1930s and ‘40s Quebec, in order to explore broader trends within francophone Catholicism in the middle decades of the twentieth century. La Relève enjoyed a unique role as a propagator of French Catholic thought in Quebec due to its close ties with the prominent French Catholic philosopher Jacques Maritain. In the early ‘30s, members of the Relève group espoused a militant Catholicism with conservative-minded nationalist sympathies. The group’s encounter with Maritain in October 1934, however, moved La Relève towards a more communitarian Catholicism which was open to social and religious pluralism. During the later ‘30s, the Relèvistes would display a new interest in democratic forms of politics, reflecting the larger ‘democratic turn’ evident amongst many francophone Catholic intellectuals. In examining this shift, this study argues that the progressive Catholicism embraced by La Relève remained strongly rooted in longstanding Catholic social teachings and mentalities, thereby shedding light upon the political trajectory of the larger French Catholic Revival during this period. The emergence of a ‘Left’ Catholicism in France and Quebec was the result of a gradual and often contradictory process in which new attempts to engage with pluralism, democracy and human rights were heavily influenced by the traditionally anti-liberal and anti-individualistic perspectives of Catholic social and political thought. This study also examines the social and cultural environment of Catholic intellectual engagement in Quebec during this period, focusing upon the role played by friendship in defining the experiences of the Relève circle during the 1930s and ‘40s. Initially the product of a close-knit and often cliquish group of former schoolmates, La Relève provided a forum for masculine solidarity and shared intellectual and religious pursuits. The Relèvistes' conception of friendship expanded over the course of the decade, reflecting their exposure to the ideas of the French Catholic intelligentsia, for whom the idea of friendship signalled a wider community bound together by common religious, social and political goals. During the war years, the Relève group came to play a new role within the larger francophone Catholic intellectual community, founding a publishing company which printed numerous anti-fascist Catholic authors. In the postwar period, however, contact with the European intellectual milieu diminished, as the review closed in 1948 and the Relèvistes embraced new trends in Catholic thought which ultimately distanced them from Maritain. However, intellectual engagement with French Catholic thought would continue on in Quebec through the review Cité libre, which would play an important role in shaping politics and society in Quebec and Canada during the later twentieth century.
65

Pierre de L'Estoile and his world in the Wars of Religion, 1546-1611

Hamilton, Tom January 2014 (has links)
Pierre de L'Estoile (1546-1611) kept an extraordinary diary and collection in Paris during the Wars of Religion, recording everything from high-political scandals to low-life criminality during this crucial turning point in early modern history. The first extensive study of L'Estoile in any language, this thesis demonstrates how he negotiated and commemorated the conflicts that divided France as he engaged creatively with the rumours, ephemeral prints, poems, pictures, and books that he assembled in his diary and cabinet. It argues that the story of his life and times is the history of the civil wars in the making. While historians and literary scholars depend on L’Estoile’s diaries as an essential source of information, citing him as a mere passive observer, this thesis instead explores his subjectivity and interprets a wide range of hitherto unseen or neglected manuscript evidence that situates him in the Parisian society of royal office-holders and demonstrates his significance in the republic of letters. It follows a microhistorical approach to L'Estoile and his world in order to challenge established interpretations of his sources as evidence of a widespread mentality of eschatological anxiety in sixteenth-century France, instead focusing on L’Estoile’s personal responses to pieces in his collection. In this way, it critiques a common trend in cultural history to roam freely among ‘collective representations’ and argues for the importance of a precise analysis of social context, materiality, and individual subjectivity in reception studies.
66

Millenarian religion and radical politics in Britain 1815-1835 : a study of Southcottians after Southcott

