bluuebunny/crossref_metadata_2025 huggingface dataset:
European Public Procurement Law and Equality Linkages: Government as Consumer, Government as Regulator
Authors: McCrudden Christopher
Published: January 2009

Chapter 16 discussed three fundamental aspects of Community law relating to procurement: the importance of equal treatment as a basis of both EC status equality and procurement law, the overall limits to the procurement directives provided by the Treaty, and the importance of the subject matter of the contract. This chapter examines the detailed provisions of the directives. The first section of the chapter considers the implementation of the directives where equal status is part of the subject matter of the contract. In this context, government is acting as a consumer, buying social justice. The second section considers various provisions of the directives that permit procurement linkages irrespective of whether equal status is part of the subject matter of the contract. In this context, government is acting as a regulator, requiring social justice.
Reconciling Social and Economic Approaches to Public Procurement
Authors: McCrudden Christopher
Published: January 2009

This chapter brings together information on the empirical effects of domestic procurement linkages in those jurisdictions considered in the earlier parts of the book: the United States, Malaysia, Canada, South Africa, and the EC. It shows that in some jurisdictions, particularly Canada and the United States, there have been sustained attempts to identify the effects of different types of procurement linkages, but that in many jurisdictions there has been relatively little empirical research conducted, thus rendering judgments of proportionality more difficult in the interpretative legal context, as well as reducing the extent to which public policy decisions on whether or not to adopt procurement linkages can be evidence-based. The chapter also reflects on the main themes of the book and presents some conclusions.
Protection of Rights: How Far?
Authors: Prechal Sacha
Published: January 2009

This chapter examines the protection of rights in EC law. It begins by briefly sketching the context of the debate about rights. It then addresses the protective scope of relevant provisions. It is shown that Community law is still in search of a coherent and clear approach to the role and range of the protective scope of the rules concerned. Finally, the chapter reflects on how this debate could or should evolve in the future, and how legal scholarship could contribute to this.
Stability and Flexibility in Administrative Decision Making: The Community Law Influence on Discretion with Respect to Administrative Decisions in German Law
Authors: Ruffert Matthias
Published: January 2009

This chapter examines administrative law in Germany. It begins with a discussion of the so-called Europeanization of administrative law. It then discusses how stability and flexibility in administrative decision making under German administrative law are influenced by different approaches in European Community law. Unifying tendencies are considered but remaining or even newly occurring divergence at the conceptual level is also highlighted.
Who's Afraid of Degrees of Truth?
Authors: Smith Nicholas J. J.
Published: January 2009

This chapter considers objections to the fuzzy view of vagueness in particular, and to degree-theoretic treatments of vagueness in general. These objections are that the very idea of truth coming in degrees is in some way confused or mistaken; that fuzzy theory involves an objectionable violation of classical logic; that degrees of truth cannot be integrated with key developments elsewhere in philosophy of language, outside the study of vagueness; that degree theories which treat the logical connectives as truth functions cannot account for ordinary usage of, and/or intuitions about the truth and/or assertibility of, compound sentences about borderline cases; and that denying bivalence leads to contradiction.
Worldly Vagueness and Semantic Indeterminacy
Authors: Smith Nicholas J. J.
Published: January 2009

This chapter continues the examination begun in the previous chapter of objections to the fuzzy view of vagueness in particular, and to degree theoretic treatments of vagueness in general. It covers the major remaining objections to the fuzzy view: the problems of artificial precision and sharp boundaries. In response, a new version of the fuzzy view is proposed, called fuzzy plurivaluationism, which combines fuzzy models with semantic indeterminacy of the sort involved in plurivaluationism. The chapter concludes that fuzzy plurivaluationism is the correct theory of vagueness, on the grounds that, first, it is a degree theory — and so satisfies the positive requirement on a theory of vagueness — and, second, it withstands all known objections to degree theories.
Conclusion
Authors: Smith Nicholas J. J.
Published: January 2009

This chapter presents a synthesis of discussions in the preceding chapters. It retraces one key line of thought, and shows how it leads to the positive view that has been presented and defended: fuzzy plurivaluationism.
Employment Services as a Public Service
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola
Published: January 2009

This chapter provides a historical and comparative examination of employment services in the light of their ‘public service’ nature and vocation as developed through the 20th century. It also provides a reasoned taxonomy of the various activities and functions performed by public employment services in Europe, and in particular of job-intermediation, unemployment benefit management, skills formation, the provision of active labour market policies, and the management of ‘making work pay’ initiatives. This is followed by an analysis of the various modes by which PES have been providing their services, ranging from public monopoly arrangements to public-private coexistence systems, to market and quasi-market systems. It is argued that in recent years, and particularly with the demise of monopolistic regimes, the role of private employment services as providers of employment services has been bolstered just as the relevance of PES has progressively faced a decline and reconfiguration.
Making Work Pay and ‘Employment Friendly Wages’
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola
Published: January 2009

