Clause In Question Research Articles

The general clause "interest of service" as one of the grounds for optional dismissal from service on the example of a police officer - selected theoretical and case law aspects

The principles of employing Police officers are regulated by the Act of April 6, 1990 on the Police, professional pragmatics of an autonomous nature. In the discussed pragmatics, the legislator divided the exhaustive catalog of reasons for dismissal from service into two reasons - obligatory and optional. The impetus for undertaking the research issues covered in this article was the construction of one of the reasons for optional dismissal from service. Namely, in accordance with Art. 41 section 2 point 5 of the Police Act, a police officer may be dismissed from service when an important interest of the service requires it. The construction of the service's interest is nothing more than the normative construction of a general clause, which by its nature is unspecified. Therefore, the closed catalog of grounds for dismissal from service remains open in this respect. The legislator deliberately and consciously uses this construction to make the generally closed catalog of reasons for dismissal from service more flexible. It should be stated, however, that although the Police authority is provided with a large area of freedom in the process of applying the law, the clause in question is not the basis for the authority to make arbitrary and instrumental assessments. The service interest clause, despite its undefined nature, refers to extra-legal criteria with a semantic context defined by the name of the criterion.

간병보험 약관의 ‘보험기간 중 보험사고 발생’ 조항에 대한 해석론 - 대법원 2023. 10. 12. 선고 2020다232709, 232716 판결의 평석

The Supreme Court recently rendered a decision on the interpretation of the “occurrence of an insured event during the insurance period” clause in the terms and conditions of long-term care insurance. In this decision, the Supreme Court applied various rules of standard form contract interpretation to lay out a detailed theory of interpretation. As the insurer's liability to pay insurance benefits arises only if the insured event specified in the insurance contract occurs during the insurance period, the determination of whether the insurer’s liability has arisen must be preceded by the interpretation of the “occurrence of an insured event during the insurance period” clause in the insurance terms and conditions that constitute part of the insurance contract. If one finds the grounds for which insurance terms and conditions are binding on the contracting parties in the parties’ mutual agreement, the general principles of legal acts, i.e., contracts, interpretation are applicable to the interpretation of insurance terms and conditions. Additionally, the various rules of standard form contract interpretation specifically provided for in the Act on the Regulation of Terms and Conditions are also applicable. In the case addressed by this article, the Supreme Court’s interpretation of the disputed clause in the long-term care insurance terms and conditions differed from that of the lower and appellate courts. The Supreme Court, adhering to principles of contract interpretation, focused on the wording of the clause in question while also considering the context, including the purpose and intent of long-term care insurance, trade practices and other relevant factors. The Supreme Court further applied the principle of objective interpretation, rooted in the principle of good faith as stipulated in the Act on the Regulation of Terms and Conditions. Consequently, the Supreme Court interpreted the clause stating insurance benefits are payable “if the insured is recognized as eligible for long-term care insurance benefits during the insurance period” to mean that insurance benefits are payable “if the insured receives a long-term care rating from the assessment committee during the insurance period,” in accordance with the wording of the clause. Furthermore, the Supreme Court determined that this interpretation did not violate the principle of good faith beyond the limits of private autonomy, thus ruling out the complete nullification or partial nullification, i.e., validity-preserving interpretative reduction, of the clause. Based on this interpretation, the Supreme Court ruled that if the insured was assessed with a long-term care rating after the insurance period terminated due to the insured’s death, the insured event could not be considered to have occurred during the insurance period, even if it was confirmed that the insured was in a state requiring long-term care during the insurance period, and therefore, the insurer's liability to pay insurance benefits did not arise. This court decision is significant as it is the first to establish a specific interpretation theory for the “occurrence of an insured event during the insurance period” clause in long-term care insurance policies. Given that many long-term care insurance products currently on the market have clauses with similar structures and content, the standards and interpretation methods from this decision are expected to apply to future disputes relating to the insurer's liability to pay insurance benefits under such contracts. Moreover, the court decision is meaningful in that it clearly delineates the limits of validity-preserving interpretative reduction or modifying interpretation.

