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This chapter begins our examination of the origins of the common law. Many accounts – including that of Maitland – begin just before the Norman Conquest and explore how centralised authority had developed in the late Anglo-Saxon period. This is the focus of this chapter, which explores the debate as to the importance of this period by examining the characteristics of the late Anglo-Saxon legal system. This chapter will explore what the Anglo-Saxon inheritance was. The first section will look at the historical debate as to where the history of English law begins and the importance that should be placed on the Anglo-Saxon period. It will contrast the still influential approach of Maitland with more recent scholars, most notably Patrick Wormald. The second section will then outline what is considered to be the major achievement of the long Anglo-Saxon period as a whole: the move from feud to compensation. The third and final section will then explore how what we would call the legal system had developed by the end of the Anglo-Saxon period. It will ask what did William the Conqueror inherit and to what extent this provided some foundation for the English common law.
Individual speech sounds are modified by the phonetic environment in which they are found in connected speech. In this book, the term accommodation is used generically for any and all articulatory modifications that arise from the phonetic environment. The term assimilation is used for accommodation that crosses phonemic boundaries, and coarticulation is used for sub-phonemic accommodations. Accommodation occurs not due to laziness, but through these forces: (1) the fundamental constraints on producing a number of segments in rapid, connected succession, and (2) the efficiency of speech production – not producing gestures, or extending gestures beyond what is required for the production of highly intelligible speech. Accommodations might be informally called shortcuts, and some shortcuts are required by physical constraints and some are not; others are required by the grammatical rules of the language in question, defined by language-specific rules.
Suprasegmentals are phonetic elements that are not restricted to individual segments, but whose influence extends across a number of segments. What is phonetically the same type of suprasegmental may play a role at a very different place in the grammatical structure of a given language. One type is prominence, involving extra loudness and duration of the segments that are affected. In English, prominence is primarily grammatical stress playing a role in word pronunciation, but also emphasis, playing a role in the structure of a phrase or sentence. In English, an unstressed syllable contains a reduced vowel, normally realized as schwa. Another type of suprasegment involves variation in fundamental frequency. If this occurs at the level of the word (especially where words are restricted to a single syllable), the phenomenon is tone. Where F0 variation plays a role in the grammatical structure of the phrase or sentence, the phenomenon is intonation. Articulatory set (setting) is considered as a suprasegmental.
This chapter provides a short overview of the phonemes of General American English, shared in large part with the phonemes of Canadian English. American English phonemes are comprised of the following: 6 plosives, 9 fricatives, 2 affricates, 3 nasal consonants, 4 approximants, and a non-rhotic flap, and 13 vowels. General American English, like all varieties, makes use of stress, emphasis, and intonation.
Speech is anatomy made audible. Anatomy influences the possible human phonetic repertoire. Speech is an overlaid function, in the sense that all the “organs of speech” have more basic functions. Speech anatomy is divided into regions: supraglottal, the larynx, and subglottal organs. Subglottal organs are restricted to those that create a pulmonary breath stream for speech. The larynx produces a tone called voice, which is fundamental to speech production. The supraglottal organs comprise primarily the tongue, lips, and velopharyngeal port (soft palate). These vary the possible resonance frequencies, and thus contribute in a fundamental way to the variety of sounds typically generated in speech. The surface of the tongue is divided into regions for the purpose of phonetic classification. Speech production involves many individual muscles; muscles pull but do not push, except in the sense that, if a muscle contracts over its primary dimension, it will bulge on the sides. To produce speech sounds, the tongue often arches in the middle, and it often assumes a position with the tongue tip raised or curled back.
In the production of speech, airflow or heightened air pressure is required in order to produce the individual sounds of speech. Most usually this is achieved through the use of outgoing (egressive) air flowing from the lungs. Air pressures used in speech are generally not great, but involve a pressure differential from ambient air pressure. For the production of a small number of speech sounds, a negative air pressure is required, and for some speech sounds airflow is ingressive. Normal ambient air pressure at sea level is 101.325 kilopascals (kPa) or 14.7 pounds per square inch (psi). When air is permitted to flow unimpeded, air will flow from an area of higher pressure to an area of lesser pressure in order to equalize pressures. In speech, air may flow, causing the vocal folds to vibrate. Air may be forced to move through a constricted space such that it generates noise. Airflow may be blocked and a heightened pressure built up behind the blockage, which is then released with an explosive effect.
This chapter explores the effect of the Norman Conquest as well as looking at the developments during the Norman period as a whole during the reigns of William I (1066–87), William II (1087–1100), Henry I (1100–35) and Stephen (1135–54). It falls into three sections. The first provides an overview of the main effects of 1066 in terms of law and order. The second and main section then discusses in detail what is often considered to be the most significant development under the Normans, the feudal system, and how this impacted upon law and order. Feudalism actually undermined the development of a common law by feudal lords presiding over their own feudal courts for their tenants. The king’s law and protection was only afforded to his own personal tenants. The third section then focuses upon two aspects that are often overlooked in accounts of the effect of the Conquest: the effect of the Norman era upon the position of slaves and women. The importance of the later Norman kings will be the focus of the conclusion.
Voice is the production of a vibrating tone through the vibration of the vocal folds under pulmonary airflow. The glottis is the space between the vocal folds. Phonation is produced through the myoelastic aerodynamic theory, which takes into account the actions of muscles, tissue elasticity, and aerodynamic (airflow) principles. Fundamental frequency is the frequency of vibration of a talker’s vocal folds (as distinguished from other frequencies in speech). An individual’s “normal” fundamental frequency is called their modal frequency. Voice onset time (VOT) is the time (duration) between the release of a plosive and the start (onset) of voicing in the following segment. The vocal folds are complex anatomical structures involving superficial and deep layers; this structure influences the nature of vocal fold vibration and the mucosal wave. In order to explain and illustrate the complex vibration, the two-mass model and the cover--body model are used. Whisper and nasality are phenomena that are counted under the heading "voice" by some authors.
