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1000 tulosta hakusanalla Neil Thompson

Institutions of Law

Institutions of Law

Neil MacCormick

Oxford University Press
2008
nidottu
Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. It is written with a view to elucidating law, legal concepts, and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the State and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless, it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.
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Euroclash

Euroclash

Neil Fligstein

Oxford University Press
2008
sidottu
The European Union's market integration project has dramatically altered economic activity around Europe. This book presents extensive evidence on how trade has increased, jobs have been created, and European business has been reorganized. However, changes in the economy have been accompanied by dramatic changes in how people from different societies interact. In this book Neil Fligstein argues provocatively that these changes have produced a truly transnational - European - society. The book explores the nature of that society and its relationship to the creation of a European identity, popular culture, and politics. Much of the current political conflict around Europe can be attributed to who is and who is not involved in European society. Business owners, managers, professionals, white-collar workers, the educated, and the young have all benefited from European economic integration, specifically by interacting more and more with their counterparts in other societies. They tend to think of themselves as Europeans. Older, poorer, less-educated, and blue-collar citizens have benefited less. They view the EU as intrusive on national sovereignty, or they fear its pro-business orientation will overwhelm the national welfare states. They have maintained national identities. There is a third group of mainly-middle class citizens who see the EU in mostly positive terms and sometimes - but not always - think of themselves as Europeans. It is this swing group that is most critical for the future of the European project. If they favor more European cooperation, politicians will oblige. But, if they prefer that policies remain wedded to the nation, European cooperation will stall. Written in an accessible style this is a major new interpretation of the drive to European integration and essential reading for all those with an interest in the topic.
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Rhetoric and The Rule of Law

Rhetoric and The Rule of Law

Neil MacCormick

Oxford University Press
2009
nidottu
When cases come before courts can we predict the outcome? Is legal reasoning rationally persuasive, working within a formal structure and using recognisable forms of arguments to produce predictable results? Or is legal reasoning mere rhetoric´ in the pejorative sense, open to use, and abuse, to achieve whatever ends unscrupulous politicians, lawyers and judges desire? If the latter what becomes of the supposed security of living under the rule of law? This book tackles these questions by presenting a theory of legal reasoning, developing the author's classic account given in Legal Reasoning and Legal Theory (OUP, 1978). It explains the essential role syllogism plays in reasoning used to apply the law, and the elements needed in addition to deductive reasoning to give a full explanation of how law is applied and decisions justified through the use of precedent, analogy and principle. The book highlights that problems of interpretation, classification and relevance will always arise when applying general legal standards to individual cases. In justifying their conclusions about such problems, judges need to be faithful to categorical legal reasons and yet fully sensitive to the particulars of the cases before them. How can this be achieved, and how should we evaluate the possible approaches judges could take to solving these problems? By addressing these issues the book asks questions at the heart of understanding the nature of law and the moral complexity of the rule of law.
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Euroclash

Euroclash

Neil Fligstein

Oxford University Press
2009
nidottu
The European Union's market integration project has dramatically altered economic activity around Europe. This book presents extensive evidence on how trade has increased, jobs have been created, and European business has been reorganized. The changes in the economy have been accompanied by dramatic changes in how people from different societies interact. This book argues provocatively that these changes have produced a truly transnational-European-society. The book explores the nature of that society and its relationship to the creation of a European identity, popular culture, and politics. Much of the current political conflict around Europe can be attributed to who is and who is not involved in European society. Business owners, managers, professionals, white-collar workers, the educated, and the young have all benefited from European economic integration, specifically by interacting more and more with their counterparts in other societies. They tend to think of themselves as Europeans. Older, poorer, less educated, and blue-collar citizens have benefited less. They view the EU as intrusive on national sovereignty, or they fear its pro-business orientation will overwhelm the national welfare states. They have maintained national identities. There is a third group of mainly-middle class citizens who see the EU in mostly positive terms and sometimes-but not always-think of themselves as Europeans. It is this swing group that is most critical for the future of the European project. If they favor more European cooperation, politicians will oblige. But, if they prefer that policies remain wedded to the nation, European cooperation will stall.
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Hard Luck