Extraction from finite adjunct clauses: an investigation of relative clause dependencies in Norwegian

Recent experiments have confirmed earlier informal evidence that finite adjuncts are not islands categorically. Specifically, it has been shown that adjuncts are not necessarily islands for all dependency types (Sprouse et al. 2016), and that the island status of an adjunct depends on the type of the adjunct clause in question (Kush et al. 2019; Müller 2019; Bondevik et al. 2021; Nyvad et al. 2022). The current study further explores these questions by testing three different adjunct clause types: Clauses introduced by om ‘if’, fordi ‘because’ and når ‘when’, in a relative clause (rc) dependency in Norwegian. We find that forming an rc-dependency into a finite adjunct in Norwegian overall causes island effects, but that there are fine-grained differences within the category ‘adjunct’. Specifically, we find that fordi ‘because’ and når ‘when’ yield large island effects, while om ‘if’, on a par with Kobzeva et al. (2022) and Nyvad et al. (2022), yields intermediate results. Rather than relying on binary distinctions only, we argue that any theory that is to explain the empirical landscape must be sufficiently fine-grained and allow for gradient distinctions.

Inchoative verbs in constructions with infinitives in 16th‒17th century Russian sources: Searching for the difference

The article focuses on the study of differences between phase verbs in constructions with infinitive clause in the 16th‒17th century Russian writing. The verbs under discussion are: načati, počati, jati, učati, and stati, as well as the verb byti, which does not belong to phase ones, but competes with them in the simple future tense form. The study is limited to the constructions with auxiliary verbs in the perfective present tense form, i. e., those that refer to the future. The data was collected from the Middle Russian subcorpus of the Russian National Corpus. Contexts from the corpus are classified according to the following parameters: auxiliariness, infinitive, agency/non-agency and telicity/atelicity/punctivity of the predicate in the infinitive form, aspectual semantics of the construction (phasal, iterative, habitual, general factual, durative-continuative meanings), the type of the clause in question, the date and the title of the source, its register and genre. It was found that each periphrastic construction has a unique set of properties associated with the paradigmatic limitations of the auxiliary verb, tendency to occur in a certain clause type, register and genre. The constructions are sensitive to various semantic features of infinitive and aspectual semantics of the context. It is argued that constructions with the verb učnu are less associated with the expression of inchoativity since they are attested in the contexts uncommon for inchoative verbs. Two distinct clusters of periphrastic constructions are distinguished: older constructions with the verbs načnu, počnu and imu and newer ones with the verbs učnu, stanu and budu.

Contesting the Constitution: Congress Debates the Missouri Crisis, 1819–1821 ed. by William S. Belko, and: A Fire Bell in the Past: The Missouri Crisis at 200. Volume 1: Western Slavery, National Impasse ed. by Jeffrey L. Pasley and John Craig Hammond

