bluuebunny/crossref_metadata_2025 huggingface dataset:
Manuscripts, Texts, Editions
Authors: Sawyer Daniel
Published: May 2024

Readers today meet early poetry in modern editions, but the poetry itself usually survives in hand-copied books: manuscripts. As lyric and dramatic examples show, editions often change the layout and presentation of poetry. Some poems survive in manuscript forms integrated with images in ways a printed edition would struggle to capture. And, most of all, different manuscript copies of a text differ in what the text itself says. This chapter shows how editions and manuscripts can serve the close reading of poetry. Examples include Sir Orfeo, Piers Plowman, Sir Gawain and the Green Knight, the South English Legendary, and Chaucer’s Canterbury Talesand Parliament of Fowls. Ultimately, the challenges of editing early literature do not separate that literature out from more modern writings; rather, they let us see how even modern works are subject to the same forces of variation during publication and transmission.
Poetry of Many Tongues
Authors: Sawyer Daniel
Published: May 2024

This chapter explains how readers might think through and with the multilingual context for early English and Scots poetry. It summarizes the uses and associations of English, Latin, and French, 1150–1500, together with the history of literacy, pointing out how those who did not read still engaged with poetry. The discussion notes the presences of many languages spoken by visiting travellers, and of languages that had sounded in the British Isles longer than English. Anonymous lyrics, Piers Plowman, the Prik of Conscience, and Confessio Amantisexemplify different types of macaronic poetry, inviting different types of close reading. There are subtler ways, too, in which most or all Middle English writing is multilingual. In closing, the discussion examines the macaronic use of Middle English on Welsh terms in one poem by Tudur Penllyn.
The Problem of Evil for Axiarchists
Authors: Nagasawa Yujin
Published: May 2024

Axiarchism is a novel, non-personal alternative to traditional theism and pantheism. According to this view, the world exists because it is better that it be actualized than that it not be actualized; that is, the existence of the world is ethically required. Axiarchists believe that this non-personal, ‘creatively effective ethical requirement’, rather than God, is the ultimate explanation of the existence of the world. Axiarchism appears initially attractive because, by replacing a personal God with an impersonal ethical requirement, it seems to explain the existence of the world without facing versions of the problem of evil that traditional theists face. This chapter argues, however, that there are versions of the problem of evil which arise even for axiarchists. It argues, moreover, that traditional theists enjoy advantages over axiarchism in responding to these versions.
The Problem of Systemic Evil
Authors: Nagasawa Yujin
Published: May 2024

This chapter introduces the ‘problem of systemic evil’, a radically new version of the problem of evil which poses a challenge for traditional theists. The problem says that the existence of an all-powerful and wholly good God appears to be incompatible with the presence of the system of natural selection and evolution, which nomologically necessitates pain and suffering for uncountably many sentient animals, including humans. The chapter explains that the problem of systemic evil is deeper and more comprehensive than other versions of the problem because it focuses on the entire biological system on which nature is based instead of singling out specific events or specific types of events that are deemed evil. The chapter explains in detail that the problem of systemic evil is unique and forceful.
The Problem of Systemic Evil for Atheists/Non-Theists
Authors: Nagasawa Yujin
Published: May 2024

This chapter utilizes the two key theses that have been established in previous chapters: (i) the problem of systemic evil raises a more forceful challenge for traditional theists than other versions of the problem of evil and (ii) there are good reasons to think that most people, including most traditional theists and most atheists/non-theists, are modest optimists. By combining these theses, this chapter argues that there is a version of the problem of systemic evil which poses a challenge for all modest optimists. This is a significant finding because it effectively suggests that there is a version of the problem of evil that should trouble many atheists/non-theists, who are normally considered immune to the problem of evil. The chapter explains the strength of the problem by addressing the concept of gratitude and contrasting the problem of systemic evil with Janna Thompson’s ‘apology paradox’.
The Advantages that Traditional Theists Enjoy
Authors: Nagasawa Yujin
Published: May 2024

Once it is shown that the problem of systemic evil poses a challenge for most non-theists as well as most traditional theists, the following question arises: between traditional theists and non-theists, which is more likely to succeed in overcoming the challenge? This chapter argues that traditional theists enjoy a relative advantage over non-theists because they have supernaturalist resources they can tap to respond to the challenge. This finding is important because the problem of evil is commonly regarded as a sufficient reason to reject traditional theism and accept non-theism. If the argument in this chapter is sound, the situation is almost the other way around: if one seeks a successful response to the problem of systemic evil, it is better to be a traditional theist than a non-theist. This chapter purports to strengthen this reasoning by addressing several objections, including those raised and discussed by Guy Kahane and Francis Jonbäck.
Human Rights Connectivity and the Future of the Treaty Body System
Authors: Cleveland Sarah H.
Published: May 2024