Hard Luck

Neil Levy

Oxford University Press
2011
sidottu
The concept of luck has played an important role in debates concerning free will and moral responsibility, yet participants in these debates have relied upon an intuitive notion of what luck is. Neil Levy develops an account of luck, which is then applied to the free will debate. He argues that the standard luck objection succeeds against common accounts of libertarian free will, but that it is possible to amend libertarian accounts so that they are no more vulnerable to luck than is compatibilism. But compatibilist accounts of luck are themselves vulnerable to a powerful luck objection: historical compatibilisms cannot satisfactorily explain how agents can take responsibility for their constitutive luck; non-historical compatibilisms run into insurmountable difficulties with the epistemic condition on control over action. Levy argues that because epistemic conditions on control are so demanding that they are rarely satisfied, agents are not blameworthy for performing actions that they take to be best in a given situation. It follows that if there are any actions for which agents are responsible, they are akratic actions; but even these are unacceptably subject to luck. Levy goes on to discuss recent non-historical compatibilisms, and argues that they do not offer a viable alternative to control-based compatibilisms. He suggests that luck undermines our freedom and moral responsibility no matter whether determinism is true or not.
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Multiple Sclerosis

Multiple Sclerosis

Neil Scolding; Alastair Wilkins

Oxford University Press
2012
nidottu
Multiple sclerosis is the most common neurological cause of debilitation in young people; it affects approximately 85,000 people in the UK, 400,000 people in the US and approximately 2.5 million people worldwide. The disease commonly manifests in the second or third decade of life, and in most cases it leads to progressive disability, which explains its enormous impact on the economy (estimated at around £1.4 billion annually). The disease is incurable and the precise causes are still unknown. Part of the Oxford Neurology Library series, this practical pocketbook summarises the latest understanding of what might cause the disease, the methods of diagnosis and assessment, and current management techniques. The book also includes chapters on variants of multiple sclerosis, on childhood-onset disease and future therapies. This pocketbook will serve as an invaluable reference for trainee neurologists, consultants needing rapid access to core facts, interested general practitioners and specialist MS nurses.
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Changes of Mind

Changes of Mind

Neil Tennant

Oxford University Press
2012
sidottu
This is the first logically precise, computationally implementable, book-length account of rational belief revision. It explains how a rational agent ought to proceed when adopting a new belief - a difficult matter if the new belief contradicts the agent's old beliefs. Belief systems are modeled as finite dependency networks. So one can attend not only to what the agent believes, but also to the variety of reasons the agent has for so believing. The computational complexity of the revision problem is characterized. Algorithms for belief revision are formulated, and implemented in Prolog. The implementation tests well on a range of simple belief-revision problems that pose a variety of challenges for any account of belief revision. The notion of 'minimal mutilation' of a belief system is explicated precisely for situations when the agent is faced with conflicting beliefs. The proposed revision methods are invariant across different global justificatory structures (foundationalist, coherentist, etc.). They respect the intuition that, when revising one's beliefs, one should not hold on to any belief that has lost all its former justifications. The limitation to finite dependency networks is shown not to compromise theoretical generality. This account affords a novel way to argue that there is an inviolable core of logical principles. These principles, which form the system of Core Logic, cannot be given up, on pain of not being able to carry out the reasoning involved in rationally revising beliefs. The book ends by comparing and contrasting the new account with some major representatives of earlier alternative approaches, from the fields of formal epistemology, artificial intelligence and mathematical logic.
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Treasure Neverland