This chapter shifts the focus on a recently emerged, but already well established, activity performed by PES, that is to say the delivery of making work pay (MWP) policies. A key argument of the chapter is that these policies — whether in the form of working tax credits, subsidised personal work contracts, statutory minimum wages, or tax and social security rebates for employers hiring long term unemployed workers — have the dual function of rendering wages and labour costs more attractive for, respectively, unemployed workers and businesses. It is highlighted how the emergence of these policies is strictly intertwined with the development of more workfare oriented ALMPs, working as the carrot accompanying the stick provided by active labour market policies.
The FET Standard, Part of the Body of General International Law
Authors: Tudor Ioana
Published: January 2009

This chapter enquires whether the FET standard has acquired a customary character, and whether it is a general principle of law. On the first point, it argues that the FET standard is not part of the International Minimum Standard, but that it is an independent standard that has become customary, performing the two elements of theory, namely State practice and opinion juris. On the second point, the conclusion as to the FET being a general principle of law is more cautious. States that have only recently been active in the field of foreign investment have not all incorporated FET in their domestic systems, though FET content is already incorporated in the majority of domestic legislative systems. The chapter concludes that with time, FET will certainly confirm its character of a general principle of law.
The Concept of Standard and its Application to the FET
Authors: Tudor Ioana
Published: January 2009

This chapter is dedicated to the notion of standard, and to its application to the FET. The first part of the chapter offers a survey of the standard legal doctrine created in the 1920s, and offers a series of definitions of the standard from a variety of sources. It then argues that the standard is composed of two elements: an objective element formed by its normative character and a subjective element constituted by its application to concrete cases. These two elements are carefully analysed in the specific case of the FET, with specific references to the concepts of fairness, equity, and to the role of the arbitrator in the application of FET. Finally, the direct consequence of being a standard in the case of FET is that of its flexibility, lack of a fixed content, and the important role played by the arbitrator.
Objectivity and Value: Legal Arguments and the Fallibility of Judges
Authors: Guest Stephen
Published: January 2009

This chapter begins with a discussion of the nature of truth, the sociology and objectivity of value, moral judgements as skill, social practices and objectivity, and objectivity in law. It then analyses some recent comments made by Lord Bingham, the senior law lord and former Chief Justice of England, who claimed that there are no right answers to legal questions. It is argued that he, and others who share his view, are wrong. This is partly because they underestimate the vitality in the assumption that their ultimate judgements might be fallible, and because they do not sufficiently appreciate how legal argument is a different skill from rhetoric, where ‘being correct’ is of little, if any, importance.
Becoming a Civilian
Authors: Edele Mark
Published: January 2009

This chapter explores the fragility of veterans' networks in the immediate postwar decade and the alternatives to this continuation of the ‘frontline brotherhood’. Soon, the family, networks of friends and reciprocal exchange (blat), as well as patronage–clientage became more important in the struggle for survival than connections to frontline buddies. As many of these institutions were centred around women, and most veterans were men, the return to civilian life had a distinctly gendered dimension to it. The chapter also explores the role in the transition to civilian life of phenomena the regime would have preferred to decree out of existence. The second economy, for example, proved central to the overcoming of many material difficulties. Religion and religious communities remained central to civilian life, despite the long‐standing hostility of the Soviet state to such ‘obscurantism’. They took over important commemorative and welfare functions and eased the transition to civilian life.
Entitlement Community
Authors: Edele Mark
Published: January 2009

Like elsewhere, organized veterans were a minority among returned soldiers. The vast majority was not part of an organized veterans' movement and for most of the postwar years they did not have a special legal status. This chapter challenges the notion that, therefore, veterans did not exist as a group. Indeed, most veterans shared a sense of entitlement, an expectation of special treatment, which they voiced frequently ever since the war. This shared sense of entitlement triggered similar behaviour in particular situations which makes it possible to talk of Soviet veterans as an ‘entitlement community’. This chapter traces the history of entitlement and privilege of former soldiers from the 19th century to the end of the 20th.
Afterword
Authors: Edele Mark
Published: January 2009

The Afterword argues that the organized veterans were only the core of a movement, which was structured in concentric circles of decreasing commitment and lessening organizational connectedness. Among the core of the functionaries of the Soviet Committee of War Veterans rotated a circle of activists who were not officially members of the organization (there was no mass membership until the 1980s), but could be called upon to perform tasks when needed. They were surrounded, again, by other old soldiers, who were less active, but saw themselves as veterans and would display this self‐image at ritual occasions. Finally, the broad mass of war survivors were part of the movement, because their sense that wartime sacrifice gave them a right to a better life made them part of the entitlement community. The Afterword also sketches what happened to the veterans' movement after the breakdown of the Soviet Union.
4 Basic premises for policymaking
Authors: del Castillo Graciana
Published: January 2009