Reviewed by: Contesting the Constitution: Congress Debates the Missouri Crisis, 1819–1821 ed. by William S. Belko, and: A Fire Bell in the Past: The Missouri Crisis at 200. Volume 1: Western Slavery, National Impasse ed. by Jeffrey L. Pasley and John Craig Hammond Stuart Leibiger Contesting the Constitution: Congress Debates the Missouri Crisis, 1819–1821. Edited by William S. Belko. Studies in Constitutional Democracy. (Columbia: University of Missouri Press, 2021. Pp. x, 225. $40.00, ISBN 978-0-8262-2228-2.) A Fire Bell in the Past: The Missouri Crisis at 200. Volume 1: Western Slavery, National Impasse. Edited by Jeffrey L. Pasley and John Craig Hammond. Studies in Constitutional Democracy. (Columbia: University of Missouri Press, 2021. Pp. xxvi, 414. $45.00, ISBN 978-0-8262-2231-2.) Two new books in the University of Missouri Press series Studies in Constitutional Democracy mark the recent bicentennial of the Missouri Compromise. Contesting the Constitution: Congress Debates the Missouri Crisis, 1819–1821, edited by William S. Belko, executive director of the Missouri Humanities Council, closely examines congressional debates over the settlement. A Fire Bell in the Past: The Missouri Crisis at 200, Volume 1: Western Slavery, National Impasse, edited by Jeffrey L. Pasley, a professor of history at the University of Missouri, and John Craig Hammond, an associate professor of history at Penn State University–New Kensington, explores the Missouri crisis in a context broader than the narrow congressional milieu in which it is usually studied. Between 1819 and 1821, a controversy over Missouri's admission to the Union deadlocked Congress. Antislavery restrictionists in the House of Representatives passed the Tallmadge Amendment, prohibiting Missouri's admission as a slave state, but proslavery antirestrictionists blocked the measure in the Senate. After a one-year deadlock, Congress admitted Missouri as a slave state. The settlement also provided that the remainder of the Louisiana Purchase north of latitude 36°30′ would be forever free of slavery. Later in 1820, controversy resurfaced when a clause in Missouri's state constitution banned free people of color from entering the state. A congressional resolution stating that the clause in question could not be used to violate the privileges and immunities clause of the federal Constitution resolved this second dispute, despite Missouri's continued refusal to admit free Black people. Each chapter of Contesting the Constitution perceptively analyzes how a specific clause in the U.S. Constitution was interpreted by restrictionists and antirestrictionists in the congressional debates over Missouri's bid for statehood. Christopher Childers's essay discusses how Missouri's ban on free Black people entering the state sparked a disagreement over the meaning of the privileges and immunities clause. Restrictionists argued that by denying free citizens of color access to the state, Missouri's constitution violated the clause in Article IV, Section 2, that states that "citizens of each state shall be entitled to all privileges and immunities of citizens of the several states" (Belko, p. 31). Antirestrictionists countered that Missouri's constitution did not violate the federal Constitution because Black people were not in fact U.S. citizens. A chapter by John Eastman (who supported Donald Trump's effort to overturn the 2020 presidential election) examines the debate over the guarantee clause. Restrictionists insisted that Article IV, Section 4, of the Constitution, which guarantees "to every State in this Union a Republican Form of Government," required Congress to deny Missouri's admission to the Union as a [End Page 763] slave state, because slavery clearly violated the principles of republicanism (Belko, p. 51). Antirestrictionists answered that the treaty between the United States and France creating the Louisiana Territory ensured that new states carved out of that territory must enter the Union on the same terms as the original states, including the option to have slavery. Chapter 8, one of three chapters by William S. Belko, illustrates how restrictionists refuted this claim by maintaining that the president and the Senate could not use a treaty to usurp the power of Congress to regulate the territories and admit new states. As John R. Van Atta's essay demonstrates, southern states vigorously denied that Congress possessed the power to prohibit slavery in new states (as opposed to in...

Remarks on gapless relative clauses and complement clauses in Mandarin Chinese

Abstract This paper makes remarks on the syntactic status of Gapless Relative Clauses (GRCs) in Mandarin Chinese and shows that the arguments for their complement status are not supported by the facts in Mandarin Chinese, as almost all the arguments for the complement clause analysis of GRCs, as presented in Huang (2016), could be argued to be evidence for the relative clause (RC) analysis of GRCs. The following RC recoverability hierarchy, Argument RC > Adjunct RC > GRC, is proposed to explain the contrasts discussed in Huang (2016) and this paper, and the relevant facts and differences could be accounted for if one assumes that the RCs further to the right in the hierarchy above are more difficult to be recovered than the RCs further to the left in the above hierarchy and should thus occur closer to the head noun. This paper demonstrates that GRCs are really RCs licensed by a covert semantic variable, and suggests that the gapless requirement on complement clauses be replaced by the following two conditions: (a) no syntactic gap or semantic variable exists in the relevant clause that is related to the head noun in question and (b) a semantic condition, to be specified in this paper, is necessary on the relationship between the clause in question and the modified head noun.

Obowiązek działania zgodnie z kontraktem, w duchu wzajemnego zaufania oraz współpracy. Klauzula 10.1 NEC w świetle prawa polskiego

An obligation to act in accordance with a contract, in a spirit of mutual trust and business cooperation. Clause 10.1 of NEC in the light of Polish law This article presents the characteristics of the NEC contracts and an examination of clause 10.1 contained in such contracts. As these publications, as well as the competing FIDIC Conditions of Contract, originate from the Anglo-Saxon legal culture, the article provides a detailed analysis of clause 10.1 of the NECs, which introduces general rules of conduct for the participants with reference to Polish law. The aforementioned clause imposes an obligation on the parties to act in accordance with the contract, in the spirit of mutual trust and business cooperation. The analysis of the concepts present in the clause in question and of the Polish legal doctrine has produced the conclusion that expressing such a standard of conduct explicitly in the NEC template is not needed in Polish jurisdiction due to the correspondence of these rules of conduct with the values and princi-ples governing the national legal system.

Trusts and jurisdiction clauses—Crociani revisited Ivanishvili, Bidzina and others v Credit Suisse Trust Ltd [2020] SGCA 62

Abstract In the recent Singapore Court of Appeal decision of Ivanishvili, Bidzina and others v Credit Suisse Trust Ltd, the court analysed the effect of a forum administration clause in the trust context, holding that while the clause in question was a jurisdiction clause, it was not an exclusive jurisdiction clause governing the dispute between the trustees and beneficiaries.