In the over 70 years since the UN human rights treaty bodies were first conceived, the system has evolved into ten independent bodies that exercise complementary and overlapping powers, and which function in a complex broader system of UN and regional human rights mechanisms, national courts, and other human rights bodies. This chapter explores the future of the UN treaty body system by highlighting the need for greater connectivity—substantive, communicative, and institutional synapses—among the treaty bodies and with the broader global human rights regime. The chapter considers how connectivity may be developed among the treaty bodies to ensure that they function as a more coherent whole, both by systematizing the treaty bodies’ periodic reviews of states parties and by enhancing connectivity between this treaty body function and the Human Rights Council’s Universal Periodic Review process. It further examines how the role of the treaty bodies in the broader human rights system can be strengthened by securing jurisprudential connectivity with the regional human rights systems. The ultimate goal is to ensure that the treaty bodies themselves function as a coherent system, and that they reinforce and enhance the effectiveness of the overall regime of human rights protection.
Feminist Futures in Human Rights
Authors: Charlesworth Hilary
Published: May 2024

This chapter understands the language of feminism as indicating a type of inquiry, a way of asking questions that draws attention to both particular constructions of and silences about women’s lives in the field of human rights. The inquiries are animated by the goal of transformative equality: allowing women to develop their capacities fully and to exercise choices about their lives. It begins by describing some debates underlying feminist approaches and sketching feminist engagement with the international system. The second section considers how feminist inquiries have influenced the area of human rights, focussing on two projects: one institutional (gender mainstreaming) and one normative (eradicating violence against women). The argument is that, while feminist ideas and vocabulary have influenced the development of international human rights law, their adoption has also provided an alibi for the postponement of transformative feminist futures.
The Story of E = mc2 and Relativity
Authors: Hooton Brian
Published: May 2024

The story of relativity goes back to Volta’s discovery of the battery. This led to the unification of electricity and magnetism and Maxwell’s theory of electromagnetism. The speed of light can be determined without a light source, but measurements by Michaelson, using light, gave a very accurate value. The question, what is this speed of light relative to, was unanswered. The search for the ether failed, and Einstein developed his theory using a new definition of simultaneity. Mass increases with velocity, length shrinks, and time also shrinks. E = mc2 emerged as a surprising afterthought. Modern standards for the units of mass length and time now use an assigned value of c to define the metre. A defined value of Planck’s constant now defines mass.
The Fission Process and the Characteristics of Fission
Authors: Hooton Brian
Published: May 2024

The discovery of fission is explained by the liquid drop model. Lise Meitner’s flight from Nazi Germany with the help of Neils Bohr and how Bohr helped other escaping Jews. Fissile, fertile, and fissionable processes are explained. Neutron interactions by elastic and inelastic scattering, as well as by capture progress their life, losing energy as they drop down to become thermal neutrons. It gives examples of neutron moderators and poisons. The fate of gamma rays by pair production, the photoelectric effect, and Compton scattering explain how their energy gets converted into heat. Fission fragments and delayed neutrons are explained as an arising consequence of fission. The various contributions to the energy release in fission are detailed. It covers the problems of establishing that a chain reaction could be established using graphite or heavy water with natural uranium in the very first nuclear reactors.
Safety
Authors: Hooton Brian
Published: May 2024

In this chapter, safety, risk, consequences, and cost are all evaluated. The specification of earthquake and tsunami risks are quoted in relation to reactor safety. The duties of nuclear regulators are stated. The problems of dealing with decay heat removal following a loss of electrical power and dealing with decay heat after a loss of coolant are described. The benefits and limitations of passive safety measures are explained. It also relates the story of the Windscale fire due to Wigner energy. The Brown’s Ferry nuclear incident is covered with its problems of fire control, communications, and decision-making. Three Mile Island is explained as a level 5 nuclear accident according to the International Nuclear and Radiological Event Scale. The Chernobyl accident is described with reference to the illegal operation of a reactor with Xenon poisoning, poor design parameters, and the absence of secondary containment. It covers the Fukushima accident. The nature of radiation effects on the human body is covered by stories of actual happenings. Radiation units, the gray and sievert, are explained.
The Nuclear Fuel Cycle
Authors: Hooton Brian
Published: May 2024

