bluuebunny/crossref_metadata_2025 huggingface dataset:
Pendulum air movement: A second try
Authors: Matthys Robert James
Published: January 2010

Air drag is the biggest energy loss in a pendulum. The bob generates most of the air drag because of its large size and its location at the end of the pendulum rod. In this chapter, the movement of air around four different pendulum bobs is shown by white smoke in a series of pendulum photographs. The photos provide general information on airflow around the pendulum bob, but not much specific information that can be used to reduce the air drag and the pendulum's energy losses. Changing from a cylindrical to a spherical bob shape will reduce the energy losses and improve the pendulum's Q by 6-20%. But it takes about twice as much material (doubling the cost) and about four times as much effort to make a spherical bob as it does to make a cylindrical one. The best solution is to operate the clock in a vacuum chamber, although vacuum chambers have problems of their own.
Sonine Polynomials Expansion of The Velocity Distribution Function
Authors: Brilliantov Nikolai V. , Pöschel Thorsten
Published: January 2010

The velocity distribution of function of a granular gas is different from the Maxwell distribution. It may be represented in the form of a Sonine polynomials expansion. This chapter shows that the coefficients of this expansion describe the moments of the velocity distribution function. The first non-trivial Sonine coefficient a2 is of particular interest for the gas kinetics.
Velocity Distribution Function and Temperature for Viscoelastic Particles
Authors: Brilliantov Nikolai V. , Pöschel Thorsten
Published: January 2010

This chapter shows that for granular gases of viscoelastic particles, the shape of the velocity distribution function cannot be described by a time-dependent function. Instead, it evolves along with decaying temperature. Its complicated time dependence allows the definition of the age of a granular gas.
Nonlinear Mechanisms of Structure Formation
Authors: Brilliantov Nikolai V. , Pöschel Thorsten
Published: January 2010

The enslaving temperature by the shear mode leads to an inverse dependence of pressure on density, that is, to a clustering instability. This chapter shows that for a granular gas of viscoelastic particles, the conditions of temperature enslaving by the shear mode are not satisfied after a period of gas evolution.
Methods in Theoretical Quantum Optics
Authors: Barnett Stephen M. , Radmore Paul M.
Published: January 2010

This book provides a firm grounding in those techniques needed to derive analytic solutions to relevant model problems. The book begins with a brief review of the mathematical foundations of quantum theory, especially those relevant to the description of atoms and optical fields and their coherent interactions. The following chapters treat the operators and states required, the rules for manipulating these, and the techniques commonly employed for calculating their statistical properties. A chapter is devoted to the important topic of dissipative processes and to the effects that these have on quantum optical systems. The final chapter discusses dressed states, that is, the eigenstates of interacting systems, including those that are dissipative. Fourteen short appendices summarize the more important topics in mathematics required in the book or present the lengthier calculations not included in the chapters. A selective bibliography is given at the end of the book.
Dissipative Processes
Authors: BARNETT STEPHEN M. , RADMORE PAUL M.
Published: January 2010

This chapter treats dissipation arising from coupling to the environment. Problems treated include photoionization, spontaneous emission, and cavity damping. A short-time perturbative analysis leads to decay of a single state coupled to a continuum at a rate determined by Fermi's golden rule. For longer times a non-perturbative solution of the amplitude equations leads to Weisskopf–Wigner decay. The final value theorem provides a simple method for obtaining the final state spectrum without first solving for the dynamics. A Heisenberg picture analysis leads to operator Langevin equations in which environment operators introduce quantum noise. A parallel analysis is possible working in the Schroedinger picture and leads to a master equation for the density operator of the damped system. This is solved to provide a complete description of the influence of dissipation on the system of interest. It is sometimes simpler to solve directly for the evolution of the field statistics.
Introduction to Lagrangian Mechanics
Authors: Johns Oliver
Published: January 2010