Murābaḥah Penalty Clause is Ribā in Disguise! The Penalty Clause Questions the Deep-rooted Preference for Literal Interpretation over Substantial Interpretation of Ribā

Abstract Following the literal interpretation of ribā, jurists have agreed that muḍārabah and mušārakah are legitimate modes of financing. As both arrangements are highly risky to manage in practice, murābaḥah has been introduced as an alternate mode of financing. Despite its extraordinary success, murābaḥah has led to moral hazard in the form of frequent delays in payments and defaults for which Islamic scholars have introduced a penalty clause as discouragement. Examination of the murābaḥah penalty clause instrument suggests that it is ribā, prohibited when interpreted literally. Moreover, the penalty clause has never been enforced in Pakistani courts. This article suggests that the literal interpretation based on the objectives of Sharīʿah (substantial interpretation) will prevent loopholes such as the abuse of the murābaḥah instrument and consequently the penalty clause as well and will lead to substantial compliance with the principles of Islamic finance.

Diploma Privilege and the Constitution

The COVID-19 pandemic and resulting shutdowns are affecting every aspect of society. The legal profession and the justice system have been profoundly disrupted at precisely the time when there is an unprecedented need for legal services to deal with a host of legal issues generated by the pandemic, including disaster relief, health law, insurance, labor law, criminal justice, domestic violence, and civil rights. The need for lawyers to address these issues is great but the prospect of licensing new lawyers is challenging due to the serious health consequences of administering the bar examination during the pandemic. State Supreme Courts are actively considering alternative paths to licensure. One such alternative is the diploma privilege, a path to licensure currently used only in Wisconsin. Wisconsin’s privilege, limited to graduates of its two in-state schools, has triggered constitutional challenges never fully resolved by the lower courts. As states consider emergency diploma privileges to address the pandemic, they will face these unresolved constitutional issues. This Article explores those constitutional challenges and concludes that a diploma privilege limited to graduates of in-state schools raises serious Dormant Commerce Clause questions that will require the state to tie the privilege to the particular competencies in-state students develop and avenues they have to demonstrate those competencies to the state’s practicing bar over three years. Meeting that standard will be particularly difficult if a state adopts an in-state privilege on an emergency basis. States should consider other options, including privileges that do not prefer in-state schools. The analysis is important both for states considering emergency measures and for those that might restructure their licensing after the pandemic.

Stuck between a rock and a hard place: firewall and forum clauses—what protection is available when foreign courts seek to intervene‡

Abstract Trustees can all too easily find themselves caught up in litigation in another jurisdiction given the increasingly international nature of offshore trusts. The firewall regime and forum for administration clauses within deeds, when robustly applied and upheld by the Courts, are the key to ensuring questions concerning a trust are dealt with by the courts of its home jurisdiction. Being joined to foreign proceedings can result in trustees being caught up in a clash of laws and processes and potentially facing conflicting orders and obligations, but in a recent Cayman Islands decision, where a trustee had found itself in such an invidious position, the Grand Court of the Cayman Islands confirmed that all questions concerning a Cayman trust are to be determined in accordance with Cayman law and further held, importantly, that the forum for administration clause in question, together with the firewall, bestowed upon the Cayman Court exclusive jurisdiction to determine questions concerning the administration of a Cayman trust. The Cayman Court was also prepared, by way of a novel and practical approach in comity, to facilitate a mechanism whereby questions concerning a Cayman trust arising in the foreign proceedings be dealt with by the Cayman Court: by offering to act as an auxiliary court.

God Is My Roommate? Tax Exemptions for Parsonages Yesterday, Today, and (if Constitutional) Tomorrow