A key aspect of academic phonetics is transcription. Transcription involves writing speech in a special alphabet called the International Phonetic Alphabet (IPA) that permits writing the sounds of speech with great precision. The modern IPA is the result of historical development, and it incorporates a number of principles that contribute to ease of use: based on the latin (roman) alphabet; extending letters by modification of latin letters; use of other known letters; use of diacritics (accents); and others. Transcription may lean toward being broad or phonological, ortoward being narrow or strictly phonetic. The IPA makes typographic distinctions that we do not make in nonphonetic writing. Glyphs are specific letter shapes, and the IPA may distinguish glyphs that are not distinguished in ordinary writing.
The title of this chapter on ‘The English Justinian (c. 1272–1307)’ refers to the nickname given to Edward I who was likened to the Roman Emperor Justinian I who codified Roman law on the basis that Edward’s reign saw a significant increase in the number and importance of statutes. It falls into three sections. The first will discuss the main statutes of Edward I, focusing on the Statute of Westminster 1275, the Statute of Wales 1284 and the Statute of Westminster II 1285. The second part will examine statutes that had a particular effect upon feudalism: the Statute of Mortmain 1279 and Quia Emptores 1290 (also known as the Statute of Westminster III). The third and final section will explore a development in the common law that began before this time but blossomed in this period: the origins of what is now known as the law of obligations or the law of contract and tort (examining the writs of covenant and trespass). This underlines that, although the English Justinian is known for the growth of statute law, the era also saw the continued development of the common law.
Public international law is a global legal system which regulates the conduct of countries and other actors. Public International Law offers Australian students a comprehensive and accessible introduction to international law. Covering the fundamental topics of international law – including treaties, use of force and dispute settlement – this text also discusses specialised branches such as humanitarian law, criminal law and environmental law. The key principles and theories of international law are clearly explained and analysed, and their application is illustrated by succinct, carefully chosen extracts from cases and materials. These sources strike a balance between key international cases and important cases from domestic legal systems. Discussion questions at the end of each chapter encourage students to apply and test their understanding of each topic, while a glossary of key terms clearly explains complex concepts. Written by an expert author team, Public International Law is a fundamental resource for Australian students of international law.
The way that professionals perceive of, and engage with individuals and families is critical. It establishes the context for trusting relationships to develop and opportunities for positive change to occur. In this chapter, we consider the ingredients of helpful and responsive practice with individuals and families experiencing vulnerabilities. In so doing, we privilege knowledge gained from the perspective of lived experience experts. Essentially, our work together is concerned with redressing the imbalance in our current systems of education and academia that privilege the voices of professionals and academics. Our approach includes sharing stories about our multiple and complex experiences as clients and/or practitioners to illuminate key foundational concepts. It is our belief that building the necessary knowledge base, skill set, and ethical stance required to become a helpful professional, pivots on understanding the lived experiences of people who access services at vulnerable times in their lives. This chapter continues our collective aspiration to continue producing knowledge for practice that privileges voices that are often marginalised.
Kinship care is the fastest growing type of out-of-home care and is the preferred placement option for children who are unable to live with their parents. Kinship carers, particularly grandparents, may experience more vulnerability than foster carers and be exposed to specific stressors related to being kinship carers. This chapter will explore the challenges, needs and resources for kinship carers and the children in their care. Kinship care is among the fastest growing forms of formal and informal out-of-home care in Australia and is the preferred option for formal out-of-home care in Australia. Kinship care is defined as ‘family-based care within the child’s extended family or with close friends of the family known to the child, whether formal or informal in nature’ (United Nations General Assembly, 2010). There is common agreement that formal kinship care occurs in the instance where children have been placed with kin following some form of statutory (e.g., child protection services) intervention or court-ordered placement.
People who experience their sexual orientation as different from heterosexual (or straight) and/or their gender identity as different from cisgender (i.e. matching their biological assigned sex), and their families, continue to face significant challenges in many societies. Rainbow people and families are likely to need various forms of assistance from social and health services, for issues including those discussed in this chapter. Different terms have been used to identify this population. Over several years the abbreviation LGB (lesbian, gay and bisexual) has been successively expanded to LGBTQIA+ (lesbian, gay, bisexual, transgender, queer/questioning, intersex, asexual, plus), as more diverse groups have demanded recognition. Nevertheless, even recent literature utilises various combinations of these initials. Moreover, it seems that rainbow people are increasingly using non-traditional and diverse ways of describing their gender and sexual identities. The rainbow has been recognised as a symbol of LGBTQIA+ pride for decades, and can represent support and safety for sexual and gender diverse young people.
Irrespective of where you end up working in the field of human services, most of the people you work with will be living in relative poverty and experiencing a combination of problems that create a vicious cycle of disadvantage for children and families. In this chapter, we draw upon social work as a case study of a profession working to prevent and address poverty, while actively engaging with, and supporting, affected individuals, families, and communities. An understanding of the complexity and inter-relatedness of issues associated with living in poverty is vital to ensure, at a minimum, that practitioners do no (further) harm and do not perpetuate or replicate dominant or oppressive notions of the deserving and undeserving poor, or individual versus structural explanations of poverty. Social workers and human service professionals therefore need to develop their capacities in relation to poverty-aware practice and the multiple actions that are required to address this complex issue.