If modern mechanics began with Isaac Newton, modern analytical mechanics can be said to have begun with the work of the 18th-century mathematicians who elaborated his ideas. Without changing Newton’s fundamental principles, Leonhard Euler, Pierre-Simon Laplace, and Joseph Louis Lagrange developed elegant computational methods for the increasingly complex problems to which Newtonian mechanics was being applied. The Lagrangian formulation of mechanics is, at first glance, merely an abstract way of writing Newton’s second law: the law of angular momentum. This chapter discusses Lagrangian mechanics as well as configuration space, Newton’s second law in Lagrangian form, arbitrary generalised coordinates, generalised velocities in the q-system, generalised forces in the q-system, expression of Lagrangian mechanics in the q-system, invariance of the Lagrange equations, generalised momenta in the q-system, ignorable coordinates, generalised energy function, generalized energy and total energy, and velocity dependent potentials.
Relativistic Mechanics
Authors: Johns Oliver
Published: January 2010

It was apparent from its beginning that special relativity developed as the invariance theory of electrodynamics would require a modification of Newton’s three laws of motion. This chapter discusses that modified theory. The relativistically modified mechanics is presented and then recast into a fourvector form that demonstrates its consistency with special relativity. Traditional Lagrangian and Hamiltonian mechanics can incorporate these modifications. This chapter also discusses the momentum fourvector, fourvector form of Newton’s second law, conservation of fourvector momentum, particles of zero mass, traditional Lagrangian and traditional Hamiltonian, invariant Lagrangian, manifestly covariant Lagrange equations, momentum fourvectors and canonical momenta, extended and invariant Hamiltonian, manifestly covariant Hamilton equations, the Klein-Gordon equation, the Dirac equation, the manifestly covariant N-body problem, covariant Serret-Frenet theory, Fermi-Walker transport, and example of Fermi-Walker transport.
Generating Functions
Authors: Johns Oliver
Published: January 2010

In the previous chapter, several conditions were given that could be used for testing transformations to see whether they were canonical or not. But no methods, other than trial and error, were given for actually creating the canonical transformations to be tested. In this chapter, methods for creating transformations that will automatically be canonical are presented. Canonical transformations can be created by first choosing what are called generating functions. Using one of these generating functions in the formalism to be described will generate a transformation that will be canonical by construction. The generating functions can be quite general, leading to a wide selection of possible canonical transformations. This chapter also discusses proto-generating functions, examples of generating functions, mixed generating functions, simple generating functions, traditional generating functions, standard form of extended Hamiltonian recovered, differential canonical transformations, active canonical transformations, phase-space analog of Noether theorem, and Liouville theorem.
Molecular Aggregation
Authors: Gavezzotti Angelo
Published: January 2010

Intermolecular interactions stem from the electric properties of atoms. Being the cause of molecular aggregation, intermolecular forces are at the roots of chemistry and are the fabric of the world. They are responsible for the structure and properties of all condensed bodies — the human body, the food we eat, the clothes we wear, the drugs we take, the paper on which this book is printed. In the last forty years or so, theoretical and experimental research in this area has struggled to establish correlations between the structure of the constituent molecules, the structure of the resulting condensed phase, and the observable properties of any material. As in all scientific enterprise, the steps to follow are analysis, classification, and prediction, while the final goal is control; which in this case means the deliberate design of materials with specified properties. This last step requires a synthesis and substantial command of the three preceding steps. This book provides a brief but accurate summary of all the basic ideas, theories, methods, and conspicuous results of structure analysis and molecular modelling of the condensed phases of organic compounds: quantum chemistry, the intermolecular potential, force field and molecular dynamics methods, structural correlation, and thermodynamics. The book also exposes the present status of studies in the analysis, categorisation, prediction, and control, at a molecular level, of intermolecular interactions in liquids, solutions, mesophases, and crystals. The main focus here is on the links between energies, structures, and chemical or physical properties.
Crystal symmetry and X-ray diffraction
Authors: GAVEZZOTTI ANGELO
Published: January 2010