In 2019, the Seventh Circuit decided an Establishment Clause question that had been percolating through the courts for two decades. It held that the parsonage allowance, which permits “ministers of the gospel” to receive an untaxed housing allowance, does not violate the Establishment Clause of the Constitution. It grounded its conclusion in part on the “historical significance” test the Supreme Court established in its Town of Greece v. Galloway decision. In coming to that conclusion, the Seventh Circuit cited a 200-year unbroken history of property tax exemptions for religious property. According to the Seventh Circuit, that history demonstrated that both the Founders and subsequent generations of Americans recognized that there was no constitutional problem with exempting parsonages. The court’s historical significance analysis was fundamentally flawed, however. Had the court actually engaged with this history, rather than made the conclusory assertion of consistent and uncontroversial exemption, it would have seen at least two things that complicated its facile conclusion. Significantly, in treating the history of religious property tax exemptions as unbroken and consistent, the court elides the actual history, which was messy and varied. The actual history provides no support for the proposition that the Framers and those who followed viewed property tax exemptions as constitutional. Even if the history were as clean as the Seventh Circuit portrayed it, that history would have been irrelevant to the question of the constitutionality of the parsonage allowance. The Supreme Court did not incorporate the Establishment Clause against the states until 1947, so states faced no Establishment Clause bar to exempting for religious property. And the federal government only made four attempts at taxing property, none of which expressly exempted religious property. In this Article, I explore the historical and current tax exemptions for parsonages, and trace how states arrived at their current exemptions. Ultimately, I conclude that the historical significance test, as applied by the Seventh Circuit, does not support the constitutionality of the parsonage allowance. I further conclude that, given its complexity and the fact that attorneys and judges tend to be poor historians, the historical significance test is not well suited as a jurisprudential tool for analyzing Establishment Clause questions, and that courts should not adopt it.

Discourse particles in early English: Clause structure, pragmatics and discourse management

This article presents a case study on the shifting interaction between clause structure, information structure and discourse organisation in the history of English, as evidenced by the development from Old to Middle English of what we will call discourse particles: discourse-cohesive devices grammaticalised from adverbs. These include the Old English elements þa, þonne, nu, when used in a clause-internal position.We will show that these discourse particles have the following properties: 1) pragmatically: they express the response of the speaker to the context/common ground shared by speaker and hearer, and thus play a pivotal role in common ground management; 2) relation to clause type: the pragmatic meanings of discourse particles are co-determined by the illocutionary force of the clause types in which they occur, including main clause questions, imperatives, hwæt exclamatives, and correlative subclauses; 3) syntactically and information structurally: discourse particles occur in a fixed position in the clause that separates discourse-given from discourse-new information. Discourse particles thus form a subtle lynchpin between pragmatics, discourse management and clause structure.Some particles were lost in the transition to Middle English, but then and now continued to be attested in questions and imperatives, in the same clause-internal position as in OE. Towards the end of the ME period, we see a positional shift to clause-final position, though maintaining the discourse linking character of the particle. This change is due to a syntactic change tightening the use of strict SVO word order and narrowing the use of clause-medial material.

Determination of the work resource of synthetic filters for oil diesel systems

In clause questions which are connected with an opportunity of use of synthetic filtering elements in oil systems of diesel locomotives, and also by definition of their resource of work in operation are considered. It is analyzed domestic and foreign researches on use in filtering systems of new porous materials. Thus it is established, that use of such materials causes a lot of problems which are connected with a complex, chaotic arrangement times spaces and in most cases impossibility of application for their calculation of classical approaches by definition of the basic hydraulic characteristics. On the basis of experimental researches on application in oil systems of diesel locomotives as filters of thin clearing oil and positive results the basic directions of further use and necessity of development of theoretical questions which allow receiving the basic characteristics of these units and dynamics of change of their parameters in operation are certain. The method of modeling and forecasting of a resource of work synthetic filters on the basis of plural regress is offered to model which considers the parametrical dependences received as a result of carrying out of operational tests. Calculations are executed and predicted values of a resource of work of synthetic filters which show in two-rub times an opportunity of increase in run of a diesel locomotive without their replacement are received.

Implicational Complement Coordination and beyond: Towards a coherent theory of asymmetric coordination in German

AbstractA certain class of predicates in German optionally allows for their complement clause to appear as coordinated with the matrix clause rather than embedded into it. This construction, which I will call Implicational Complement Coordination, exhibits all the hallmark properties of Asymmetric Coordination: Despite technically being in a conjunct position, the clause in question behaves like a subordinate clause with respect to asymmetric binding, asymmetric scope of negation and adverbs as well as asymmetric extraction. Based on the detailed description of the phenomenon by Reis (1993), it can be shown that this coordinate construction mimics its infinitival counterpart with respect to these syntactic tests. In this paper, I argue that this can be accounted for by saying that the coordinate construction is derived on the basis of its subordinate counterpart by means of movement. The subordinate properties of the second conjunct then derive from its derivational history as a subordinate clause. Further, I will show that even though other cases of Asymmetric Coordination (in German) lack a minimally different infinitival counterpart, they can and should still be derived from an underlyingly subordinate syntax.