Lockley, Philip J. January 2009 (has links)
The popular millenarian movement founded by Joanna Southcott (1750-1814) enjoyed a complex relationship with political radicalism in early nineteenth-century Britain. Southcott opposed radicalism during her lifetime, encouraging her followers to await a messianic agent of the millennium. Within two decades of the prophet’s death – as Southcott expected to give birth to this messiah – some surviving Southcottians became political radicals, most notably, John ‘Zion’ Ward (1781-1837) and James Elishama Smith (1801-57). Ward was a popular preacher during the agitations around the Reform Bill, Smith a radical lecturer, editor of Robert Owen’s journal Crisis, and ideologue within general trades unionism in 1833-34. The respective influence of each figure drew several hundred Southcottians into engagement with politics. This thesis presents a new interpretation of why such millenarians engaged with radicalism. Utilising a substantial range of Southcottian and radical sources, many previously unstudied, it challenges the existing explanations of Southcottian radicalism of E.P. Thompson, J.F.C. Harrison, Barbara Taylor and others. Through a close study of the religious experience, ideas and practices of Southcottians in 1815-35, it locates an altered disposition towards social activity through the evolving millennial theologies of Southcottian groups and the personal acquaintanceship of individual believers with radical freethinkers. Under the prophetic leadership of Zion Ward and John Wroe (1782-1863), earlier Southcottian notions of the respective roles of divine and human agency in the realising of the millennium were changed by 1830. This led Southcottians to a new sense of agency, where their own actions took on a millennial significance when directed towards the achievement of God’s perceived intentions for the world. For some, this presented engagement with political radicalism, even freethought radicalism, in a new light: as action apposite to their beliefs. This argument features an alternative theoretical framework for millenarian beliefs which takes account of the way conceptions of human agency can vary within religious movements centred on modern prophecy. In exposing the inadequacy of existing pre- and postmillennial categories to explain such beliefs, it demonstrates how visionary religion can inspire expectations of both disruptive and evolutionary change, and require both divine and human agency, in the realisation of the millennium. This is a study in religious history, orientated towards politics. It demonstrates that a sensitivity to how visionary religious ideas influenced individuals involved in political movements, aids an improved understanding of political motivations and ideals.
67

"Dig for bloody victory" : the British soldier's experience of trench warfare, 1939-45

Brown, G. D. January 2012 (has links)
Most people’s perceptions of the Second World War leave little room for static, attritional fighting; instead, free-flowing manoeuvre warfare, such as Blitzkrieg, is seen as the norm. In reality, however, much of the terrain fought over in 1939-45 was unsuitable for such a war and, as a result, bloody attritional battles and trench fighting were common. Thus ordinary infantrymen spent the majority of their time at the front burrowing underground for protection. Although these trenches were never as fixed or elaborate as those on the Western Front a generation earlier, the men who served in Italy, Normandy, Holland and Germany, nonetheless shared an experience remarkably similar to that of their predecessors in Flanders, Picardy, Champagne and Artois. This is an area which has been largely neglected by scholars. While the first war produced a mountain of books on the experience of trench warfare, the same cannot be said of the second war. This thesis will attempt to fill that gap by providing a comprehensive analysis of static warfare in the Second World War from the point of view of British infantry morale. It draws widely on contemporary letters and diaries, psychiatric and medical reports and official documentation – not to mention personal narratives and accounts published after the war – and will attempt to interpret these sources in light of modern research and organise them into a logical framework. Ultimately it is hoped that this will provide fresh insight into a relatively under-researched area of twentieth century history.
68

Musical thought and the early German Reformation

Gilday, Patrick E. January 2011 (has links)
German musicology has customarily situated a paradigm shift in musical aesthetics some time during the first half of the sixteenth century. This dissertation examines the suggestion that German Reformation theology inspired a modern musical aesthetic. In Part One, the existing narrative of relationship between theological and musical thought is tested and rejected. Chapter 1 analyses twentieth-century music historians' positive expectation of commensurability between Luther's theological ideas and the sixteenth-century concepts of the musical work and musical rhetoric, concluding that their positive expectation was dependent on a Germanocentric modernity narrative. Chapter 2 assesses Listenius' Musica (1537), the textbook in which the concepts of the musical work and musica poetica were expounded for the first time. I argue that, since Listenius' textbook was intended as a pedagogical tool, it is inappropriate to read his exposition of musica poetica and opus as if logical sentences on musical aesthetics. Part Two investigates the treatment of musica in the theology of early German Reformation disputants. Chapter 3 finds that Luther's early musical thought was borrowed from the late mediæval mystics, and resisted the influence of the Renaissance Platonists. Chapter 4 shows that, far from embracing humanist ideas of musical rhetoric, Luther's Reformed musical aesthetic became increasingly anti-rational and sceptical of music's relation to verbal meaning. Chapter 5 examines the discussions of music by the German Romanist polemicists. It finds that their music-aesthetic assertions were opportunistic attempts to situate the Lutherans outside the bounds of orthodoxy. The dissertation concludes that the discussions of music in early German Reformation texts ran counter to the general sixteenth-century trajectory towards a humanistic or modern aesthetic of music. It further argues that the aesthetic proposals of sixteenth-century German theologians should be taken seriously in the formation of our present-day picture of sixteenth-century musical thought.
69