The study of crystal symmetry started as a study of the symmetry of macroscopic crystalline objects, mostly minerals. When it was realised that external symmetry reflected the internal symmetry of the disposition of atoms and molecules within the crystal, mathematical methods were applied to the classification of all possible combinations of symmetry operations under the condition of periodic translational repetition, within the framework of group theory. The study of molecular crystals from a structural point of view requires neither abstract lattices nor group theory. This chapter discusses bottom-up crystallography, space group symmetry and its mathematical representation, scattering by one or two charge points, the atomic scattering factor, the molecular structure factor, the structure factor for infinite periodic systems, Miller indices and Bragg's law, and the electron density in a crystal. Some examples in which X-ray diffraction is used to study the internal structure of a condensed phase are given.
Periodic systems: Crystal orbitals and lattice dynamics
Authors: GAVEZZOTTI ANGELO
Published: January 2010

A molecular crystal is an array of molecular objects related by symmetry operations, including pure translation: a system endowed by periodic translational symmetry. This chapter considers atomic orbitals and the crystal orbital approach for the construction of the periodic wavefunction and electron density of a crystal, and for the derivation of its electronic structure, as well as the description of periodic collective molecular oscillations, in an approach which has appropriately been called lattice dynamics. The mathematical description of crystal periodicity is discussed, along with equivalent positions and systematic absences in diffraction patterns, reciprocal space, wave vector, Brillouin zone, Bloch functions, the electronic structure of solids, band structures, electronic density of states, lattice vibrations, periodic vibrations in infinite crystals, and measurement of lattice-vibration frequencies.
Epilogue: A theory of crystallization?
Authors: GAVEZZOTTI ANGELO
Published: January 2010

In molecular crystallisation there are no first-rate laws, very few second-rate laws and many third-rate laws. The first-rate laws of thermodynamics become in such a context third-rate laws because the concept of phase is ill-defined in most if not all of the transformations involved in the evolution from a disperse molecular system to a molecular aggregate. There is a wide gap between the ever increasing ease with which the aggregation and crystallisation phenomenon can be studied thanks to calorimetry, X-ray diffraction, nuclear magnetic resonance, atomic force microscopy, molecular simulation, and the degree of understanding and control that may be gained from these experiments. If even laws are weak, the way to a theory seems even more problematic. This chapter examines whether a theory of crystallisation currently exists, laws and theories in chemistry, stages of molecular aggregation in oligomers, nanoparticles and mesoparticles, aggregation of macroscopic crystals, and the thermodynamics, kinetics, and symmetry of molecular aggregation.
Introduction
Authors: LUCY WILLIAM
Published: January 2010

This introductory chapter situates the question about the nature of private law and the philosophical responses to it by doing two things. First, and somewhat predictably, by attempting to define key terms. It clarifies the meaning of ‘philosophy’ and then elucidates the meaning of ‘private law’. It then sketches the contours of contemporary philosophy of private law and the structure of the book.
Wrongfulness
Authors: LUCY WILLIAM
Published: January 2010

This chapter examines the issue of wrongfulness in private law. While maintaining that wrongfulness is a crucial component of liability-responsibility in private law, it delineates its two dimensions and considers whether private law wrongs are anything more than ‘merely legal’ wrongs.
Corrective Justice
Authors: LUCY WILLIAM
Published: January 2010

This chapter elucidates and evaluates three matters that any corrective justice account of the normative foundation of private law must address. The first two matters raise the key issues identified in the last chapter, since they concern the adequacy with which each account plays the role of normative foundation and the nature of the obligation to correct. The third matter is, however, more specific. It examines what both Weinrib and Coleman have to say about the relationship between corrective and distributive justice.
1. Structural Foundations
Authors: IBBETSON D. J.
Published: January 2010

This chapter begins with a discussion of liability for wrongdoing, showing how it became focused on the causation of loss. This became the general central feature of the action of trespass, and it has remained the central feature of the English law of tort. The chapter then discusses Glavill and the law of debt and covenant and a law of contract.
6. Tort, Property, and Reputation: The Expansion of the Action on the Case
Authors: IBBETSON D. J.
Published: January 2010