This chapter argues that a strategy for post-conflict economic reconstruction should rest on six basic premises. Although closely interrelated, these premises may have different implications for policymaking. Adherence to them would have greatly facilitated ‘peacebuilding’ and ‘state-building’ efforts and improved their chances of success. Premise 1 states that the transition to peace is a development-plus challenge because of the extra activities required. Premise 2 states that, should the objectives of peace and development come into conflict, the political objective should prevail at all times. Premise 3 states that lack of government legitimacy will limit policymaking choices in reconstruction. Premise 4 states that, given the primacy of the political objective, a different yardstick is necessary to measure success. Premise 5 states that the UN should lead reconstruction, although development and regional organizations should play a best-supporting role. Finally, Premise 6 states that the economic framework for reconstruction should be simple and flexible.
9 UN‐led reconstruction following US‐led military intervention: Afghanistan
Authors: del Castillo Graciana
Published: January 2009

Following US-led military intervention and regime change, Afghanistan's reconstruction, unlike Iraq's, was largely UN-led. The new government made executive decisions but was highly aid-dependent. By channeling aid outside control of the government, donors failed to strengthen and legitimize it. Efforts to eliminate poppy plantations without a viable economic alternative have increased conflict and strengthened the Taliban, rather than being a peace-supporting strategy. This chapter critically analyzes whether the reconstruction strategy in a country with such limited resources, weak institutions, and low capacity to absorb aid requires the sophisticated legal, institutional, and regulatory framework that the IFIs, USAID, and the US Treasury supported and helped design. Furthermore, with few exceptions, such framework largely ignored national preferences or cultural idiosyncrasies and was inflexible enough to detract from efforts at rehabilitation and social policies. These would have facilitated peace consolidation in the short run by improving the welfare of the population.
14 Macroeconomic policymaking
Authors: del Castillo Graciana
Published: January 2009

Ongoing economic policy debates at specific times have affected economic reconstruction in countries coming out of war, from the period following the two World Wars to the post-Cold War experiences. These debates have naturally influenced the way sovereign governments and the international community plan for reconstruction and have been a major determinant of the international assistance and the conditionality imposed by donors. The general policy debate and the particular constraints to policymaking in post-conflict contexts should affect policymaking in the macro- and microeconomic areas; the required institutional arrangements; the policy mix; and in particular, the role of the state and the markets in economic reconstruction. This chapter analyzes the debate, the policy choices, and the policy constraints, and focuses on the need for a minimalist macroeconomic framework. The choice between flexible and fixed exchange rates; monetary and fiscal policies; fiscal federalism; and the real and external sectors are also addressed.
Introduction
Authors: O'Connell Sean
Published: January 2009

This introductory chapter outlines the themes that the book addresses, situating them within the existing historiography on credit and debt. The central importance of neighbourhood networks and the personal relationships established by agents (often female) in working class borrowing is outlined. It explains how the 19th-century tallymen became identified with debt and the county courts. The strategies adopted subsequently by borrowers and creditors to chart their way through the moral maze that surrounded the issue of debt are delineated. The oral history aspect of research is outlined, explaining how the social memory surrounding the topic was probed. Borrowers and the businesses that provided credit sought to portray their actions within the norms of respectability. The gendered nature of working class money management and its place in social memory is probed. The use of business sources and the National Archives is related, as are changing historical attitudes towards consumer credit.
The moneylender unmasked
Authors: O'Connell Sean
Published: January 2009

This chapter examines parliamentary investigations of moneylending, explaining the often unintended consequences of legislation and offering insights for contemporary anti-debt debates. The Moneylenders Act 1900, aimed largely at the alleged misdemeanours of Jewish moneylenders, encouraged the registration of thousands of female lenders who provided small, expensive loans to female neighbours. Though labelled ‘she usurers’ by anti-debt campaigners, borrowers offered more ambivalent, less price-sensitive perspectives on their role in reciprocal networks. The gendered and localized nature of lending is explored via oral evidence gathered in Belfast. The Moneylenders Act 1927 increased registration fees and capped interest rates at 48%. Licensed lenders reduced markedly and the sector stagnated until the 1950s. However, numerous small-scale moneylenders retreated to the subterranean illegal market. Evidence from Glasgow suggests that violence against debtors increased as a result, although repayment was usually ensured via reliance on borrowers' sense of obligation or low level harassment.
Conclusion
Authors: O'Connell Sean
Published: January 2009