The nuclear fuel cycle is described, including the distinction between the open cycle and the closed cycle. Mining to create yellow cake, and enrichment by gas centrifuge using uranium hexafluoride (HEX), are explained. Fuel fabrication of uranium oxide pellets completes the front-end of the fuel cycle. The benefits and disadvantages of MAGNOX as a fuel pin cladding are explained. The back-end of the fuel cycle covers spent fuel management, fuel pond storage with the visibility of Cherenkov radiation. A flow sheet covering the plutonium-uranium extraction (PUREX) reprocessing method with mixer settlers is explained. The methods for dealing with high-level waste (HLW), by vitrification, are described. It treats the management of intermediate-level waste (ILW) and low-level waste (LLW).
The Future of Fission Reactors
Authors: Hooton Brian
Published: May 2024

Energy in the twenty-first century is the main theme, describing IV generation reactor technology. High-temperature reactors and the attraction of fast reactors. Plutonium breeding and thorium breeding are explained. The characteristics of small modular reactors (SMRs), and advanced modular reactors (AMRs) are covered with particular attention to their factory production advantage. The advent and use of molten salts, uranium fluoride, aluminium fluoride, sodium fluoride, and FLiBe are described. The design features of the MoltexFLEX reactor with GridReserve storage are covered. It examines proposals to use fast reactor technology to burn waste, fissionable material, and minor actinides. Proposals for new types of fuel are evaluated. The emergence of new reprocessing technology is described using pyrometallurgy, electrometallurgy, and hydrometallurgy. The levelized cost of electricity (LCOE), is defined with examples for solar photovoltaic (PV), wind turbines, nuclear, and fossil fuel. The political tools available to support solar, wind, and nuclear are given.
The Constitution’s Globalization
Authors: Sripati Vijayashri
Published: May 2024

This chapter demonstrates that constitutional globalization (‘Globalization’ with a capital G) has emerged as a distinct field of policy analysis. Yet, because the classical liberal constitution’s (Constitution) salience is not widely known, its globalization in a world of sovereign states—in the postcolonial/post-Soviet era has escaped attention. Appraising Globalization’s legitimacy and impact therefore requires first fully understanding the Constitution’s salience and noting who made it go global and when and for what purposes. Current analyses of globalization are incomplete or incorrect because they all consistently and wholly overlook the Constitution’s catalysing role or simplify the purposes served by economic globalization in ways that diminish the Constitution’s importance. Accordingly, an International Constitutional Law or a Constitutional Political Economy lens is indispensable to exploring Globalization no matter what our perspective is, mainstream or Third World. This chapter sets out the mission for the book: to provide the politico-economic globalization discourse with its missing parental foundation from a Third World Approaches to international Constitutional law (TWAIL-CL) perspective. Towards this end, this chapter establishes the Constitution’s salience and outlines its centrality to liberalism, neoliberalism, militarism, and colonialism, post-1989 United Nations Peacebuilding, and the post–World War II’s human rights regime, and achieving the World Bank’s policies (e.g., privatization). This discussion sets the stage for exploring comprehensively how Globalization has shaped the Security Council’s functions and international law concepts of peace, justice, and human rights. In this way, starting with this chapter, the book simultaneously lays the foundation for Global Studies, a field that emerged from economic globalization.
The Silent Takeover
Authors: Sripati Vijayashri
Published: May 2024

This chapter explains the Constitution’s salience to regulatory governance and how, when, why, and by which entities politico-economic globalization was made possible in 2000, and to whose benefit and for what purposes. This chapter highlights a critical aspect: policies (for example, austerity and privatization) that created conflict in the 1980s, and up until the mid-2000s, were recycled to ‘prevent conflict’ in 1999. The chapter provides the Constitutional backdrop for and content of four of the UN Family–crafted constitutionally rooted concepts or agendas coined starting from 1999: poverty reduction or market-oriented development, conflict prevention, sustainable development, and sustaining peace. The chapter’s constitutional political economy analysis illustrates the dangers of taking ‘poverty reduction’ literally, as many scholars have done in the past. As a case study of constitutional Globalization (Globalization), Coca-Cola’s expansion into Colombia and India following these countries’ neoliberal Constitutional reforms, illustrates how an American multinational reaps profits there but damages its citizenry and environment at the same time. The concepts of good governance, global governance, and ‘gender, and development’ are discussed, including why they mean starkly different things for people in the first world and the Third World. Also discussed is the phenomenon (constitutional Globalization) that gave rise to what Upendra Baxi calls ‘trade-related market-friendly human rights’.
The Business of Reducing Poverty = ‘Building’ Internationalized Market-Oriented Peace = Maximizing Profits = Constitution-Making
Authors: Sripati Vijayashri
Published: May 2024