This chapter discusses the development of nominate torts to protect property interests and reputation. From its earliest roots, the action of trespass protected property rights. So long as there had been an invasive interference, a ‘trespass’ in the modern legal sense of the word, an action would lie against the alleged wrongdoer. The difficulty with the use of these trespassory remedies was that in theory, they provided the successful plaintiff with damages rather than the land in issue. This was sidestepped in the 16th century by the use of the action of ejectment, an action designed to protect the lessee rather than the freeholder, in which specific recovery of the land could be achieved.
13. The Decline of the Will Theory: Legal Regulation and Contractual Fairness
Authors: IBBETSON D. J.
Published: January 2010

This chapter discusses the decline of the Will Theory. Continental and transatlantic scholars took the lead the gradual erosion of confidence in the Will Theory and doctrines derived from it. As an intellectual structure the Will Theory was too brittle to bear the weight placed on it, it did not fit easily with commercial practice, and its fundamental idea of party autonomy clashed with widely held principles of social justice. Despite tentative attacks, the main doctrines associated with the Will Theory survived; but they were overlaid with new principles, most importantly those generated by considerations of fairness and justice, and in places the older ideas were reinterpreted in the light of the new.
Introduction
Authors: ALVAREZ JOSÉ E.
Published: January 2010

This chapter discusses the concept of ‘International Organizations’ and the reasons for the book's focus on them. International Organizations tend to share characteristics that make legal generalization possible, form a cognizable subject because they more readily fit the categories that lawyers are comfortable using, and are usually accorded ‘international legal personality’ due to their quasi-government status. It also provides definitions of International Organizations and details an intellectual history on their origins. Establishment of international organizations should be by international agreement between states, of at least one organ distinct from member states and capable of so acting, and under international law. The following viewpoints can be used to study the history of International Organizations: functionalist theories, realism, disaggregationists, critical theory, and constructivism. The chapter ends with a discussion of lawyers and the competing schools of thought on International Organizations.
Dispute Settlement by “Non-judicial” Actors
Authors: ALVAREZ JOSÉ E.
Published: January 2010

This chapter discusses dispute settlement by ‘non-judicial’ actors within the United Nations and in other international organizations. Adjudicative activity within international organizations is frequently a three-ring circus in which all the non-judicial or political components of the institution are involved: the ‘executive’ organ with limited membership, its plenary body, ad its Secretariat. Within the United Nations, ‘non-judicial’ actors include the Security Council, the United Nations Compensation Commission, the General Assembly, the Secretary-General, the Human Rights Commission, and the Secretariat. ‘Non-judicial’ actors in other international organizations include regional organizations, the International Monetary Fund, the International Civil Aviation Organization, and other United Nations specialized agencies. The chapter also illustrates through example how international organizations in non-judicial settings have engaged in dispute settlement. It also enumerates, through necessarily selective examples in distinct institutions, the possibilities for wider normative impact.
Industrial Organization as Networks
Authors: Thompson Grahame F.
Published: January 2010

This chapter looks at the industrial organisation as networks, focusing on interorganisational networks. Some theoretical issues raised by interorganisational networks are discussed, including questions of the limits of an institutional analysis, knowledge with respect to these kinds of networks, the role of complementary and self-organisation, evolutionary approaches to networks, and problems associated with embeddedness and variety production that they pose. The chapter also explores how the network model has been deployed in the specification and analysis of the relationships between firms and other agents that occupy the microeconomic field of economic organisation. The strengths of networks as opposed to other mechanisms of socio-economic coordination, like markets and hierarchies, in organising inter-firm relationships are also considered, along with cooperation and trust between main firms and their subcontractors and suppliers, knowledge and innovation in networks, whether knowledge networks are effective as institutions, neural networks, venture capital and networking, and the evolution, biology, complexity, and self-organisation of networks.
Harrogate, Cheltenham, Bradford
Authors: Lacey Nicola
Published: January 2010