Treasure Neverland

Neil Rennie

Oxford University Press
2013
sidottu
Treasure Neverland is about factual and fictional pirates. Swashbuckling eighteenth-century pirates were the ideal pirates of all time and tales of their exploits are still popular today. Most people have heard of Blackbeard and Captain Kidd even though they lived about three hundred years ago, but most have also heard of other pirates, such as Long John Silver and Captain Hook, even though these pirates never lived at all, except in literature. The differences between these two types of pirates - real and imaginary - are not quite as stark as we might think as the real, historical pirates are themselves somewhat legendary, somewhat fictional, belonging on the page and the stage rather than on the high seas. Based on extensive research of fascninating primary material, including testimonials, narratives, legal statements, colonial and mercantile records, Neil Rennie describes the ascertainable facts of real eighteenth-century pirate lives and then investigates how such facts were subsequently transformed artistically, by writers like Defoe and Stevenson, into realistic and fantastic fictions of various kinds: historical novels, popular melodramas, boyish adventures, Hollywood films. Rennie's aim is to watch, in other words, the long dissolve from Captain Kidd to Johnny Depp. There are surprisingly few scholarly studies of the factual pirates - properly analysing the basic manuscript sources and separating those documents from popular legends - and there are even fewer literary-historical studies of the whole crew of fictional pirates, although those imaginary pirates form a distinct and coherent literary tradition. Treasure Neverland is a study of this Scots-American literary tradition and also of the interrelations between the factual and fictional pirates - pirates who are intimately related, as the nineteenth-century writings about fictional pirates began with the eighteenth-century writings about supposedly real pirates. 'What I want is the best book about the Buccaneers', wrote Stevenson when he began Treasure Island in 1881. What he received, rightly, was indeed the best book: the sensational and unreliable History of the Pyrates (1724).
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Practical Reason in Law and Morality

Practical Reason in Law and Morality

Neil MacCormick

Oxford University Press
2011
nidottu
The concept of practical reason is central to contemporary thought on ethics and the philosophy of law - acting well means acting for good reasons. Explaining this requires several stages. How do reasons relate to actions at all, as incentives and in explanations? What are values, how do they relate to human nature, and how do they enter practical reasoning? How do the concepts of 'right and wrong' fit in, and in what way do they involve questions of mutual trust among human beings? How does our moral freedom - our freedom to form our own moral commitments - relate to our responsibilities to each other? How is this final question transposed into law and legal commitments? This book explores these questions, vital to understanding the nature of law and morality. It presents a clear account of practical reason, valuable to students of moral philosophy and jurisprudence at undergraduate or postgraduate levels. For more advanced scholars it also offers a reinterpretation of Kant's views on moral autonomy and Smith's on self-command, marrying Smith's 'moral sentiments' to Kant's 'categorical imperative' in a novel way. The book concludes and underpins the author's Law, State, and Practical Reason series. Taken together the books offer an overarching theory of the nature of law and legal reason, the role of the State, and the nature of moral reason and judgement.
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Copyright's Paradox

Copyright's Paradox

Neil Weinstock Netanel

Oxford University Press Inc
2010
nidottu
Providing a vital economic incentive for much of society's music, art, and literature, copyright is widely considered "the engine of free expression^"--but it is also used to stifle news reporting, political commentary, historical scholarship, and even artistic expression. In Copyright's Paradox, Neil Weinstock Netanel explores the tensions between copyright law and free speech, revealing the unacceptable burdens on expression that copyright can impose. Tracing the conflict across both traditional and digital media, Netanel examines the remix and copying culture at the heart of current controversies related to the Google Book Search litigation, YouTube and MySpace, hip-hop music, and digital sampling. The author juxtaposes the dramatic expansion of copyright holders' proprietary control against the individual's newly found ability to digitally cut, paste, edit, remix, and distribute sound recordings, movies, TV programs, graphics, and texts the world over. He tests whether, in light of these and other developments, copyright still serves as a vital engine of free expression and assesses how copyright does--and does not--burden free speech. Taking First Amendment values as his lodestar, Netanel offers a crucial, timely call to redefine the limits of copyright so it can most effectively promote robust debate and expressive diversity--and he presents a definitive blueprint for how this can be accomplished.
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We Gather Together