This chapter focuses on the specific process through which the entities identified in Chapter 2, made constitutional Globalization happen. Towards this end, it explains how the Constitution facilitates the Bretton Woods Institutions’ structural adjustment policies (Policies) (for example, decentralization) and other attendant processes (for example, financialization) and describes the so-called debt-relief-seeking mechanism and its Constitutional significance: Poverty Reduction Strategy Papers (PRS papers). In this way, the Constitution associated with UN Peacebuilding (UNPB), market-oriented development (Development)/poverty reduction, and good regulatory governance (GRG) in Chapter 2 is connected with the Policies and the PRS papers’ contents here. The chapter proceeds to provide a practical perspective on the above discussion through two examples that illustrate how the Constitution provides a market orientation to peacebuilding, among other constitutionally based initiatives/concepts. An exercise in drafting the Constitution and laws consistent with it is the first example. The second example illustrates the first. Based on Nepal’s UNPB experience, it illustrates how its constitutionally enshrined economic and social right (the right to water) is market-oriented and, therefore, achieved through privatization laws and benefits transnational capitalists. Thus, this chapter links the Constitution (in its three unified manifestations: GRG, poverty reduction, and Development and UNPB), Policies, and PRS papers’ contents with UNPB’s sibling concepts or agendas discussed in Part II.
Women, Peace and SecurityManufacturing Women’s Consent for Policies That Harm Them
Authors: Sripati Vijayashri
Published: May 2024

This preface to Chapters 5–8 contextualizes the birth of the following UN-crafted concepts and agendas: human security, protection of civilians, and Women, Peace, and Security, which includes efforts towards ending conflict-related sexual violence, as well as the global war on terrorism. The preface to Chapters 5–8 outlines the years in which the UN-crafted concepts discussed herein were conceived and their Constitutional origins and common goals, and it lists their relevant resolutions. In this way, the preface explains why these sibling agendas are presented from Chapters 5–8 in this order: Women, Peace, and Security (WPS); human security; conflict-related sexual violence; protection of civilians; and the global war on terrorism.
Constitutionally Silencing Human Rights
Authors: Sripati Vijayashri
Published: May 2024

This final chapter argues and demonstrates that silencing human rights is the broader story of constitutionally-driven economic globalization. It arrives at this implication by reviewing the constitutionally-based UN sibling agendas: Women, Peace, and Security (WPS); human security and ending ‘conflict-related sexual violence’; protection of civilians; global war on terrorism; and transitional justice. For example, the WPS agenda (including the global right to health) was crafted to globalize privatization and benefit transnational capitalists. The chapter connects ‘global public health’ (since 1999) with ‘international public health’ (1900s to 1999), and ‘colonial constitutional medicine and health’ (the 1800s to 1900s) based on their constitutional underpinnings and thereby suggests why these eras have seen economic and geopolitical ends trumping women’s concerns. The chapter provides a constitutional backdrop to and contextualizes the findings of medical historian, Alison Bashford, Global Health (Columbia University Press, 2014), and the contributions of distinguished Third World anticolonial demographer, Sripati Chandrasekhar. It emphasizes the limitations of analysing relevant international developments from monodisciplinary perspectives (e.g., feminist/public international law (PIL), PIL/International Political Economy (IPE), and IPE/International Human Rights (IHR)) that exclude the Constitution. It reviews and corrects the incomplete or incorrect comments made on the UN Security Council’s role or economic globalization by Christine Chinkin, Laura Shepherd, Cynthia Enloe, and J. K. Gibson-Graham (feminism/Global Studies); A. Claire Cutler and Eunice Sahle (IPE); Audrey Chapman (Global Health and IHR); and Paul Hawken (environmental law). Thus, it demonstrates the advantages of developing Constitutional curiosity. Finally, the foundation-laying for Global Studies/international constitutional law/constitutional political economy is completed.
Natural Disaster, Stupefaction, and Anxiety
Authors: Graf Chiara
Published: May 2024

This chapter argues that Seneca finds therapeutic potential in even the misguided sensations of stupefaction and anxiety. Seneca both portrays and evokes this cluster of affects in two of his descriptions of natural disaster in the Natural Questions: the flood passage that ends book 3, and the treatment of earthquakes at the beginning of book 6. From a Stoic perspective, stupefaction and anxiety are ethically problematic, since they stem from an incomplete understanding of the world. I read these “ugly feelings” through the lens of the work of affect theorist Sianne Ngai, arguing that, by dulling the subject to fear, a truly vicious passion, stupefaction and anxiety paradoxically replicate certain aspects of Stoic serenity.
The War in Ukraine and Its Challenges to European Security, Transatlantic Relations, and EU-UK Cooperation
Authors: Schwarzer Daniela
Published: May 2024