This chapter rejects the notion that low-income consumers were feckless. Such statements emanated from a model of the rational middle-class consumer and frequently made little sense in the context of the choices available to the working-classes. The extent to which low-income consumers demonstrated agency is highlighted. It is noted that the operational model of Victorian tallymen continues to work for modern doorstep moneylenders. This is despite recent accusations, by the New Economics Foundation, that their business was amongst the worst excesses of the free market. However, the Department and Trade and Industry concluded that their existence limited the scale of the illegal sector, which is much larger in France and Germany (where interest rate ceilings have prevented the development of a legal sub-prime sector). Different European approaches to sub-prime lending are discussed, as is the possibility of an effective not for profit mutual engagement with low-income borrowers.
Fidelity to Promises and the Peculiar Act of the Mind
Authors: Cohon Rachel
Published: January 2009

This chapter considers the artificial virtue of fidelity to promises and contracts. The problem with fidelity is that if we understand it as a natural rather than a conventionally created virtue, we have to pretend that the obligation of a promise is the result of some mysterious (and indeed impossible) mental act. It is argued that an analysis exactly parallel to the one that allows us to explain what Hume says about honesty explains his remarks about fidelity. It shows why the paradox arises about the ‘peculiar act of the mind’ in the case of fidelity to promises, and how Hume proposes to handle it. The solution emerges from understanding fidelity as another prosthetic virtue whose conventional status is covered up by our tendency to assimilate it to natural virtues.
Human Rights Transformed
Authors: Fredman FBA Sandra
Published: January 2009

This book moves beyond the artificial boundary between socio-economic and civil and political rights and instead focuses on the positive duties to which all rights give rise. Human rights have traditionally been understood as protecting individual freedom against intrusion by the State. This book argues that human rights are based on a far richer view of freedom, going beyond absence of coercion and focussing on the ability to exercise such freedom. This requires positive action to facilitate freedom, and substantive equality. It also recognizes the essentially social nature of human beings, and the crucial role of social interaction in advancing freedom. Drawing on political theory and social policy, as well as comparative experience from India, South Africa, the European Convention on Human Rights, the EU, US, Canada, and the UK, the book aims to create a theoretical and applied framework for understanding positive human rights duties. The first part focuses on creating an analytic framework for understanding positive duties. Chapter 1 aims to refashion the underlying values of liberty, equality and solidarity to yield the rich understanding of human rights argued for in this book. Chapter 2 focuses on the State, examining the role of positive human rights duties in furthering democracy, and in respect of globalization and privatization. Part II aims to fashion a democratic role for courts as well as examining alternative compliance methods, while Part III applies the analysis to specific rights, firstly equality, and then the traditional socio-economic rights to housing, education, and welfare.
Introduction
Authors: Fredman Sandra
Published: January 2009

This introductory chapter begins with a discussion of how human rights give rise to ‘negative’ duties of the State, preventing it from interfering with individuals, rather than requiring the State to take positive action. It then identifies some of the dichotomies arising from the distinction between duties of restraint and positive duties, focusing on socio-economic rights. It argues that infringements of basic socio-economic rights has been tolerated at a level which would never have been acceptable for breach of civil and political rights. An overview of the subsequent chapters is presented.
Kant's transcendentalism
Authors: Maddy Penelope
Published: January 2009

Kant provides the first example of a recurring methodological contrast that sets the Second Philosopher's approach into high relief. In his effort to explain the source of our a priori information about the world — that the world consists of causally interrelated spatiotemporal objects — he proposes that space, time, and the categories are cognitive functions that shape the matter of experience to form the empirical world. The Second Philosopher will naturally ask for his evidence that spatiotemporal objects aren't fully objective, to which Kant responds that for her empirical purposes they are; his idealism is transcendental. From a second-philosophical point of view, this is mystifying: over and above her empirical studies, there is another, transcendental inquiry, pursued for reasons that elude her (she doesn't believe geometry is a priori, for example, so she has no need to explain this) and with methods that aren't made clear, let alone convincingly defended (transcendental analysis). For Kant, there are two distinct levels of inquiry; for the Second Philosopher, there is only one.
Kant on logic
Authors: Maddy Penelope
Published: January 2009

For Kant, logical truth arises from the structure of the discursive intellect (i.e., an intellect that relates to objects indirectly, by means of concepts). Discursive cognition necessarily involves application of the categories, so we know a priori that the world as experienced by the discursive knower will consist of objects-with-properties standing in ground-consequent relations. This means that logical truths count as (roughly) analytic in Kant's famous dichotomy of analytic/synthetic, but the analytic truths involved aren't trivially definitional, but deep, contentful truths uncovered by delicate ‘exposition’ that's subject to error and often incomplete. Furthermore, just as the a priori truths of geometry are true only of the world as experienced by discursive cognizers with our spatiotemporal forms of intuition, likewise the a priori truths of logic are true only of the world as experienced by any discursive cognizer whatsoever. Thus logic is also, in a sense, transcendentally ideal.
Second philosophy of science
Authors: Maddy Penelope
Published: January 2009