Milton and material culture

Rosario, Deborah Hope January 2011 (has links)
In contradistinction to critical trends which have rendered Milton’s thought disembodied, this thesis studies how seventeenth-century material culture informed Milton’s poetry and prose at the epistemic level and by suggesting a palette of forms for literary play. The first chapter explores the early modern culture of fruit. At the epistemic level, practices of fruit cultivation and consumption inform Milton’s imagination and his vocabulary, thereby connecting their historic-material lives with their symbolic ones. Milton further turns commonplace gestures of fruit consumption into narrative devices that frame discussions of agency, aspiration, sinful and right practice. The second chapter examines two floral catalogues to discover how they find shape through the epistemologies of flowers, ceremony, and decorative arts. Here material culture shapes literary convention, as one catalogue is found to secret ceremonial consolation in its natural ingenuousness, while the other’s delight in human physicality upsets the distinctions between inner virtue and outer ornament, faith and rite. In the third chapter, urban epistemologies of light, darkness, movement, and space are examined through urban phenomena: skyline, suburbs, highways, theft, and waterways. By interpellating contemporary debates, these categories anatomise fallen character, intent, action, and their consequences. Milton’s instinctive distaste for urban nuisances is interesting in this Republican figure and is subversive of some ideologies of the text. Discursive and material aspects meet again in the fourth chapter in a discussion of his graphic presentations of geography on the page. Usually prone to analyses of textual knowledge, they are also informed by the embodiment of knowledge as material object. Milton’s search for a fitting cartographic aesthetic for the Biblical narrative and for the rhetoric of his characters leads him to an increasing consciousness of the ideologies energising these material forms. The fifth chapter explores Milton’s engagement with forms of armour and weapons. Military preferences for speed and mobility over armour help Milton explore the difference between unfallen and fallen being. Milton also uses his inescapably proleptic knowledge of arms and armour as a field of imaginative play for representations that are both anachronistic and typological. These lead to a discussion of imitation in the mythic imagination. In each of these studies, we witness Milton’s consciousness of his temporal and proleptic location, and his attempts to marry the temporal and the pan- or atemporal. In the conclusion I suggest that Milton’s simultaneous courting of the atemporal while he is drawn to or draws on temporal material culture imply an incarnational aesthetic.
70

Triune Elohim : the Heidelberg antitrinitarians and Reformed readings of Hebrew in the confessional age

Merkle, Benjamin R. January 2012 (has links)
In 1563, the publication of the Heidelberg Catechism marked the conversion of the Rhineland Palatinate to a stronghold for Reformed religion. Immediately thereafter, however, the Palatinate church experienced a deeply unsettling surge in the popularity of antitrinitarianism. To their Lutheran and Catholic opponents, this development revealed a toxic connection between Reformed theology and the tenets of antitrinitarianism. As early as 1565, for instance, the Catholic Cardinal Stanislaus Hosius argued anonymously that the Reformed principle of sola scriptura was indistinguishable from the biblicism which had led heretics to reject the doctrine of the Trinity on the grounds that it was nowhere explicitly justified in the biblical text. Seven years later, the displaced Italian theologian and Heidelberg professor, Girolamo Zanchi, countered this argument in his De Tribus Elohim (1572). This huge landmark of this early theological crisis in Heidelberg sought to oppose the biblicism of the early antitrinitarians by arguing that the doctrine of the Trinity was explicitly taught within the Hebrew divine names Jehovah and Elohim. The following year De Tribus Elohim received an Imperial Privilege from the Catholic court in Vienna, a distinction virtually unheard of for a Reformed theological text. Zanchi’s argument was then widely promulgated in the marginal notations of the tremendously influential Biblia Sacra of Franciscus Junius and Immanuel Tremellius, and became a staple of refutations of antitrinitarianism thereafter. Yet Zanchi’s confidence that trinitarian theology was contained within the Hebrew of the Old Testament was not shared by many of his own Reformed colleagues. John Calvin’s exegetical works had explicitly rejected this argument; and theologians like David Pareus (Zanchi’s younger colleague in Heidelberg) and the Dutch Hebraist Johannes Drusius preferred a more historical-grammatical reading of the Old Testament and dismissed Zanchi’s reading of the name Elohim despite the danger that this might sacrifice a valuable defence against antitrinitarianism. Complicating the picture further, the Lutheran polemicist Aegidius Hunnius directed Zanchi’s arguments against Calvin in his Calvinus Iudaizans (1593). This variety of responses to Zanchi’s argument demonstrates the diversity of assumptions about the nature of the biblical text within the Reformed church, contradicting the notion that the Reformed world in the age of “confessionalization” was becoming increasingly homogenous or that the works of John Calvin had become the authoritative touchstone of Reformed orthodoxy in this period.

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