Russia’s large-scale invasion of Ukraine has shattered the European security order. The EU and the UK have extended unprecedented military, financial, and humanitarian aid to Ukraine. While the Trade and Cooperation Agreement (TCA) lacks foreign affairs and defence provisions, the UK and EU governments have collaborated closely within the North Atlantic Treaty Organization (NATO) and the G7 and have deepened bilateral cooperation and links with EU institutions. The war has underscored America’s role as a security guarantor for Europe, but US engagement after the 2024 elections remain unclear. As Europeans need to step up their engagement for European security, they have started to rethink Europe’s architecture on a continental scale. Enlargement is back on the agenda, the European Political Community (EPC) provides a new intergovernmental forum, and, considering lasting and broader geopolitical and geoeconomic challenges, there may be opportunities to develop the relationship between the UK and the EU further with mutual benefit.
English Administrative Law from 1550
Authors: Craig Paul
Published: May 2024

There has been some valuable literature on historical dimensions of English administrative law. There is, however, no general history of administrative law, which stands in marked contrast to the wealth of historical literature on constitutional law. There is a certain ‘flawed logic’ in this absence. The prevailing view is that administrative law was only really established in the mid-20th century, some venturing back to the late 19th century, from which it follows that you cannot write a history on something that does not exist. This picture is derived from Dicey. It is wrong and badly so. The reality is that administrative law developed from the mid-16th century in response to the plethora of regulatory legislation extant at that time and thereafter. This book explains the regulatory and administrative landscape from the mid-16th century to the end of the 19th century, the administrative law doctrine developed by the courts, and continuity and change in the 20th to 21st centuries.
The Administrative State: Contract
Authors: Craig Paul
Published: May 2024

The previous chapter considered the way the administration discharged legislative objectives through individualized decision-making and rulemaking. This chapter continues this story through analysis of the way in which contract was used to effectuate statutory goals. The discussion begins with the political and organizational dimension of contracts made for public goods and services, and five principal contexts in which such contracts were made are distinguished. The discussion then shifts to the legal and practical dimension of public contracts. There is analysis of key issues, including the authority to contract, the capacity to contract, formation, agency, legality, interpretation, remedy, and the Crown. The final section of the chapter considers continuity and change in the 20th to 21st centuries. There is continuity with respect to Treasury influence over departmental contracting. There is change, as evidenced by the prevalence of standard form contracts, by the impact of EU rules and by increased centralized control over local contracting.
Proportionability and Proportionality
Authors: Craig Paul
Published: May 2024

This chapter sheds historical light on the role played by the concept of proportionality in UK law. The United Kingdom had a concept akin to that of proportionality, from the late 16th century onwards. The precise appellation varied, with terms such as proportionability, proportionable, and disproportionate found in the legislation and case law. It was not a formal three-part test of the modern kind, but the older concept shared a common theme with its more modern offspring, which is the proscription of excessive regulatory burdens. The story begins with the role played by proportionability in the context of individual decisions, its judicial application as a free-standing principle of judicial review, and as a principle of statutory interpretation to ensure that regulatory legislation would, whenever possible, not impose excessive burdens on individuals. The focus then shifts to proportionability in the context of rulemaking and legislation.
Standing
Authors: Craig Paul
Published: May 2024

The present chapter is concerned with locus standi, which is directed to who can invoke the courts’ jurisdiction in a claim for judicial review. The discussion begins with standing as conceptual gateway. This is followed by analysis of standing between the mid-16th to the end of the 19th centuries, when individuals sought to use the prerogative writs or certiorari, prohibition, and mandamus. There was considerable diversity within the case law, concerning both the applicable test for a particular writ and as between them. These differences reflected and embodied divergent views as to the role that the individual should play within public law. These considerations were also evident in the standing rules applicable for injunctive relief. The focus thereafter is, as with other chapters, on continuity and change in the 20th to 21st centuries. In this context, there is a divide between the pre-1977 period and the years thereafter.
Antisthenes on Definition
Authors: Malink Marko
Published: May 2024

In Metaphysics H.3, Aristotle discusses a difficulty raised by Antisthenes and his followers concerning the possibility of definition. The difficulty led the Antistheneans to conclude that it is impossible to define what a thing is (1043b23–32). While this passage is one of the major sources on the thought of Antisthenes, it poses a number of interpretive problems. It is, as Myles Burnyeat puts it, an ‘obscure passage … which lacks an agreed interpretation’. This chapter argues that, contrary to what is often thought, the difficulty derives from an argument to the effect that any attempt at defining what a thing is leads to an infinite regress of definitions. More specifically, it argues that the Antisthenean argument is based on a compositional conception of definition according to which the definition of a thing must mention the constituents of which the thing is composed. This account allows us to gain a better understanding of what the Antisthenean difficulty was, and why Aristotle chooses to address it in his discussion of hylomorphism in Metaphysics H.3.
Predicative Hylomorphism in Metaphysics Z
Authors: Louise Gill Mary
Published: May 2024