This chapter returns to the compare-and-contrast approach of Part I, focusing this time on van Fraassen's constructive empiricism. The constructive empiricist holds that no evidence can support the claim that unobservable entities exist, which seems to deny the force of the accepted scientific evidence for the existence of atoms. In a move familiar from Kant, Carnap, and Putnam, van Fraassen agrees that the Second Philosopher's evidence is valid for her purposes, but posits another level of inquiry — philosophical or epistemological inquiry — where the existence of atoms can never be confirmed. As before, the Second Philosopher sees this other inquiry as unmotivated and its methods unclear, but this doesn't ally her with van Fraassen's opponents, the scientific realists, who join him in thinking the ordinary evidence needs some kind of supplementation. The chapter closes with an examination of Worrall's anti-naturalism.
Mathematics in application
Authors: Maddy Penelope
Published: January 2009

Turning now to the role of mathematics in natural science, this chapter takes up a number of themes. First, the Quine/Putnam idea that the indispensability of mathematics for much of science confirms the existence of mathematical objects: from a second-philosophical point of view, this argument ignores the fine-structure of scientific justifications (in favor of superficial holism) and the idealizations and simplifications involved in the use of mathematics. If indispensability arguments are rejected, then what does the evidence tell us about the mathematical structure of the world? The KF-structure already detected is enough to support elementary arithmetic, but based on a return to the developmental studies prominent in §III.5, the Second Philosopher argues that as soon as we reach the infinitary ‘and so on’ of number theory, we've entered the realm of idealized, abstract theorizing. The chapter concludes by applying the lessons of Diaconis's statistical work on coincidence to argue that Wigner's ‘miracle’ of applied mathematics is less miraculous than it might seem.
Second methodology of mathematics
Authors: Maddy Penelope
Published: January 2009

Given that natural science no longer dictates the course of mathematical development and that no curtailment of the free flowering of pure mathematics seems prudent, what are the appropriate methods to use? This chapter argues that those methods are not properly based in extra-mathematical metaphysics, that internal mathematical ends and values should carry the day. The various branches of mathematics aim at different goals, which explains why set theorists strive for a single unified theory of sets while geometers and algebraists embrace a variety of structures. Set theory's foundational role requires that its fundamental axioms form a unified list and that they be as generous as possible. These desiderata count against an axiom candidate like the Axiom of Constructibility (V=L).
1 Concerning Some Philosophical Reasons to Believe in Hyperspace
Authors: Hudson Hud
Published: January 2009

This chapter contains an extended discussion of two different philosophical (as opposed to physics-based) reasons to believe in the hypothesis of hyperspace. The first examines the phenomenon of incongruent counterparts, paying special attention to the curiously neglected topic of temporally incongruent counterparts and to the popular argument from incongruent counterparts to substantivalism. The second presents a fine-tuning argument for hyperspace, both considering the case for defense of the premises and responding to a range of serious and philosophically interesting objections, which arise in the theistic and multiverse fine-tuning literature.
2 Receptacles: Hosts and Guests
Authors: Hudson Hud
Published: January 2009

A receptacle is a region of space possibly exactly occupied by a material object. This chapter defends the Liberal View of Receptacles, according to which absolutely every region is a receptacle, regardless of its dimensionality or topology. With the assistance of certain principles of composition, recombination, and simplicity, three prominent rival theories (theories according to which necessarily, all material objects are topologically open or topologically closed or at least three dimensional) are contested.
Minority Rights in Singapore
Authors: Castellino Joshua , Redondo Elvira Domínguez
Published: January 2009

This chapter examines minority rights in Singapore. It begins with an outline of the history of Singapore followed by details of the groups identified as minorities within the state. The third section studies three issues particularly germane to the discourse of minority rights in Singapore: education, religion, and political participation. The final section evaluates the remedies attempted by the government in seeking to accommodate minority rights.
Paradise Lost: The Rise of the Night-time High Street
Authors: Hadfield Phil
Published: January 2009

This chapter looks in detail at the ways in which the night-time economy in Britain has developed since the late-1980s, from a context of repression and marginality to its current position of centrality to the political economy of British cities. In particular, it traces key shifts in the governance of urban spaces after dark and in nightlife cultures. The chapter documents the emergence of a new ‘night-time high street’ and its increasing dominance by the branded pub chains who exploited legal loopholes in the pre-2003 licensing system to acquire prime locations. This entrepreneurial agenda is contrasted with the repression of unlicensed ‘rave’ events and the repackaging of ‘dance music culture’ by the drinks and leisure industries, linked to the creation of new alcoholic drinks products and lifestyle branding, targeted at the young adult consumer.
Social Security, the Government Budget, and National Savings
Authors: Diamond Peter
Published: January 2009