This chapter details the childhood and family life of H. L. A. Hart. Both of Herbert Hart's parents came from families which had moved to England from central Europe during the course of the late 18th and 19th centuries. The Harts' decision to move away from the much denser Jewish community of East London, and to locate themselves in this very Anglo-Saxon environment, provides some important clues to their own ambitions and to their attitude to their Jewish identity, and to the attitudes with which their four children — Albert, born in 1901, Reggie, in 1902, Herbert, in 1907, and Sybil, in 1915 — were brought up. Even as a child, Herbert's sensitivity gave him a clear view of the vulnerability which underlay the surface orderliness of the adult world, while his outsider's eye and sense of fun lent irony to his perception of Edwardian society.
Discipline, Punishment, and Responsibility
Authors: Lacey Nicola
Published: January 2010

This chapter focuses on H. L. A. Hart's successful career, which had reached its pinnacle with a remarkable list of achievements behind him, and at this point he was still a decade away from the Oxford retirement age of 67. Hart was set for a period of flourishing intellectual creativity in which he would continue to shape the field of English jurisprudence which he already dominated. Beyond Oxford, Hart continued to shape his field through active soliciting of manuscripts for the Clarendon Series. He was reaching a wide academic audience with his publications. In spite of his resolution while in Israel to counter his increasing sense of fatigue by travelling less, he was making frequent trips to lecture at other universities in Britain and abroad. And he was addressing a broader audience through his lecturing and broadcasting on criminal law reform and the abolition of capital punishment.
Animal Trade and Ownership
Authors: Adams Colin
Published: January 2010

This chapter assesses the evidence for animal trade and markets in Roman Egypt, and deploys the unique evidence of Egypt, focussing on two small archives of documents relating the exploits of animal traders. It shows that there were particular markets for animals at various locations, specializing in animal trade. It discusses evidence for prices, and argues that, although ownership of animals was common, the cost did put animals beyond the means of the lowest socio-economic classes, and that they and even the wealthy, developed strategies for owning or using animals, including part-share arrangements and animal hire. Investment in animals as capital is also discussed, as is the evidence for the branding of animals in order to protect ownership rights.
Transport and the Land Economy
Authors: Adams Colin
Published: January 2010

Transport was of fundamental importance to agriculture, the main economic activity in the ancient world. This chapter analyses evidence in the papyrological record for the use of animals in agriculture, from owners of the largest estates of Egypt to the humble fellahin. A number of important archives preserve extremely valuable evidence for estate management, and show that strategies to keep capital investment in animals to a minimum were employed, and additional animals were at busy times in the agricultural year. Such economic rationalism was not confined to the owners of large estates, but can also be seen at the lowest socio-economic levels, where farmers may share animals. The chapter also considers what impact specialization in transport as an occupation might have on farming.
The Jurisdiction of International Institutions and Tribunals
Authors: SHELTON DINAH
Published: January 2010

This chapter considers the jurisdiction and competence of the various international institutions and tribunals to afford redress with respect to human rights. Close to a dozen international procedures allow victims to denounce violations of their human rights by a state party to the relevant treaty. To enhance compliance with the human rights obligations contained in the United Nations Charter, public and private procedures address gross and systematic violations of internationally recognised human rights and thematic rapporteurs or working groups appointed by the UN Commission on Human Rights accept complaints or information about violations of specific human rights. Regional systems in Europe, the Americas, and Africa parallel and extend the global efforts. Petitions may be filed only after all effective local remedies have been exhausted and within a limited period following a final judgment of the competent local tribunal. The state thereby is given an opportunity to redress its own violations.
Procedural Issues
Authors: SHELTON DINAH
Published: January 2010

International tribunals have adopted rules and decided cases setting forth the procedural requirements to claim remedies, including standing to file claims and presentation of claims. This chapter reviews the rules and case law on these issues. International tribunals have used their implied powers to ensure that the term ‘victim’ or ‘injured party’ is interpreted to achieve the goal of wiping out the consequences of the harm, even where the consequences are collateral to the immediate injury. In so doing, the Inter-American Court has developed a practice of dividing awards among survivors according to its own view of appropriate succession. This practice unsettles the legitimate expectations of individuals living within a specific legal system that establishes who are their heirs and successors. It also divests spouses of a portion of their marital property. The Court should reconsider its practice.
Non-Monetary Remedies
Authors: SHELTON DINAH
Published: January 2010

