Convention to Copyright

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CONVENTION COOPER, THOMAS (1805-1892)

CONVENTION, THE NATIONAL COOPER, THOMAS SIDNEY

CONVERSANO COOPERAGE (system of traffic)

CONVERSION COOPERAGE (making casks & vessels)

CONVEX CO-OPERATION

CONVEYANCE COOPERSTOWN

CONVEYANCING COOPER UNION

CONVEYORS CO-OPTATION

CONVOCATION COORG

CONVOLVULACEAE COORNHERT, DIRCK VOLCKERTSZOON

CONVOY COOT

CONVULSIONS COOTE, SIR EYRE

CONWAY, HENRY SEYMOUR COPAIBA

CONWAY, HUGH COPAL

CONWAY, MONCURE DANIEL COPALITE

CONWAY, SIR WILLIAM MARTIN COPAN

CONWAY (borough of England) COPARCENARY

CONYBEARE, WILLIAM DANIEL COPE, EDWARD DRINKER

CONYBEARE, WILLIAM JOHN COPE, EDWARD MEREDITH

COODE, SIR JOHN COPE (liturgical vestment)

COOK, ALBERT STANBURROUGH COPELAND, HENRY

COOK, EDWARD DUTTON COPENHAGEN

COOK, ELIZA COPERNICUS, NICOLAUS

COOK, JAMES COPIAPO

COOK, THOMAS COPING

COOK ISLANDS COPLAND, ROBERT

COOKE, GEORGE FREDERICK COPLESTON, EDWARD

COOKE, JAY COPLEY, JOHN SINGLETON

COOKE, ROSE TERRY COPPEE, FRANCOIS EDOUARD JOACHIM

COOKERY COPPEE, HENRY

COOKSTOWN COPPER

COOKTOWN COPPERAS

COOKWORTHY, WILLIAM COPPER-GLANCE

COOLGARDIE COPPERHEADS

COOLIE COPPERMINE

COOMA COPPER-PYRITES

COOPER, ABRAHAM COPPICE

COOPER, ALEXANDER COPRA

COOPER, SIR ASTLEY PASTON COPROLITES

COOPER, CHARLES HENRY COPTOS

COOPER, JAMES FENIMORE COPTS

COOPER, PETER COPYHOLD

COOPER, SAMUEL COPYING MACHINES

COOPER, THOMAS (1517-1594) COPYRIGHT

COOPER, THOMAS (1759-1840)

CONVENTION (Lat. _conventio_, an assembly or agreement, from

_convenire_, to come together), a meeting or assembly; an agreement

between parties; a general agreement on which is based some custom,

institution, rule of behaviour or taste, or canon of art; hence extended

to the abuse of such an agreement, whereby the rules based upon it

become lifeless and artificial. The word is of some interest

historically and politically. It is used of an assembly of the

representatives of a nation, state or party, and is particularly

contrasted with the formal meetings of a legislature. It is thus applied

to those parliaments in English history which, owing to the abeyance of

the crown, have assembled without the formal summons of the sovereign;

in 1660 a convention parliament restored Charles II. to the throne, and

in 1689 the Houses of Commons and Lords were summoned informally to a

convention by William, prince of Orange, as were the Estates of

Scotland, and declared the throne abdicated by James II. and settled the

disposition of the realm. Similarly, the assembly which ruled France

from September 1792 to October 1795 was known as the National Convention

(see below); the statutory assembly of delegates which framed the

constitution of the United States of America in 1787 was called the

Constitutional Convention; and the various American state constitutions

have been drafted and sometimes revised by constitutional conventions.

In the party system of the United States the nomination of party

candidates for office or election is in the hands of delegates, chosen

by the primaries, meeting in the convention of the party; the convention

system is universal, from the national conventions of the Republican and

Democratic parties, which nominate the candidates for the presidency and

vice-presidency, down to a ward convention, which nominates the

candidate for a town-councillorship. In diplomacy, "convention" is a

general name given to international agreements other than treaties, but

not necessarily differing either in form or subject-matter from a

treaty, and sometimes used quite widely of all forms of such agreements.

