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Finally, Chapter 6 reveals and analyzes the extensive rewards that ladies-in-waiting earned for fulfilling their normal duties as well as for loyally serving their mistresses during periods of national importance and political tension. Elite female servants benefitted from their positions at court, both in terms of material rewards and their ability to ease themselves into political situations. All female attendants earned some form of in-kind benefit, with room and board included for their service and formal clothing allowances distributed. Some servants garnered significant financial remuneration, through land grants assigned in perpetuity, expensive jeweled gifts, or extravagant annuity stipends. Others earned more modest wages, annuities, or gifts of secondhand clothing. When ladies and damsels scored patronage that offered nonmonetary privileges, they ranged from minor legal exemptions to significant pardoning of major crimes. Gift-giving redistributed wealth from monarch or aristocratic employer through lesser-status ranks in the household, but at the same time the theatricality of gift-giving and the allocation of sumptuous clothing linked to the royal or noble household enhanced the prestige of the bestower as they demonstrated their numerous, loyal servants and the affluence that allowed them to grant such gifts.
This chapter has a sociocultural approach to the quest for nutmeg and cloves. It analyses human, cross-cultural encounters in South East Asia, the native countries of numerous spices introduced in Mauritius over the course of the eighteenth century. As this chapter reveals, the French colonial spice project involved actors from different backgrounds for patronage, protection, and assistance. They used a mix of languages, promises, and informal relations mainly in South East Asian islands (the Maluku islands and the Philippines). The purpose of this chapter is to understand the movements of knowledge and people within cross-cultural interactions in the Indo-Pacific through the lens of plant exchange. These cross-cultural connections were essential for this project: Asian merchants and brokers were indispensable for acquiring spice plants and grains from Dutch colonial territory in today’s Indonesia. Insisting on the cross-cultural nature of the acquisition of spice plants, this chapter challenges existing narratives of the cultural components of the French empire.
Tax law contains a myriad of specific deduction provisions for particular kinds of expenditure that might not otherwise be deductible under the general deduction provision in s 8-1 ITAA97 discussed in Chapter 12. This chapter focuses on some common specific deduction provisions. A range of other specific deduction provisions are examined elsewhere in this book (eg Chapter 15 deals with specific deductions under the capital allowance regime and Chapter 19 deals with specific deductions for superannuation contributions). Like the general deduction provision, the specific deduction provisions operate subject to any provisions that deny or limit deductions. These provisions are discussed in Chapter 14.
Cuthbert of Wearmouth-Jarrow wrote the wonderful letter giving a moving eye-witness account of the calm death of Bede in 735. He later became abbot of Wearmouth-Jarrow for many years, during which time he corresponded with Anglo-Saxon missionaries working in Germany. Here are included the complete work on the death of Bede and a letter from Cuthbert to Lul, written some thirty years later, in which he notes that he is sending Lul Bede’s prose and verse works on Cuthbert of Lindisfarne, and he asks for a skilled glassmaker as well as a cithara player to come to Northumbria to teach him to play.
Chapter 3 focuses on the second major source of revenue for the Qajars: gifts and tributes. The chapter begins by highlighting the long history of political gift-giving in the Iranian world. It then demonstrates the central role of the pīshkish, a tributary gift-giving ceremony, in the political culture and economy of Qajar Iran, and its function in presenting Qajar rule as a continuation of previous Iranian royal dynasties. The chapter then discusses how gifts and honors given by Qajar rulers to society were part of an effort of presenting themselves as just and legitimate. Finally, the chapter considers the use of gifts to influence diplomacy and ease relations between Iranians and foreign envoys.
The letters of Boniface’s circle, as published by M. Tangl, includes both letters to and from Boniface himself during his time as a missionary in Germany, and letters to and from his friends and associates. Here 3 letters from Anglo-Saxon women are included, two of them to their friend Boniface. Also a letter from Boniface to Ecgberht bishop of York in which he complains of the immoral behaviour of king Æthelbald of Mercia, and a letter to Boniface from Æthelbert of Kent, thanking him for his mission work, sending him a raincoat and asking for two falcons to be sent from Germany.
The introduction discuses the notion of gift in contrast with tributes, by paying a particular attention to gifts of prestige, and their importance in the Atlantic slave trade and provides a outline of each chapter.
A gift, my grandmother used to say, is just a loan. And certainly in many parts of the world gifts, far from being merely free-will offerings, are what bind people together in relationships of felt indebtedness. As one traces the meaning and forms of gift-giving in the Middle East and North Africa, one appreciates that the lines along which gifts flow and the meanings that are attached to them are, like the traces of one’s passing, an indicator of the bonds of obligations formed. In a sense, the running imbalance of gifts thus underscores the nature of many social ties and their negotiation in this part of the world and with them a keener appreciation of how they inform the encounters that sustain the social order.