In Metaphysics Z Aristotle analyses the relation between matter and form using what this chapter calls predicative hylomorphism, according to which form is predicated of matter as a persisting and definite subject. The chapter contends that Metaphysics Z.1–16 are aporetic: these chapters set out various criteria for substantiality and in so doing reveal that nothing can jointly satisfy all the criteria and so succeed as primary substance. Aristotle’s treatment of matter as a subject and as a continuant through change undermines the substantiality of even Aristotle’s most promising candidate, substantial form. The chapter ends by gesturing towards a second unsuccessful attempt to solve the problem of substance in Z.17 and H.1–5, and finally towards a third and more satisfactory way to solve the problem in H.6 and Θ. The third scheme uses a different conception of matter and its relation to form, which the author calls genus-differentia hylomorphism. On this version of hylomorphism, the matter that constitutes the complex is an indefinite determinable which form differentiates into a definite individual thing, a primary substance.
Matter-Involving Form and Hypothetical Necessity in Aristotle’s De Anima
Authors: Johansen T. K.
Published: May 2024

David Charles has argued that, according to Aristotle, a psychological state such as anger is an ‘inextricably psycho-physical phenomenon because it has a matter-involving (inextricably psycho-physical) form’. Agreeing with this claim, this chapter asks how one should further explicate the involvement of matter. For Charles the involvement demands an explicit mention of the specific matter of the psychological state in the definition of its form. So matter plays a role in defining the form itself, as nose, for example, occurs in the definition of snubness. The alternative Johansen explores is that the specific matter is not present in but follows from the definition of the form. In that case the definition of form is not like that of snubness in explicitly mentioning matter. Nor, however, is it like the mathematician’s account of concavity, which has no implications as to its material realization. Rather, the formal definition of a psychological state may imply a certain material realization by hypothetical necessity. Johansen develops this suggestion and considers its strength against certain objections raised by David Charles.
Reflections on Aristotle’s Modal Ontology
Authors: Chiba Kei
Published: May 2024

This chapter investigates the roles of Aristotle’s two newly coined ontological technical terms, entelecheia (‘completeness’) and energeia (‘at-workness’), and their connections with three traditional terms he inherited: dunamis (‘potentiality’), ergon (‘work’), and logos (‘account’). Through an analysis of passages in Metaphysics and De Anima, it argues that Aristotle introduces ‘completeness’ to refer to the substance of a thing—that is, the form (e.g., soul)—so that ‘form’, which signifies the causally basic unifying entity, and ‘completeness’, which signifies the governing mode of being one qua being, are employed in parallel in two contexts. In one, the form is identified and captured by means of a unified logos (account) called ‘definition’ that refers to completeness as a mode of being of ‘substance according to the account (ousia kata ton logon)’. In the other, the form is described as ‘substance as being at-work (tēn hōs energeian ousian)’, inherent in the relevant matter, which is not separate from the form in terms of work but is identified as potentiality in terms of account. It is argued, thus, that completeness is found in two contexts as (1) the governing mode of being of the form as a logos, in virtue of which (2) the agent, who is being in virtue of completeness, is at work by holding its governing mode for a certain duration of time.
Aristotle: Processes and Continuants
Authors: Coope Ursula
Published: May 2024

This chapter discusses David Charles’ view that an Aristotelian kinēsis (or process) is, in certain important respects, like a continuant. It focuses on two claims Charles makes about Aristotelian kinēsis: that a kinēsis has ‘modal depth’ (i.e., a particular kinēsis could have developed differently from how it did in fact develop) and that a kinēsis can itself be the proper subject of change. The second of these claims seems inconsistent with Aristotle’s own remarks in Physics 5.2 and Categories 5. The chapter argues that it is possible to distinguish two different accounts of kinēsis in Aristotle’s work. On one account, defended in Physics 5–6, a kinēsis is explanatorily posterior to its temporal parts. On this account, a kinēsis lacks modal depth and cannot be the proper subject of change (hence, Aristotle’s claims in Physics 5.2). On the other account, implied by Aristotle’s remarks in Physics 8, a kinēsis is explanatorily prior to its temporal parts. The chapter argues that such an account allows for the possibility that a kinēsis could have modal depth and even that a kinēsis could be the subject of change. This second account suggests the interesting possibility that a kinēsis might be a kind of entity that differs from an enduring substance in having temporal parts, but is like an enduring substance in having modal depth and in being itself a possible subject of change.
Irreplaceable Value
Authors: Bradford Gwen
Published: May 2024