This chapter focuses on the implication of overlapping generation models on government policies. The government can choose a higher tax rate than the ‘pay as you go’ rate, to increase the baby boomer contribution to the social security fund. The impact of this approach on overlapping generations will depend on the state of the rest of the government budget and people's reaction to such policies. The chapter discusses ways to link the social security and non-social security budges. It analyzes the impact of the 1983 Social Security Reform by Congress through a model that considers a one-period rise in payroll taxes to permanently increase the trust fund. When the model reaches its asymptotic steady state marked by the end of the initial period, all the persons in the initial period will die, and as production technology is linear, capital will be larger in the end when compared to that in the initial period.
Revealed Preference
Authors: Varian Hal R.
Published: January 2009

This chapter emphasizes the utility maximization of Samuelson's Revealed Preference Theory. It looks for consistency, form, forecasting, and recoverability criteria within the theory. It concludes that the strong axiom is necessary and sufficient for utility maximization, as well as rich in empirical content. The logic of the strong axiom runs as follows: If A reveals itself to be ‘better than’ B, and if B reveals itself to be ‘better than’ C, and if C reveals itself to be ‘better than’ D, and so on, then the theory of revealed preference is formulated. Furthermore, say that A can be defined to be ‘revealed to be better than’ Z, as the last in the chain. In such cases, it is postulated that Z must never be revealed to be better than A.
Samuelson's “Dr. Jekyll and Mrs. Jekyll” Problem: A Difficulty in the Concept of the Consumer
Authors: Pollak Robert A.
Published: January 2009

This chapter describes a rich number of cases in which Samuelson distinguishes between the individual and the family as the consuming agent. The idea that the family demand function can be consistent with axioms of revealed preference is rendered difficult to achieve. Part of the problem involves giving a spouse rather than the family or household a utility function. Then the problem arises as to how the individual demand function is aggregated for the family. On the theoretical side, the chapter considers a Bergson–Samuelson type of social welfare utility function, with implications for Arrow's impossibility theorem. On the application side, the chapter features Becker's ‘rotten kid’ model problem, holding out the possibility of a solution with a family member as a possible dictator.
Paul Samuelson as a “Keynesian” Economist
Authors: Klein L. R.
Published: January 2009

This chapter traces the development of Keynesian economics in the US from the early days. Although Keynesian economics came into the US in fragments, Samuelson views it as a unifying principle. One of Samuelson's first attempts in Keynesian economics is the simple mathematical formulation expressed as GDP, in terms of consumption and investment, consumption as dependent on income, and investment as fixed. This chapter characterizes the development of Paul Samuelson as a Keynesian economist and appraises the econometric foundation of Keynesian economics. Samuelson was able to expand and articulate the Keynesian paradigm, through a connection to equilibrium analysis of the demand and supply type. The stage for estimating aggregate models was then set and the author of this chapter was a pioneer in the specification and estimation of the Keynesian model.
Paul Samuelson's Contributions to International Economics
Authors: Rogoff Kenneth
Published: January 2009

This chapter evaluates Samuelson's trade contributions such as the Stolper–Samuelson and factor-prices equalization theorems, as vital in today's globalization debate. The ideas that gain from trade can be modeled through side-payment, that Samuelson added intuitive understanding and easy testing of the Stolper–Samuelson Theory, and that the simple ‘iceberg-cost’ metaphor helped our understanding of transit cost and friction in trade, are very active in the modern scientific and development views of modern trade theory. This chapter spans a wide range of thought from the ‘iceberg-cost’ concepts to a Ricardian ‘continuum of goods’ trade model. In between are financial analysis models, such as the Harrod–Balassa–Samuelson Theorem, according to which the exchange rate increases faster for growing countries, and which has led to the development of the Heston–Summer database for world comparison of income and prices. The chapter also presents a contribution to the transfer problem.
Samuelson and the Factor Bias of Technological Change: Toward a Unified Theory of Growth and Unemployment
Authors: Stiglitz Joseph E.
Published: January 2009

This chapter takes account of a simple model Samuelson enunciated over forty years ago on the liberalization of the capital markets. It appraises the capital liberating model first from the traditional equilibrium points of view, and then from his new paradigm of disequilibria or market imperfection points of view. In the equilibrium version, some ambiguity exists as to how technological progress would augment capital or labor. Kaldor's stylized facts approach had assumed away the problem. The standard Harrod–Domar model did not include the effect of technological change, and when added, the disequilibria between exogenous labor, and adjusted warranted growth rate became clear. Solow's modification did improve the analysis by making capital and effective labor grow at the same rate, but at the price of diminishing the concept of a job.
Samuelson and Investment for the Long Run
Authors: Markowitz Harry M.
Published: January 2009