In chapter 2 we discussed contract formation in general, whereas here we shall dive deeper into formality and delivery in particular. Before doing so, we need to lay the foundations by which to evaluate the legal impact of formality and delivery on civil and commercial contracts. It will be recalled that under the civil law tradition, contracts are predicated on three general pillars, namely: (i) consent, consisting of offer, acceptance and intention to be legally bound; (ii) subject-matter; and (iii) cause. In addition, there may, although not necessarily, exist two further requirements (special pillars), namely: (iv) formality; and (v) delivery
The early seventh-century papyrus from the St Sergius Monastery at Nessana in Roman Third Palestine (Negev desert, Israel) illustrates how early byzantine monastic stewards categorized and handled lay donations. Called an ‘Account of Church Offerings’, P.Ness. III 79 preserves registers that formally separate gifts called ‘blessings’ (eulogiai) from ‘offerings’ (prosphorai). Though unique in the papyrus record, such categorical distinctions are also implied by contemporary hagiography; P.Ness III 79 confirms that monks formally recognized a categorical difference between these two types of gifts, as implied by hagiography. Moreover, hagiography indicates that blessings were considered gifts that did not oblige their recipients to give anything in return, while offerings expected recipients to provide some sort of service. Marks placed next to entries of offerings in P.Ness III 79 suggest that concern for obligation guided monastic stewardship practices. Such monastic practices and concerns may be illuminated by distinctions drawn between restricted and unrestricted gifts by modern non-profits.
Conspicuous consumption and display were central to the Residents’ representational strategies at court. Britons in India are often assumed to have dismissed gift-giving as mere bribery and regarded regal pageantry as empty spectacle; in fact, the opposite is true. Residents were very aware of the symbolism of gifts and their efficacy at securing relationships both vertically and horizontally; this awareness is clearly manifest in their efforts to monitor and regulate these exchanges at court. The attempt on the part of the Company to impose a rigid, contractual framework on gift-giving was therefore not a sign of ignorance or disregard, nor was it simply an attempt to preclude corruption at court. By situating these debates within wider disagreements about the Residents’ expense claims, it becomes clear that there were other, more abstract issues at stake. These squabbles about money were a product of ambivalent attitudes about conspicuous consumption and display and reflect serious differences of opinion regarding the basis of the Company’s legitimacy in India.
This article explores the concept of consideration in contract law from a comparative perspective, looking at how English law and German law distinguish bargains from gifts. Contrary to the orthodoxy that consideration is unique to Common Law and absent from Civil Law, the bidirectional analysis in this article shows how English law and German law can be understood to fulfil a comparable function and can thus inform and benefit each other. The sophisticated English doctrine can be used to refine the rather imprecise German definition of gifts, whilst the understanding of English authorities can profit from reflecting inversely on the criterion of gratuitousness in German law.
Ethnographers have recorded many instances of tokens donated as gifts to attract new partners or strengthen ties to existing ones. We study whether gifts are an effective pledge of the donor’s trustworthiness through an experiment modeled on the trust game. We vary whether the trustee can send a token before the trustor decides whether to transfer money; whether one of the tokens is rendered salient through experimental manipulations (a vote or an incentive-compatible rule of purchase for the tokens); and whether the subjects interact repeatedly or are randomly re-matched in each round. Tokens are frequently sent in all studies in which tokens are available, but repeated interaction, rather than gifts, is the leading behavioral driver in our data. In the studies with random pairs, trustors send significantly more points when the trustee has sent a token. Subjects in a fixed matching achieve comparable levels of trust and trustworthiness in the studies with and without tokens. The trustee’s decision to send a token is not predictive of the amount the trustee returns to the trustor. A token is used more sparingly whenever salient — a novel instance of endogenous value creation in the lab.
Equity recognises as property certain assets not recognised at common law, such as the beneficiary’s interest in a trust. It is also clear that property interests can be created more informally in equity than at law. One aspect of this is equity’s attitude to assignments of property. Assignments are transfers of property either for consideration or as gifts. The question whether property has been effectively assigned is of considerable commercial significance. It is not always an easy question to answer. The law of assignments stands at the intersection of common law, equity and statute. The common law developed basic rules for the transfer of property. Equity acts as a ‘gloss’ and recognises assignments in various cases where the common law would not. Many assignments are also effected by statute. So when we consider whether an assignment has been effective, we need to be able to apply law from all three sources.