If the Mona Lisa, the Sistine Chapel, the sarcophagus of Tutankhamun, or the Sword of Goujian were destroyed, nothing could replace them. New works of art that are even more impressive may be created, which may replenish the value in the world in quantity, but they would not fully replace the loss. Works of art and historical artifacts have irreplaceable value. But just what is irreplaceable value? This chapter presents perhaps the first analysis. Irreplaceable value is a matter of intrinsic value in virtue of unreinstantiable good-making properties, which give rise to reasons to preserve and protect.
Aggregating Personal Value
Authors: Frugé Christopher
Published: May 2024

A person possesses value from various components of wellbeing, but they also have overall wellbeing from the combined value of those components. Most ethicists assume that there is an objectively unique way that wellbeing from components aggregates into overall wellbeing. However, I argue that aggregation is subjective. Thus, the manner in which wellbeing aggregates depends on what sort of aggregation a person values. I defend this view for three reasons. First, it secures naturalism about aggregate wellbeing. Since someone’s overall wellbeing is distinct from the value they receive from various goods and bads, then it requires a distinct explanation, which can be supplied naturalistically by positing dependence on aggregative attitudes. Second, subjectivism about aggregation secures resonance about aggregate wellbeing in that the manner in which overall value is produced is sensitive to the cares and concerns of the subject. Third, the view accommodates the variability of aggregation across different creatures, since different creatures value aggregation differently. I end with some implications for the significance of death.
Aim of the Youth Justice System
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter describes the aim of the youth justice system. The legislation relating to children and young persons is contained in many different statutes and is unlikely to be fully codified in the near future. The Crime and Disorder Act 1998 defined the youth justice system and set up some of its current structure. The CDA 1998, s 42(1) provides that ‘youth justice system’ means the system of criminal justice in so far as it relates to children and young persons. According to the CDA 1998, s 37, the aim of the youth justice system is ‘to prevent offending by children and young persons’. Ultimately, the Sentencing Council’s Sentencing Children and Young People — Overarching Principles definitive guideline is essential reading for all those who work in the youth court or who deal with youths in any other criminal court.
European Convention on Human Rights
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter explores the European Convention on Human Rights, which is embodied in domestic legislation through the Human Rights Act 1998. The most relevant principles applicable to the youth justice system include Article 3 on protection from inhuman degrading treatment; Article 5 on guarantee of the right to liberty and the security of the person; Article 6 on guarantee of due process; and Article 8 on right to privacy and family life. The guarantees of Article 6 apply with equal force to juveniles as they do to adults. The European Court of Human Rights rules on Convention Rights when domestic remedies are exhausted. Ultimately, the position of children and young people in relation to Article 6 is important in consideration of issues concerning effective participation by children in the criminal process.
Allocation and Sending Proceedings
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter describes the allocation and sending proceedings. The Magistrates’ Courts Act 1980, s 24 establishes a presumption that youth defendants will be dealt with summarily for any indictable offence. A youth defendant will only appear in the Crown Court for trial when charged with homicide; when charged with a firearms offence subject to a mandatory minimum sentence; when charged with a ‘grave crime’; when charged with certain terrorism offences; when notice has been given in a serious or complex fraud; when a notice has been given in a child case; when charged with a specified offence and it is considered that the criteria for imposing a sentence of extended detention are met (dangerous offender); and when charged with an adult offender who has been sent to the Crown Court. Save where allocation to the Crown Court is mandatory (homicide and firearms cases), it is only rarely that a youth court should send a child or young person to the Crown Court for trial, because of the interrelationship between the allocation provisions and the general power to commit for sentence. The youth court is best designed to meet the specific needs of children and young persons.
Constitution of the Youth Court
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter focuses on the constitution of the youth court, which is provided for under the Children and Young Persons Act 1933, s 45. Magistrates and District Judges sitting in the youth court will have received specialist training and must be authorized to sit. Magistrates will usually sit as a bench of three justices but hearings can be dealt with by two justices. Meanwhile, a District Judge (Magistrates’ Courts) can sit alone. The latest rules made under s 45 are the Justice of the Peace Rules. Requirements for training and authorization to sit in the youth court are found in rules 19 and 30. In addition, the previous requirement that a youth court bench should include at least one man and at least one woman no longer applies.
Presence of Defendant in Court
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter describes the provisions for the presence of the defendant in court. If a defendant has been remanded on bail to attend court, their presence is mandatory unless and until it is excused by the court. Where a defendant on bail fails to appear, a warrant can be issued for their arrest. If a defendant has been summonsed, they may be absent but represented by a legal representative. This would be unusual in the youth court. The provisions of s 17A of the Magistrates’ Courts Act 1980 require the plea to an either-way allegation faced by an adult to be entered personally by the defendant. The court observed that failure to do so nullified any proceedings as it went to jurisdiction. The wording of s 24A of the MCA 1980 in relation to plea for a youth defendant is very similar. The defendant, rather than a legal representative, should indicate the plea when an allocation decision is to be made.