This chapter examines a debate with Samuelson regarding which criteria the long-run investor should maximize in their portfolio. It provides the example of receiving either 6% per year with certainty or a lottery with an equal chance of 200% gain or 100% log of 1 plus the returns is negative infinity (-∞). Therefore, the investor would choose the certain prospect. The chapter considers whether the long-run investor should follow the arithmetic mean or the log arithmetic (geometric mean) criteria in maximizing its portfolio. It also makes the case for the log model, although Samuelson has argued that because a prospect offers an almost certain probability that does not mean that it must yield a better expected value of utility.
The first Advocate General, Maurice Lagrange
Authors: Greaves Rosa
Published: January 2009

Maurice Lagrange was appointed Advocate General in 1953 and retired in 1964. He delivered over 60 Opinions in a period of 10 years, covering a wide range of issues. This chapter focuses on the Opinions delivered by Advocate General Lagrange on the admissibility of direct actions before the European Court of Justice brought by undertakings, and on the scope of new procedures introduced by the EC Treaty which have played a significant role in creating and sustaining a uniform Community legal order (Article 226 action and Article 234 preliminary ruling).
Advocate General Jacobs and intellectual property law
Authors: Greaves Rosa
Published: January 2009

This chapter focuses on Advocate General Francis Jacobs and his contributions to intellectual property law. Jacobs was appointed Advocate General in 1988, at a time when the European Project had just been restarted with the adoption of the Single European Act and the establishment of the Court of First Instance. He retired in December 2005, making him the second longest holder of the office. During his 17 years in office he delivered over 500 Opinions. The chapter begins with a brief resume of the case law on intellectual property rights prior to his appointment; consideration is then given to the Opinions he delivered on the relationship between the EC Treaty rules on competition and free movement and the exercise of intellectual property rights. Finally, the Opinions he delivered in cases where interpretation questions were raised in respect of the Trade Mark Directive and the Trade Mark Regulation are examined.
Advocate General Jean-Pierre Warner and EC competition law
Authors: Greaves Rosa
Published: January 2009

This chapter focuses on Advocate General Jean-Pierre Warner and his contributions to EC competition law and procedure. Warner was appointed Advocate General in January 1973 on the occasion of the first enlargement of the EEC, with the accession of Denmark, Ireland and the UK. Warner was the first Advocate General trained in a common law jurisdiction. He delivered over 200 Opinions during his eight years in office. The chapter begins with a brief summary of the state of play in 1973 as far as the EC competition rules and procedure were concerned. This is followed by an examination of the Opinions Warner delivered that concerned the extent of the Commission's powers to adopt definitive and interim measures to terminate infringements, and also the Opinions he delivered in cases that raised issues of procedural safeguards for the undertakings under investigation. Finally, the Opinions Warner delivered on issues of substance in respect of Articles 81 and 82 EC are considered.
Permissibility of Targeted Killing as a Method of Law Enforcement
Authors: Melzer Nils
Published: January 2009

This chapter examines the extent to which the method of targeted killing can be regarded as permissible under each of the conditions and modalities of the international normative paradigm of law enforcement. It shows that any State-sponsored targeted killing not directed against a legitimate military target in an armed conflict must be governed by the normative paradigm of law enforcement. Therefore, in order to be lawful a particular targeted killing must, cumulatively: (i) have a sufficient legal basis in domestic law; (ii) not be of punitive but of exclusively preventive nature; (iii) aim exclusively at protecting human life from unlawful attack; (iv) be absolutely necessary in qualitative, quantitative and temporal terms for the achievement of this purpose; and (v) be the undesired ultima ratio, and not the actual aim, of an operation which is planned, prepared and conducted so as to minimize, to the greatest extent possible, the recourse to lethal force.
Surface waves and patterns in periodically vibrated granular layers
Authors: Aranson Igor S. , Tsimring Lev S.
Published: January 2009

This chapter examines pattern-forming phenomena in thin layers of granular materials subjected to low-frequency periodic vertical vibration above the acceleration of gravity. Compared to driven granular gases discussed in Chapter 4, dense layers of granular materials under sufficiently strong excitation exhibit fluid-like motion. The most spectacular manifestation of the fluid-like behavior of granular layers is the occurrence of surface gravity waves which are quite similar to the corresponding patterns in ordinary fluids. To understand the nature of these collective phenomena, many theoretical and computational approaches have been developed. The most straightforward approach is to use molecular dynamics simulations which are feasible for sufficiently thin layers of grains. On the other hand, since the scale of observed pattern typically is much greater than the size of the individual grain, a variety of continuum approaches, ranging from phenomenological Ginzburg-Landau type theories to granular hydrodynamics, are discussed.
Patterns in gravity-driven granular flows
Authors: Aranson Igor S. , Tsimring Lev S.
Published: January 2009

