409 research outputs found
Book review: Hamish MacCunn (1868-1916): a musical life, by Jennifer L. Oates
No full textBook review of: Hamish MacCunn (1868-1916): a musical life (Music in 19th-Century Britain) by Jennifer L. Oates. Farnham: Ashgate, 2013; ISBN 9780754661832 (£60.00)Publisher PD
The music of Hamish MacCunn (1868-1916): a critical study
No full textApart from a single study of Jeanie Deans, MacCunn's music has, to date, never received a detailed examination. This thesis aims to provide a contextual basis for, and a stylistic analysis of, his major works, and so establish informed criteria by which a truer assessment of MacCunn's significance may be made, challenging the sovereignty of Land of the Mountain and the Flood in the public's reckoning of his compositions and hence revealing it to be not an isolated peak but one summit among many. Hamish MacCunn (1868-1916) grew up in Greenock on the west coast of Scotland before removing to London at the tender age of 15 to further his musical studies at the Royal College of Music. His assimilation of a robust orchestral technique was rapid and before he reached his twentieth birthday he had already tasted the pleasures of public approbation. Thereafter, a sequence of orchestral works, cantatas, songs and two grand operas with a pronounced Scottish character appeared in the late eighties and nineties. It is this period which is the focus of the study, but later works dating from MacCunn's time conducting West End shows are also discussed. Through a generic survey of his output, the thesis locates the composer's works within a historical and biographical framework, isolating characteristic traits both novel and derived from the earlier Nineteenth Century inheritance, and evaluating his position as a composer of his time and afterwards. In particular his strengths and penchants as a composer have been identified with special emphasis on the composer’s bias for dramatic or narrative music, amply demonstrated in his overtures, cantatas and, above all, his two operas Jeanie Deans and Diarmid. To complement the chapters on MacCunn's musical works, an opening biographical chapter, a comprehensive catalogue, a family tree, iconography and bibliography have been provided. Throughout the thesis, reference has been made to primary sources held in Glasgow and other libraries throughout Britain and the United States, in an attempt to arrive at as complete a picture of MacCunn as possible
Evidence: A Canadian Casebook, 4th ed.
No full textAvailable at Evidence : a Canadian casebook : Stewart, Hamish, author : Free Download, Borrow, and Streaming : Internet Archivehttps://commons.allard.ubc.ca/books/1055/thumbnail.jp
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Now wenches, listen, and let lovers lie: women's storytelling in Bloomfield and Clare
No full textThis essay involves two ‘borders’. The first is the border of gender, between male poet and female subject. The second is a cultural border, much criss-crossed in the early modern period, but still tricky for the nineteenth-century ‘labouring-class’ poets to negotiate: the border between oral and printed culture. If I do not on this occasion cross the river Tweed, I am nevertheless keenly aware here that John Clare’s ‘absent’ grandfather was an itinerant Scottish schoolmaster, and that Scotland itself in the period was, as Hamish Henderson reminds us, the very powerhouse of British balladry and folk culture
Legality and Morality in H.L.A. Hart's Theory of Criminal Law
No full textThis is the version of record of an article authored by Hamish Stewart and published in the SMU Law Review.H.L.A. Hart is best known for his Concept of Law, a powerful work that fundamentally changed the course of jurisprudential analysis in the common law world. But Hart also made significant contributions to the analysis of two particular areas of Anglo-American law. One of these areas, the criminal law, is the subject of this Article. Hart's account of the nature of law was both positivist, in that it insisted on a strict separation between positive law and law as it ought to be, and rule-oriented, in that the rule-like nature of law was an essential feature of what law is. But his writings on criminal law strongly advocate certain normative positions. While there is no necessary contradiction between these two groups of writings, in that each belongs to a different mode of analysis, the juxtaposition of Hart's criminal law writings with his jurisprudential writings casts doubt on the separation between law and morals. Hart's work on criminal law may be usefully divided into two categories. The first is his analysis of certain basic criminal law concepts such as responsibility and fault. The second is his discussion of the proper relationship between criminal law and morality. In both categories, Hart argues that criminal law is, and should be, rule-like, so that it can both govern and address the behavior of human agents. Hart's criminal law writing thus offers a substantive, normative account of the reasons for having rules in criminal law. The substance of that account we may call, following Fuller, "legality": the rule-like nature of law is not just a defining feature of law but has normative force in its own right. If this is truly Hart's position, then there are two possibilities: either Hart has uncovered an incredible coincidence between law as it is and law as it should be, or Hart's jurisprudential claim that law is categorically distinct from morality is not sustainable