We Gather Together

Neil J. Young

Oxford University Press Inc
2015
sidottu
In the 1970s, mainly in response to Roe v. Wade, evangelicals and conservative Catholics put aside their longstanding historical prejudices and theological differences and joined forces to form a potent political movement that swept across the country--or so conventional wisdom would have us think. In this provocative book, Neil J. Young argues that most of this widely accepted story of the creation of the Religious Right is not true. We Gather Together examines evangelicals, Catholics, and Mormons (who are usually ignored in the story) in the early days of the religious right and paints a much different picture. Tracing the interactions among these three groups from the 1950s to the present day, Young shows that the emergence of the Religious Right was not a brilliant political strategy of compromise and coalition-building hatched on the eve of a history-altering election. Rather, it was the latest iteration of a much-longer religious debate that had been going on for decades in reaction to the building of a mainline Protestant consensus. This "restructuring" of interfaith relations took place alongside American political developments of the time, and evangelicals, Catholics, and Mormons found common cause and pursued similar ends in debates about abortion, school prayer, the Equal Rights Amendment, and tax exemptions for religious schools. They did so together at times but more often separately, and it is the latter part that historians have all but ignored. While these social and political issues were the objects of their displeasure, they weren't its source; far from setting aside their divisions to create a unified movement, cracks in the alliance shaped the movement from the very beginning. This provocative book will reshape our understanding of the most important religious and political movement of the last 30 years.
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Copyright

Copyright

Neil Weinstock Netanel

Oxford University Press Inc
2018
sidottu
Copyright law was once an esoteric backwater, the special province of professional authors, publishers, and entertainment companies, but it now impacts everyone who uses the Internet or consumes cultural expression on a computer, mobile phone, or personal tablet. Copyright has come to be immensely controversial as well. For instance, the proposed Stop Online Piracy Act (SOPA), copyright-industry backed legislation met its defeat at the hands of a popular outcry spearheaded by Google, Wikipedia, and other online aggregators of content and information. SOPA and other such initiatives would target the massive online piracy that threatens the economic viability of newspapers, movie studios, record labels, and book publishers. But the copyright industries' arguably heavy-handed response threatens to chill the free-wheeling wellspring of online creativity, expression, and ready access to information upon which we have all come to rely. To navigate the shoals of these opposing, equally dim prospects is a complex undertaking. No less daunting, even for the educated layperson, is to understand the legal framework, policy arguments, industry economics, legislative proposals, and judicial decisions that fuel the copyright debate. In Copyright: What Everyone Needs to Know®, law professor Neil Netanel guides readers through the murky dynamics of modern copyright law, answering questions about topics such as the new challenges posed by the digital environment, copyright and piracy in the global marketplace, and proposals for future reform. From the basis and purpose of copyright law to a glimpse at what the law could - or should - become in the digital age, Netanel offers the necessary tools for following the debates that have raged everywhere from internet forums to the halls of Congress.
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Copyright

Copyright

Neil Weinstock Netanel

Oxford University Press Inc
2018
nidottu
Copyright law was once an esoteric backwater, the special province of professional authors, publishers, and media companies. This is no longer the case. In the age of social media and cloud storage, we have become a copying and sharing culture. Much of our everyday communication, work, and entertainment now directly involves copyright law. Copyright law and policy are ferociously contested. Record labels, movie studios, book publishers, newspapers, and many authors rage that those who share music, video, text, and images over the Internet are âstealingâ their property. By contrast, copyright industry critics celebrate digital technologyâs potential to make the universe of movies, music, books, and art accessible anytime and anywhere â and to empower individuals the world over to express themselves by sharing and remixing those works. These critics argue that excessive copyright enforcement threatens that promise and stifles creativity. In Copyright: What Everyone Needs to Know®, Neil Weinstock Netanel explains the concepts needed to understand the heated debates about copyright law and policy. He identifies the combatants, unpacks their arguments, and illuminates what is at stake in the debates over copyrightâs present and future.
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Intellectual Privacy