This chapter provides an overview of mechanisms and theoretical models of pattern formation in dense gravity-driven granular flows. A wide range of phenomena, from one- and two-dimensional avalanches flowing upon inclined planes, instabilities and fingering of avalanche fronts, flows in rotating drums to self-organized criticality and statistics of granular avalanches, are considered. In the majority of gravity-driven granular flows, the motion is confined at the surface of the granular system. Various approaches are used to describe surface flows, including depth-averaged hydrodynamic equations (the Saint-Venant model), two-phase models rolling and static fractions of erodible granular flows (Bouchaud, Cates, Ravi Prakash, and Edwards equations), and order parameter models for partially fluidized granular flows.
Granular materials with complex interactions
Authors: Aranson Igor S. , Tsimring Lev S.
Published: January 2009

This chapter focuses on the situation when interactions between grains are not limited to simple collisions and friction. In many practically important situations, long and short range forces come into play, such as electromagnetic forces due to rubbing or charging of particles, interaction with interstitial fluid. While interaction of grains with interstitial fluid is a traditional part of engineering research, effects of particle anisotropy, electromagnetic interactions mediating short-range collisions, agglomeration, and many others constitute a formidable challenge. A variety of nontrivial systems is discussed, from ripples and dune formation in wind and water driven granular flows, to dynamic patterns in the systems of anisotropic grains (long rods), and patterns in electrostatically and magnetically energized systems. While the rigorous treatment of problems in granular media with complex interaction is often impossible or prohibitively difficult, progress is achieved by by a combination of numerical modeling and phenomenological approaches.
Qualia Empiricism
Authors: Mendola Joseph
Published: January 2009

This chapter gathers together the various elements of the correct internalist theory, which is called qualia empiricism. It shows how such a theory can reply to one characteristic form of private language argument. And it contrasts this proposal with relatively close competitor proposals by Chalmers and Yablo. It propounds a kind of semantic two-dimensionalism, and is less centered on epistemological concerns than traditional forms of empiricism.
Why Not Torture Terrorists?
Authors: Ginbar Yuval
Published: January 2009

The book addresses a dilemma at the heart of the ‘War on Terror’: Is it ever justifiable to torture terrorists in order to save the lives of innocent civilians in a ‘ticking bomb situation’ (TBS)? The book first analyzes the ticking bomb dilemma as a pure moral one, facing the individual would-be torturer. A ‘never-say-never’ utilitarian position is pitted against a ‘minimal absolutist’ view that some acts are never justifiable, and that torture is one such act. It then looks at the issues that arise once a state has decided to sanction torture in extreme situations, including when, how, and whom to torture; the institutionalization of torture; its effects on society; and its efficacy in combating terrorism in the shorter and longer runs. Four models of legalized torture are next examined, including current ones in Israel and the USA and the idea of torture warrants. Finally, related legal issues are analyzed through extensive use of international and domestic legal materials; the issues including the lawfulness of coercive interrogation under international law and attempts to allow torture ‘only’ after the fact, for instance by applying the criminal law defence of necessity. A minimal absolutist view — under which torture, whether by private individuals or by state officials, must be prohibited absolutely in law, policy, and practice, and allowing no exceptions for ticking bomb situations — is defended throughout.
The Minimal Absolutist Approach I: Anti-absolutism as Morally Untenable
Authors: Ginbar Yuval
Published: January 2009

This chapter outlines the author's minimal absolutist view, a ‘bare-boned’ moral view that certain acts must be prohibited absolutely, i.e., must never be performed, whatever the consequences. Reviewing questionable candidate acts for such prohibition, including lying and killing, and explaining the ‘slippery surface‘ method of logically testing the scope of moral views, the chapter then argues that the opposing view — anti-absolutism — cannot logically allow the prohibition of any act, however horrendous. Thus, it must allow torturing babies to death for fun if this would save thousands of other babies. Two real-life examples of minimal absolutism are provided: the prohibition of cruel death penalty in the West and the universal rejection of experiments on humans without informed consent, even if, used to develop a vaccine for HIV/AIDS, it would save millions of lives. It is concluded that anti-absolutism must justify atrocities, including terrorism, and is morally corrupting and enslaving.
Part I—Conclusions
Authors: Ginbar Yuval
Published: January 2009

This chapter concludes the discussion of the ticking bomb question as a one of pure individual morality. For the purpose of defending an absolute prohibition on torture a minimal absolutist position, rather than a wider moral theory, is sufficient. The overwhelming strength of the ‘numbers’ in the torture-justifying argument is also its moral downfall, among other things because it must allow the torture of the innocent, making each of us, potentially, a victim of torture — as well as a torturer. The qualities of character needed for one person to inflict unimaginable cruelty upon another cannot sit easily with our concept of a good character. A torture-justifier would indeed commit atrocities, where necessary, to save us, but only if we belong to a large enough number of potential victims. The minimal absolutist, in contrast, would always do anything humanly possible to save innocent lives.