Many conventions have been made for the formation of international

"unions" to regulate and protect various economic, industrial and other

non-political interests, such as postal and telegraphic services,

trade-marks, patents, copyright, quarantine, &c. Thus the Latin Monetary

Union was created in 1865 by the Convention of Paris, and the abolition

of bounties on the production and exportation of sugar by the Convention

of Brussels in 1902 (see TREATIES).

CONVENTION, THE NATIONAL, in France, the constitutional and legislative

assembly which sat from the 20th of September 1792 to the 26th of

October 1795 (the 4th of Brumaire of the year IV.). On the 10th of

August 1792, when the populace of Paris stormed the Tuileries and

demanded the abolition of the monarchy, the Legislative Assembly decreed

the provisional suspension of the king and the convocation of a national

convention which should draw up a constitution. At the same time it was

decided that the deputies to that convention should be elected by all

Frenchmen 25 years old, domiciled for a year and living by the product

of their labour. The National Convention was therefore the first French

assembly elected by universal suffrage, without distinctions of class.

The age limit of the electors was further lowered to 21, and that of

eligibility was fixed at 25 years.

The first session was held on the 20th of September 1792. The next day

royalty was abolished, and on the 22nd it was decided that all documents

should be henceforth dated from the year I. of the French Republic. The

Convention was destined to last for three years. The country was at war,

and it seemed best to postpone the new constitution until peace should

be concluded. At the same time as the Convention prolonged its powers it

extended them considerably in order to meet the pressing dangers which

menaced the Republic. Though a legislative assembly, it took over the

executive power, entrusting it to its own members. This "confusion of

powers," which was contrary to the philosophical theories--those of

Montesquieu especially--which had inspired the Revolution at first, was

one of the essential characteristics of the Convention. The series of

exceptional measures by which that confusion of powers was created

constitutes the "Revolutionary government" in the strict sense of the

word, a government which was principally in vigour during the period

called "the Terror." It is thus necessary to distinguish, in the work of

the Convention, the temporary expedients from measures intended to be

permanent.

The Convention held its first session in a hall of the Tuileries, then

it sat in the hall of _Manege_, and finally from the 10th of May 1793 in

that of the _Spectacles_ (or _Machines_), an immense hall in which the

deputies were but loosely scattered. This last hall had tribunes for the

public, which often influenced the debate by interruptions or applause.

The full number of deputies was 749, not counting 33 from the colonies,

of whom only a section arrived in Paris. Besides these, however, the

departments annexed from 1792 to 1795 were allowed to send deputations.

Many of the original deputies died or were exiled during the Convention,

but not all their places were filled by _suppleants_. Some of those

proscribed during the Terror returned after the 9th of Thermidor.

Finally, many members were sent away either to the departments or to the

armies, on missions which lasted sometimes for a considerable length of

time. For all these reasons it is difficult to find out the number of

deputies present at any given date, for votes by roll-call were rare. In

the Terror the number of those voting averaged only 250. The members of

the Convention were drawn from all classes of society, but the most

numerous were lawyers. Seventy-five members had sat in the Constituent

Assembly, 183 in the Legislative.

According to its own ruling, the Convention elected its president every

fortnight. He was eligible for re-election after the lapse of a

fortnight. Ordinarily the sessions were held in the morning, but evening

sessions were also frequent, often extending late into the night.

Sometimes in exceptional circumstances the Convention declared itself in

permanent session and sat for several days without interruption. For

both legislative and administrative purposes the Convention used

committees, with powers more or less widely extended and regulated by

successive laws. The most famous of these committees are those of Public

Safety, of General Security, of Education (_Comite de salut public_,

_Comite de surete generale_, _Comite de l'instruction_).

The work of the Convention was immense in all branches of public

affairs. To appreciate it without prejudice, one should recall that this

assembly saved France from a civil war and invasion, that it founded the

system of public education (_Museum_, _Ecole Polytechnique_, _Ecole

Normale Superieure_, _Ecole des Langues orientales_, _Conservatoire_),

created institutions of capital importance, like that of the _Grand

Livre de la Dette publique_, and definitely established the social and

political gains of the Revolution.