Intellectual Privacy

Neil Richards

Oxford University Press Inc
2015
sidottu
Most people believe that the right to privacy is inherently at odds with the right to free speech. Courts all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. America's obsession with celebrity culture has blinded us to more important aspects of how privacy and speech fit together. Celebrity gossip might be a price we pay for a free press, but the privacy of ordinary people need not be. True invasions of privacy like peeping toms or electronic surveillance will rarely merit protection as free speech. And critically, Richards shows how most of the law we enact to protect online privacy pose no serious burden to public debate, and how protecting the privacy of our data is not censorship. More fundamentally, Richards shows how privacy and free speech are often essential to each other. He explains the importance of 'intellectual privacy,' protection from surveillance or interference when we are engaged in the processes of generating ideas - thinking, reading, and speaking with confidantes before our ideas are ready for public consumption. In our digital age, in which we increasingly communicate, read, and think with the help of technologies that track us, increased protection for intellectual privacy has become an imperative. What we must do, then, is to worry less about barring tabloid gossip, and worry much more about corporate and government surveillance into the minds, conversations, reading habits, and political beliefs of ordinary people. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.
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Ethics, Identity, and Community in Later Roman Declamation

Ethics, Identity, and Community in Later Roman Declamation

Neil W. Bernstein

Oxford University Press Inc
2013
sidottu
Rhetorical training was the central component of an elite Roman man's education. Controversiae (declamations), imaginary courtroom speeches in the character of a fictional or historical individual, were the most advanced exercises in the standard rhetorical curriculum. The Major Declamations is a collection of nineteen full-length Latin speeches attributed in antiquity to Quintilian but most likely composed by a group of authors in the second and third centuries CE. Though there has been a recent revival of interest in Greco-Roman declamation, the Major Declamations has generally been neglected. Ethics, Identity, and Community in Later Roman Declamation is the first book devoted exclusively to the Major Declamations and its reception in later European literature. It argues that the fictional scenarios of the Major Declamations enable the conceptual exploration of a variety of ethical and social issues. These include the construction of authority (Chapter 1), the verification of claims (Chapter 2), the conventions of reciprocity (Chapter 3), and the ethics of spectatorship (Chapter 4). Chapter 5 presents a study of the reception of the collection by the Renaissance humanist Juan Luis Vives and the eighteenth century scholar Lorenzo Patarol. A brief postscript surveys the use of declamatory exercises in the contemporary university and will inform current work in rhetorical studies.
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XML Companion

XML Companion

Neil Bradley

Pearson Education (us)
2001
pokkari
Building on from the success of the second edition, this is an accessible, in-depth reference guide to XML. Apart from the core chapters on the XML standard itself, this book concentrates on related standards developed by the W3C and on the two most popular applications of this technology: document publishing and data exchange.
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The North American Trajectory

The North American Trajectory

Neil Nevitte

AldineTransaction
1996
sidottu
North America is steering a new course, with the United States, Canada, and Mexico moving toward continental economic, integration. This book examines basic value changes that are' transforming economic, social, and political life in these three countries, demonstrating that they are gradually adopting an increasingly compatible cultural perspective. A narrow nationalism, dominant since the 19th century, has slowly been giving way to a more cosmopolitan sense of identity. As old economic boundaries become outmoded, a North American perspective makes greater sense. To what extent, then, do the three North American publics - I each with its own heterogeneities and tensions - share a common culture? That question can only be answered if we have some yardstick by which to measure their cultural similarity. These societies are far from identical. But data from the 1990- 1991 World Values survey, drawn from 43 societies around the world, show that on crucial topics, the core values of the American public are significantly closer to those of the Canadians and (to a somewhat lesser extent) to those of the Mexicans, than they are to those of most other peoples in the world. Furthermore, time series evidence indicates that the values of the three North American publics have been converging. This book draws on a unique body of directly comparable cross-national and cross-temporal survey evidence to show that what Americans, Canadians, and Mexicans want out of life is changing in analogous ways. These changes, coupled with sociostructural transformations, are reshaping peoples' feelings about national identity, about trusting each other, and about the balance between economic and non-economic goals. North American economic integration is being reinforced by the gradual emergence of increasingly similar cultural values.
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The North American Trajectory