Arbitration of Corporate Law Disputes in Joint Stock Companies under Turkish Law: A Comparative Analysis

This study addresses the arbitrability of corporate law disputes and the validity of arbitration clauses stipulated in the articles of association (AoA) of joint stock companies, and compares Turkish law with German and Swiss jurisdictions in particular. While corporate law disputes are considered arbitrable, disputes concerning invalidity of corporate decisions and actions for dissolution are heavily debated. The paper argues that both types of disputes are arbitrable, albeit judicial dissolution requests accommodate practical hurdles. It is also argued that arbitral awards should be granted the erga omnes effect, as long as the interested third parties are provided with the necessary procedural protection. Furthermore, arbitration clauses can be validly stipulated in the AoA of privately held joint stock companies. However, the binding effect of the arbitration clause in question depends on its legal nature, namely, korporative or formell. Addressing this issue, the paper proposes to adopt a two-step test. Finally, it suggests practicable legislative recommendations and a model arbitration clause in order to enable and facilitate arbitration in corporate law disputes.

Whitlock v Moree [2017] UKPC 44

This note discusses the advice of the Privy Council in Whitlock v Moree [2017] UKPC 44, an appeal about beneficial interests in a joint bank account. It argues that the majority fell into error in construing the clause in question too broadly, such that the survivor took beneficially. Clauses in banking contracts should be construed strictly, and there is a presumption that standard form contracts do not dictate beneficial interests in the absence of explicit words.

Is There Any Silver Lining to Trinity Lutheran Church, Inc. v. Comer?

Trinity Lutheran Church, Inc. v. Comer is a significant setback for a strong separation of church and state. Missouri denied a playground grant to Trinity Lutheran because of a state constitutional provision that bans financial aid to churches. The church sued. The Supreme Court held not only that the Establishment Clause allowed the government to give taxpayer money to Trinity Lutheran, but that the Free Exercise Clause required it. The decision's many flaws are not the focus of this short Essay. Instead, this Essay dissects the Supreme Court's reasoning in order to apply it to current controversies in related areas of law. Part I examines the Court's analysis of the harms of express exclusion to religious exercise, deemed harmful in itself and for the coercive pressure it exerts. Part II applies that reasoning to Establishment Clause questions involving express exclusions (e.g., the parsonage exemption) or coercion (e.g., legislative praters). Part III considers how the Trinity Lutheran Court's arguments play out in equal protection, particularly the case of denying service to LGBTQ customers. In short, this Essay is an attempt to find the silver lining of Trinity Lutheran Church, Inc. v. Comer.

MODEL OF AN ESTIMATION OF A RESOURCE OF TRACTION TRANSFER OF A MOTOR CARLOAD ROLLING STOCK

In clause questions of definition of a resource of the wheel motor block traction transfer of a motorcarload rolling stock are considered. Problems of forecasting of a technical condition of responsible units oftraction transfer are certain. The model of deterioration in which the periods extra earnings are allocated,normal operation, intensive deterioration and prolongation of service life of the wheel motor block of amotor carload rolling stock is formalized for weigh his life cycle. For each allocated period meetingdependences of speed and intensity of deterioration are offered. According to dependences calculations arelead and analytical expressions of wear of points of cog-wheels of power reducing of traction transfer whichallow to predict his resource in operation are received.

Roman Optimism Before Cannae: The Vow of the Ver Sacrum (Livy 22.10)

This article examines the consequences of Justus Lipsius’ emendation of Livy 22.10.6, the final sentence of the ver sacrum vowed after the Roman defeat at Lake Trasimene in 217 bce. After a brief discussion of the historical context of the vow, we turn to the text as transmitted by the earliest manuscript, the fifth-century Codex Puteanus. Lipsius rendered the mss. anteidea as antidea, a hapax legomenon. Subsequent editors experimented with a range of other changes in order to facilitate a particular understanding of the clause in question, and this process has had a lasting impact on translations and interpretations of the vow. If we dispense with the historical expectations that complicated the text in the first place, the importance of Lipsius’ antidea becomes both simple and clear: in 217, the harsh antithesis between rash and prudent commanders had yet to be articulated, and the collectivity of the Senate and Roman people looked forward to a swift end for the Hannibalic War.