See FRENCH REVOLUTION; GIRONDISTS; MOUNTAIN; DANTON; ROBESPIERRE; MARAT,

&c.

BIBLIOGRAPHY.--The Convention published a _Proces-verbal_ of its

sessions, which, although lacking the value of those published by

assemblies to-day, is an official document of capital importance.

Copies of it are rare, however, and it has been too much neglected by

historians. See F. A. Aulard, _Recueil des actes du comite de Salut

Public avec la correspondance officielle des representants en mission,

et le registre du conseil executif provisoire_ (Paris, 1889 et seq.);

M. J. Guillaume, _Proces-verbaux du comite d'Instruction Publique de

la Convention Nationale_ (Paris, 1891-1904, 5 vols. 4to); F. A.

Aulard, _Histoire politique de la Revolution francaise_ (Paris, 1903);

Mortimer-Ternaux, _Histoire de la Terreur_ (1862-1881), a work based

on and comprising documents, but written with strong royalist bias;

Eugene Despois, _Le Vandalisme revolutionnaire_ (1868), for the

scientific work of the Convention. A detailed bibliography of the

documents relating to the Convention is given in the _Repertoire

general des sources manuscrites de l'histoire de Paris pendant la

Revolution francaise_, vol. viii. &c. (1908), edited by A. Tueley

under the auspices of the municipality of Paris. For a more summary

bibliography see M. Tourneux, _Bibliog. de l'histoire de Paris pendant

la Revolution francaise_, i. 89-95 (Paris, 1890). (R. A.*)

CONVERSANO, a town and episcopal see of Apulia, Italy, in the province

of Bari, 17 m. S.E. by rail from the town of Bari. Pop. (1901) 13,685.

It has a fine southern Romanesque cathedral of the end of the 11th

century, with a modernized interior, and a castle which from 1456

belonged to the Acquaviva family, dukes of Atri and counts of

Conversano. The convent of S. Benedetto is one of the earliest offshoots

of Montecassino. (See S. Simone, _Il Duomo di Conversano_, Trani, 1896).

Here, or in the vicinity, is the site of the unimportant ancient town of

Norba.

CONVERSION (Lat. _conversio_, from _convertere_, to turn or change), a

general term for the operation of converting, changing, or transposing;

used technically in special senses in logic, theology and law.

1. _In logic,_ conversion is one of three chief methods of immediate

inference by which a conclusion is obtained directly from a single

premise without the intervention of another premise or middle term. A

proposition is said to be "converted" when the subject and the predicate

change places; the original proposition is the "convertend," the new one

the "converse." The chief rule governing conversion is that no term

which was not _distributed_[1] in the convertend may be distributed in

the converse; nor may the quality of the proposition (affirmative or

negative) be changed. It follows that of the four possible forms of

propositions A, E, I and O (see article A), E and I can be converted

simply. If no A is B (E), it follows that no B is A; if some A is B, it

follows that some B is A. This form of conversion is called Simple

Conversion; E propositions convert into E, and I into I. On the other

hand, A cannot be converted simply. If all men are mortal, the most that

can follow by conversion is that some mortals are men. This is called

Conversion by Limitation or _Per Accidens_. Only if it be known from

external or non-logical sources that the predicate also is distributed

can there be simple conversion of a universal affirmative. Neither of

these forms of conversion can be applied to the particular negative

proposition O, which has to be dealt with under a secondary system of

conversion, as follows. The terminology by which these secondary

processes are described is not altogether satisfactory, and logicians

are not agreed as to the application of the terms. The following system

is perhaps the most commonly used. We have seen that the converse of

"all A is B" is "some B is A"; we can, in addition, derive from it

another, though purely formal, proposition "no A is not-B"; i.e. an E

proposition. This process is called Obversion, Permutation or Immediate

Inference by Privative Conception; it is applicable to every proposition

including O. A further process, known as Contraposition or Conversion by

Negation, consists of conversion following on obversion. Thus from "all

A is B," we get "no not-B is A." In the case of the O proposition we get

(by obversion) "some A is not-B" and then (by conversion) "some not-B is

A" (i.e. an I proposition). In the case of the I proposition the

contrapositive is impossible, as infringing the main rule of conversion.