Adventures in Childhood connects modern intellectual property law and practice with a history of consumption. Structured in a loosely chronological order, the book begins with the creation of a children's literature market, a Christmas market, and moves through character merchandising, syndicated newspaper strips, film, television, and cross-industry relations, finishing in the 1970s, by which time professional identities and legal practices had stabilized. By focusing on the rise of child-targeted commercial activities, the book is able to reflect on how and why intellectual property rights became a defining feature of 20th century culture. Chapters trace the commercial empires that grew around Alice in Wonderland, Peter Rabbit, Meccano, Felix the Cat, Mickey Mouse, Peter Pan, Eagle Magazine, Davy Crockett, Mr Men, Dr Who, The Magic Roundabout and The Wombles to show how modern intellectual property merchandising was plagued with legal and moral questions that exposed the tension between exploitation and innocence.
Imagine two friends. Anna inherits nothing and works for every penny she has, while Mary inherits millions. How should a world that respects individual autonomy and private property rights treat Anna’s earnings and Mary’s inheritance? Should it tax them the same, or tax one more heavily than the other? If the latter, which one? The conventional wisdom holds that although some “right” libertarian theories justify taxing income, none justify taxing inheritances. Such taxes are “expropriations” and “an especially cruel injury” that “run[] roughshod over [a] deceased’s interest in the ends his property will serve.” This essay explores the standard libertarian objections to taxing gifts and bequests and argues that libertarians overstate their case when distinguishing the taxation of gratuitous transfers from other types of taxation. At minimum, the benefit theory of taxation embraced by many minimal statists and classical liberals mandates that the receipt of gifts and bequests should be taxed to the recipient. Moreover, the goals of curbing inherited political power and preventing wealthy families from insulating their members from market competition provide two additional explanations for why taxing inheritances to recipients is compatible with classical liberal values.
This article examines gift-giving within the Persian empire and its perception in Greek literary sources. Gift-giving in the Greek world was often framed in the language of friendship, and Greek authors subsequently articulated Persian traditions using the language and cultural norms of their intended audience. There were fundamental differences in the concepts of gift-exchange and reciprocity between the Greeks and the Persians. This article will examine Persian traditions of gift-giving followed by Greek traditions of gift-giving, and will argue that the Greek misrepresentation of Persian customs led to numerous misunderstandings in relations between Greek and Persian individuals. The use of Greek descriptive language, rather than more accurate terminology, to describe Persian traditions has hindered our understanding of gift-giving in the Persian empire. In addressing these misconceptions, this article will demonstrate the successful use of gift-giving in the Persian empire and the perils of Greek misrepresentation of foreign customs.
We know about the benefactors of Greek cities primarily from inscriptions that mark the honours given to them for their benefaction. But the act of benefaction, which is nothing other than the giving of a gift to a corporate body, existed independently of the honour, and this chapter seeks to turn attention to why it was that institutions needed benefactors, and the different needs of institutions of different sizes. Corporate bodies had a number of ways, including direct and indirect taxation and requiring contributions, to meet their financial and other needs, but the smaller the corporate body, the more important it was for it to cultivate benefactors. The particular need felt by Athenian demes can be seen to be reflected in the indications in the epigraphic record that they were precocious in developing ways of encouraging benefaction. But how a group relates in size to other groups is important in determining the attitudes that potential benefactors take to it, so that relative as well as absolute size matters.
This chapter examines the resulting trust. It is a type of implied trust and it arises by operation of laweither because of the presumed intention of the parties or because of the failure of an express trust. A presumed resulting trust arises where land is purchased in the name of one party but the purchase monies have been provided by another party. The presumption can be rebutted by evidence of a gift or advancement to a close family member of a loan. Evidence of an illegal motive was once inadmissible to use to rebut a presumption but today the court uses its discretion as to whether it will be admitted. Automatic resulting trusts usually arise where a purpose has failed. A new type of trust 'the Quistclose trust' was created when Quistclose successfully recovered money loaned to pay dividends to a company which went bankrupt. Sometimes a surplus remains after the purpose of the trust has been carried out this will result back to the settlor and where a trust fails to conform with key requirements of a trust then the property will usuallyrevert back to the settlor although in some cases the trust property has been found to be an absolute gift.
Courtship behaviour varied not just across social class but also depended on individual inclination and disposition.There were agreed patterns of behaviour, particularly in middle-class society, that signalled to family, friends and the wider community that a couple were courting and the expectation was that the courtship would end in marriage. Not everyone observed or followed the rules of courtship, particularly around the issue of pre-marital sex.Courtships sometimes broke down and led to breach of promise to marry cases.While impossible to quantify, one of the facts to emerge from a study of breach of promise cases is the prevalence of sex as part of courtship. While the Presbyterian church authorities were tolerant, if not approving, of couples who consummated their relationship before marriage, the statistical evidence slowly emerging from scattered sources also indicates a significant number of pregnant Catholic brides.The single mother may have been shunned by society but there was less shame attached to the birth of children within seven or eight months of marriage.There is evidence in middle-class urban society of changing attitudes to courtship in the early decades of the twentieth century with more men and women anxious to make their own choice of spouse.