“Mr. Big” Confessions, R v Hart, and a Proposal for a New Right of Appeal based upon Fundamental Post-conviction Changes to the Law
No full textIn a 2014 decision, R v Hart, the Supreme Court of Canada (SCC) held that confessions obtained from undercover “Mr. Big” sting operations would henceforth by presumptively inadmissible as evidence in criminal trials. The new exclusionary rule was motivated by concerns about wrongful convictions arising from this type of confession, which is often unreliable and highly prejudicial to the accused. The advent of this new rule, however, casts doubt upon the reliability of past criminal convictions based upon “Mr. Big” confession evidence. Presently, there are only very limited avenues for post-conviction review based on subsequent fundamental changes to the law. Accordingly, a new statutory right of appeal is proposed to allow for reopening past cases when merited by fundamental post-conviction changes to the law.LL.M
Author in waiting : self-portrait of Peter Goldsworthy as a boy
No full textReview of His Stupid Boyhood by Peter Goldsworthy (Hamish Hamilton, 2013)
“Mr. Big” Confessions, R v Hart, and a Proposal for a New Right of Appeal based upon Fundamental Post-conviction Changes to the Law
No full textIn a 2014 decision, R v Hart, the Supreme Court of Canada (SCC) held that confessions obtained from undercover “Mr. Big” sting operations would henceforth by presumptively inadmissible as evidence in criminal trials. The new exclusionary rule was motivated by concerns about wrongful convictions arising from this type of confession, which is often unreliable and highly prejudicial to the accused. The advent of this new rule, however, casts doubt upon the reliability of past criminal convictions based upon “Mr. Big” confession evidence. Presently, there are only very limited avenues for post-conviction review based on subsequent fundamental changes to the law. Accordingly, a new statutory right of appeal is proposed to allow for reopening past cases when merited by fundamental post-conviction changes to the law.LL.M
The Voice of the People: Hamish Henderson and Scottish Cultural Politics
No full textExamining Hamish Henderson’s search for the radical voice of the people in modern Scotland.
How might the alienation of the artist in modern Scotland be overcome? How do you incite a popular folk revival? Can a poet truly speak with the ‘voice of the people’? And what happens to the writer who rejects print culture in favour of becoming Anon.? The life and times of polymath, scholar, author and folk-hero, Hamish Henderson (1919-2002), poses, and helps us to answer, these questions. This book examines his life-long commitment to finding a form of artistic expression suitable for post-war Europe. Though Henderson is a major figure in Scottish cultural history, his reputation is largely maintained through anecdotes and radical folk songs. This study explores his ideas in their intellectual, cultural and political contexts. It describes how all of his works – in war poetry, song collection, folklore scholarship, folksong revivalism, literary translation, and vicious public debates – reflect this desire to see the artist fully reintegrated in society
The Constitutionality of the New Sex Work Law
No full textThis is the version of record of an article authored by Hamish Stewart, and published in the Alberta Law Review.In this article, the author considers the constitutionality of Canada’s new law on prostitution: Bill C-36. When the new sex work law was first introduced into Parliament, a number of advocacy groups and commentators argued that it was unconstitutional because of its failure to respond to the concerns raised in Bedford v. Canada, a case where the Supreme Court of Canada struck down the old sex work law on the ground that its negative impact on sex workers’ security of the person outweighed its nuisance abatement objective. This author agrees that Bill C-36 may be unconstitutional, but for a different reason. The new sex work law adheres to the constitutional norms invoked in Bedford by making use of two novel policy objectives: discouraging sex work and reducing the danger of sex work to sex workers. In practice, however, these objectives are likely to conflict with one another. As a result, Bill C-36 is an incoherent piece of legislation that may be unconstitutional for creating arbitrary and grossly disproportionate effects on the security of the person of sex workers
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