Another term, Inversion, has been used by some logicians for a still

more complicated process by the alternative use of conversion and

obversion, which is applicable to A and E, and results in obtaining a

proposition concerning the contradictory of the original subject; thus

"all A is B" becomes "some not-A is not B."

Considerable discussion has centred on the problem as to whether the

process of conversion can properly be regarded as inference. The essence

of inference is that the conclusion should embody knowledge which is not

in the premise or premises, and many logicians have contended that no

fact is stated in the converse which was not in the convertend, or, in

other words, that conversion is merely a transformation or verbal change

of the same statement. Hence the term Eductions and Equivalent

Propositional Forms have been given to converse propositions. It is

clear, for instance, that if the universal affirmative is taken

connotatively as a scientific law, and not historically, no real

inference is achieved by stating as another scientific fact its

converse, the particular affirmative. Moreover, even if the convertend

is stated as an historic fact, though there is acquired a certain new

significance, it may well be argued that the inference is not immediate

but syllogistic.

For this controversy see J. S. Mill, _Logic_, II. i. 2; Bradley,

_Logic_, III. pt. i. chap. ii. 30-37; H. W. B. Joseph, _Introduction

to Logic_ (1906), pp. 209 foll.; J. N. Keynes, _Formal Logic_ (3rd

ed., 1894).

2. _In theology_, conversion (the equivalent of the Gr. [Greek:

strephein, epistrephein]) is originally the acceptation of Christianity

by heathens. It is also used generally for a change from one religion to

another, or in a narrower sense for a complete change of attitude

towards God, involving a deeper conviction of the ultimate religious and

moral truths. Considerable difference of opinion has always existed, and

still exists, within the Christian Church as to the true nature and the

causes of conversion, especially in the sense last described. Some have

held that man is merely the passive recipient of the Divine Grace, a

view based largely on the rendering of the Authorized Version of Isaiah

vi. 10 as quoted in Matt. xiii. 15, Mark iv. 12, and John xii. 40.

Others again hold that baptism, as involving a second birth of the

baptized person, makes subsequent conversion unnecessary or even

meaningless, or conversely that conversion is this very second birth and

renders baptism unnecessary. The reply generally made to such arguments

is that baptism implies regeneration only, which is a change wrought

from the outside by the Divine Spirit in general disposition or

spiritual status, while conversion is a positive or concrete

demonstration of that change, not merely the negative beginning of a new

life but the positive "returning" to God in faith and repentance. The

precise connexion between conversion and repentance is again a vexed

question. How far and in what sense does man take an active part in his

own conversion? To this it is frequently answered that while the initial

stage of conversion is and can be the work of the Holy Spirit alone, it

lies with man to make it complete by accepting the proffered grace in

repentance and faith (cf. Acts vii. 51, "Ye stiffnecked and

uncircumcised in heart and ears, ye do always resist the Holy Ghost"). A

man may of his own free will avoid those surroundings which predispose

him to such "resistance." The view that man cannot convert himself is

clearly stated in Article X. by the Church of England. "The condition of

man after the fall of Adam is such that he cannot turn (_sese

convertere_) and prepare himself by his own natural strength and good

works, to faith, and calling upon God: wherefore we have no power to do

good works pleasant and acceptable to God, without the grace of God by

Christ preventing us that we may have a good will, and working with us,

when we have that good will." Further problems are connected with the

possibility of repeated conversions of the same man, the necessity of a

single strongly marked conversion completed in a single process, the

significance of sudden conversion of persons in a highly emotional

state, such as has been common in revivalist meetings, especially in

Wales and the United States of America. Conversions of the last kind

have followed frequently on striking physical phenomena, perceived in

many cases only by the convert himself, such as a sudden bright light or

a noise like a clap of thunder.[2] In all cases of conversion, however,

the criterion of its validity is generally taken to be the resultant

change of a man's character as manifested in his mode of life and

thought, in the abstention from sin, and in devotion to good works. (X.)