The North American Trajectory

Neil Nevitte

AldineTransaction
1996
nidottu
North America is steering a new course, with the United States, Canada, and Mexico moving toward continental economic, integration. This book examines basic value changes that are' transforming economic, social, and political life in these three countries, demonstrating that they are gradually adopting an increasingly compatible cultural perspective. A narrow nationalism, dominant since the 19th century, has slowly been giving way to a more cosmopolitan sense of identity. As old economic boundaries become outmoded, a North American perspective makes greater sense. To what extent, then, do the three North American publics - I each with its own heterogeneities and tensions - share a common culture? That question can only be answered if we have some yardstick by which to measure their cultural similarity. These societies are far from identical. But data from the 1990- 1991 World Values survey, drawn from 43 societies around the world, show that on crucial topics, the core values of the American public are significantly closer to those of the Canadians and (to a somewhat lesser extent) to those of the Mexicans, than they are to those of most other peoples in the world. Furthermore, time series evidence indicates that the values of the three North American publics have been converging. This book draws on a unique body of directly comparable cross-national and cross-temporal survey evidence to show that what Americans, Canadians, and Mexicans want out of life is changing in analogous ways. These changes, coupled with sociostructural transformations, are reshaping peoples' feelings about national identity, about trusting each other, and about the balance between economic and non-economic goals. North American economic integration is being reinforced by the gradual emergence of increasingly similar cultural values.
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Spanish Fly

Spanish Fly

Neil Rollinson

Jonathan Cape Ltd
2001
nidottu
Continuing where he left off with A Spillage of Mercury, Neil Rollinson's eagerly awaited new collection delves again into the dark, moist, unexpected bag of human experience. Taking the themes of love, sex, and life's unpredictable mysteries and excitements, he scrapes away at the veneer of normality to reveal a world that is instantly stranger and more compelling than before.Rollinson revisits the erotic with his usual wit and bravado, in poems that are sometimes playful and sensitive, sometimes visceral and shocking. He explores scientific subjects through bedroom eyes, introducing the idea of entropy to the lovers' lexicon; he makes sport a backdrop for loneliness - his characters playing golf on the moon, taking the final penalty in the shoot-out, or wandering aimlessly and forever through the high grass of the village-cricket boundary. Diverse and provocative, vibrant and accessible, Spanish Fly is an unusually happy combination: a successful stimulant and a wholly satisfying performance.
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Demolition

Demolition

Neil Rollinson

Jonathan Cape Ltd
2007
nidottu
With the frank, subversive, and very funny poems in his first two books, Neil Rollinson established himself as a deft cartographer of the sensual world. While a rich and tactile eroticism still courses through Demolition, there is a new seriousness here, as mortality starts to throw its long shadow. These poems occupy a more rueful, reflective space - provisional, mercurial and fragile - a darker place where disintegration and loss are the only certainties, and memory is the only solid ground. Central to this is the death of the father - whether the poet's own, or the lost fathers of Borges or Vallejo - and the theme is broadened through a number of moving examinations of the erosion of time and youth. Against this gathering darkness, Rollinson sets a spirited defence, blending the lyric and vernacular voice in a muscular celebration of food, sex, sport and the natural world that is unusually refreshing, and sophisticated enough to allow both humour and profundity.The poems in Demolition never give up hope; they exhibit a tenacious optimism - or at least a steely pragmatism - that says: we have what we are given, there is no alternative, and we all must find what joy we can in life, and in its living.
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