Restricted Access to the Youth Court
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter focuses on the restricted access to the youth court. Indeed, the youth court is not a public court to which the public has free access. The Children and Young Persons Act 1933, s 47 provides for the procedure in juvenile courts. According to CYPA 1933, s 47, ‘youth courts shall sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on them by or under this or any other Act’. Importantly, ‘no person shall be present at any sitting of a youth court except members and officers of the court; parties to the case before the court, their legal representatives, and witnesses and other persons directly concerned in that case; bona fide representatives of newspapers or news agencies; and such other persons as the court may specially authorise to be present’.
Secure Accommodation Application (Children Act 1989, s 25)
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter discusses the power of a local authority to apply to a court for permission to place a looked after child into secure accommodation for restricting their liberty under the Children Act 1989, s 25. It emphasizes how a child being looked after by a local authority in England or Wales may not be placed or kept in accommodation in England or Scotland provided for the purpose of restricting liberty. It also highlights the duty of a court to determine whether any relevant criteria for keeping a child in secure accommodation are satisfied. The chapter looks at applications for secure accommodation orders that are normally made to the family court and an application for civil legal aid. It includes the application for a secure accommodation order made to a youth court or adult magistrates’ court, which is governed by Part III of the Magistrates’ Court Rules.
Separation of Youth Defendants from Adult Defendants
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter describes the arrangements made for preventing a child or young person in the custody of authorities from associating with an adult who is charged with any offence. It explains that the Children and Young Persons Act 1933, s 31 is meant to prevent the moral risks of contact between young persons and adult defendants. It also points out that s 31 does not oblige the use of separate court buildings or entirely separate custody areas in one court building but arrangements must be in place to ensure that young persons at court are prevented from interacting with adult defendants. The chapter details how s 31 ensures that young persons and adults are not afforded the opportunity to speak or socialize by sharing a cell or by associating outside the cell. It looks at arrangements that address transitory contact or physical proximity that give rise to risks of contact or interaction.
Special Measures for Defendants
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter explores the wide and flexible powers of the court to ensure that the accused receives a fair trial, which includes a fair opportunity to give the best evidence. It reviews some statutory provisions that have been introduced to assist defendants through the amendment of the Youth Justice and Criminal Evidence Act 1999 and the Criminal Procedure Rules. It also emphasizes the availability of special measures to a defendant through the use of live link and the use of an intermediary. The chapter covers the inherent common law powers of the court in choosing how to regulate a criminal trial. It considers the Divisional Court, which identified an inherent jurisdiction to direct that the accused be assisted by an intermediary in giving their evidence.
Age of Offender
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter highlights the powers of the court on sentence that depend upon the age of the offender. It explains that the relevant age is the defendant’s age on the date of conviction and the date on which they plead guilty or are found guilty. It also talks about an offender that crosses a significant age threshold between the date of the commission of the offence and the date of conviction. The chapter considers the sentence that the defendant would receive if they had been sentenced at the date of the commission of the offence as the starting point for the court when an offender reaches a certain age. It describes occasions when an increase in the age of a child or young person will result in the maximum sentence on the date of the finding of guilt.
Bind Over
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter emphasizes how any person before the court can be bound over. It explores the common law powers of the court to do a bind over of its own motion as a measure of preventive justice where the person’s conduct amounts to a breach of the peace involving violence. It also reviews MCA 1980, s 115, which provides a magistrates’ court with the power to bind over to keep the peace or be of good behaviour following a complaint. The chapter details how a bind over can only be made by consent and the court should give the person who may be subject to the bind over the opportunity to make representations. It talks about refusal to consent that can result in committal to prison in the case of an adult but there is no such power for a youth.
Previous Convictions
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter focuses on the consideration of the court of the seriousness of an offence committed by an offender who has one or more relevant previous convictions. It emphasizes how the court must treat each relevant previous conviction as an aggravating factor, particularly the nature of the offence to which the relevant previous conviction relates and its relevance to the current offence and the time that has elapsed since the relevant previous conviction. It also explains how the court treats a relevant previous conviction as an aggravating factor by stating in open court that the offence is so aggravated. The chapter discusses a sentence that follows re-offending, which does not need to be more severe than the previous sentence as there had been a previous conviction. It mentions the absence of previous convictions that may affect the sentencing powers of the court.
Reparation Order
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter informs that reparation orders have been abolished by the Police Crime Sentencing and Courts Act 2022, s 162, as of 28 June 2022.