3. _In English law_, conversion is the unauthorized exercise of dominion

by one person over the property (other than money or chattels real) of

another, in a manner inconsistent with his rights of possession, or the

unauthorized assumption by another of the powers of the true owner of

goods. The history and exact definition of this form of actionable wrong

have occupied the attention of many learned writers, and the incidents

of actions to assert the rights of the true owner form a considerable

part of treatises on the rules and forms of civil pleading. There are

many ways in which the wrong may be committed. In some cases the

exercise of the dominion may amount to an act of trespass or to a crime,

e.g. where the taking amounts to larceny, or fraudulent appropriation by

a bailee or agent entrusted with the property of another (Larceny Acts

of 1861 and 1901). But in such cases, except where money is taken, the

civil remedy of the owner is by action for conversion or detention of

the property, subject in the case of larceny to the rule that criminal

prosecution should precede restitution by the taker. The remedy in use

in these cases used to be by what was called an action on the case for

trover and conversion, the plaintiff putting aside all suggestions of

trespass and of crime, and resting his case on the fiction that the

defendant had found and used goods not his own. The fictitious averment

of loss was abolished in 1852, and under the present procedure, in which

the old forms of action are not in use, the remedy is by a claim (still

usually called conversion) for wrongfully depriving the true owner of

personal property of its use by some specified act inconsistent with his

dominion over it, usually by dealing with the property in a manner

inconsistent with the owner's rights. Originally, the action of trover

and conversion was limited to goods and chattels, but it is now accepted

as applying to valuable securities, such as cheques and bills of

exchange.

The gist of the action is in the unauthorized dealing, for however short

a time and for however limited a purpose, with the personal property of

another. Even refusal to deliver up to the owner is sufficient to prove

conversion, though it is often made the ground of an action for

detinue, if the plaintiff desires to have the property returned in

specie. The knowledge, motive or good faith of the person wrongfully

dealing with the property of another is for civil purposes immaterial,

and the action is often brought to try the title of two claimants to the

same goods; e.g. where a person who has innocently bought or taken in

pledge goods stolen or illegally procured resists the claim of the

original owner for the return of the goods. A warehouseman may render

himself liable to the owner of goods deposited with him, through

delivering the goods to a third person on a forged authority or without

authority, or by issuing a warehouse receipt representing the goods to

be in his possession or control when they have ceased to be so.

The exact measure of compensation due to a plaintiff whose goods have

been wrongfully converted may be merely nominal if the wrong is

technical and the defendant can return the goods; it may be limited to

the actual damage where the goods can be returned, but the wrong is

substantial; but in ordinary cases it is the full value to the owner of

the goods of which he has been deprived.

Fraudulent conversion by any person to his own use (or that of persons

other than the owner) of property entrusted to him is a crime in the

case of custodians of property, factors, trustees under express trusts

in writing (Larceny Act, 1861, ss. 77-85; Larceny Act, 1901).

The law of Ireland, of most British possessions, and of the United

States, follows that of England as to the civil or criminal remedies for

conversion.

The term "conversion" is also used in English law with reference to the

rule of courts of equity which, in certain cases (following the maxim of

treating as done what ought to have been done), treats as converted into

personalty land which has been directed so to be converted by a will,

contract or settlement, or as converted into land personalty which has

been by such instrument directed to be applied for purchase of realty.

The rule is also applied where a vendor of land dies between the making

of the contract of sale and its completion by conveyance of the land.

The importance of the rule lies in the different destination of realty

and personalty under the laws relating to inheritance and succession.

See Bullen and Leake, _Precedents of Pleading_ (3rd ed., 1868, 6th ed.

by Dodd and Chitty, 1905); F. Pollock, on _Torts_ (7th ed., 1904);

Clerk and Lindsell, on _Torts_ (3rd ed., 1904); Lewin, on _Trusts_

(11th ed., 1904); Jarman, on _Wills_ (5th ed., 1893); Dart, _Vendors

and Purchasers_ (11th ed., p. 301). (W. F. C.)

Encyclopaedia Britannica, 11th Edition, "Convention" to "Copyright" Volume 7, Slice 3 · 第 4 / 21 题