Non-monetary awards can be difficult to adjudicate, formulate, administer, and enforce. They are also more invasive of state sovereignty. When deciding whether to order a political body to act, courts may ask whether it will be difficult or impossible to secure compliance, probably speculating about this more often at the international level where the courts are relatively young and the habit of compliance is not yet ingrained. Disobedience may cause the court to lose prestige, and provide a disincentive to others to accept the court's jurisdiction. The risk of non-compliance may make courts reluctant to issue an order, especially because the wrongdoer has already shown a disregard for the substantive law. When, however, a court considers the likelihood of obedience in adjudicating remedies, it improperly places the victim's rights at the mercy of defendant's obduracy.
Gross and Systematic Violations
Authors: SHELTON DINAH
Published: January 2010

Remedies for gross and systematic violations of human rights differ because of the quality and quantity of the violations. When there are thousands of victims needing justice, both the procedures and the substance inevitably alter. Administrative solutions like sampling or summary procedures can assist in affording swifter resolution of claims for compensation. In most instances of mass violations, however, compensation is not the primary emphasis. Society as a whole and all of the victims need to be fully informed of the truth so that those who suffered and society itself can be rehabilitated. Loss of reputation can be as costly to the individual in esteem and self-worth as any pecuniary loss. Symbolic reparations, through recognition by the government of the wrongs done, are an important element in restoring human rights and the rule of law.
2 Subject-Matter Jurisdiction and Applicable Law – Customary International Law and Treaty Law?
Authors: Mettraux Guénaél
Published: January 2010

The statutes of the ad hoc tribunals created for the former Yugoslavia and Rwanda, the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), respectively, contain not much more than the skeletons of the crimes that are within their jurisdictions. The definitions of those crimes and the application of the law of international crimes in general, therefore, call for further refinements to be made by the Court which has been entrusted by the Security Council with the task of applying the Statute whilst ensuring that it was not thereby legislating new international law. This chapter discusses the tribunals’ jurisdiction ratione materiae and jurisdiction ratione personae.
3 Identifying Customary International Law and the Role of Judges in the Customary Process
Authors: Mettraux Guénaél
Published: January 2010

Just as it is for judges of the ad hoc tribunals created for the former Yugoslavia and Rwanda to weigh the evidence of the facts relating to the alleged crimes when assessing the guilt or innocence of an accused, it is for them to evaluate the extent to which a rule may be said to exist under customary international law in light of existing state practice and opinio juris. As with the weighing of evidence, identifying customary international law is no exact science. And the finding that a norm does indeed form part of customary law must merely be the most reasonable conclusion based on the best available evidence of the existence or non-existence of that rule. International criminal law may owe more to judges than any other part of international law.
7 Grave Breaches of the 1949 Geneva Conventions
Authors: Mettraux Guénaél
Published: January 2010

Each of the four Geneva Conventions of August 12, 1949 contains a ‘grave breaches’ section, each differing from other categories of war crimes in at least two important respects. First, grave breaches only apply to armed conflicts of an international character (or to a state of occupation) and not to internal armed conflicts. The second main characteristic of the grave breaches regime concerns the status of those protected by it, in that the protection afforded thereunder is limited to specific categories of individuals (‘protected persons’) and properties (‘protected properties’). This article discusses the chapeau elements of war crimes contained in the statute of the ad hoc tribunal for the former Yugoslavia which constitute grave breaches of the Geneva Conventions, including wilful killing, torture and inhuman treatment including biological experiments, wilfully causing great suffering or serious injury to body or health, and wilfully depriving a prisoner of war or a civilian of the rights of a fair and regular trial.
10 Crimes against Humanity in the Statutes of the ad hoc Tribunals
Authors: Mettraux Guénaél
Published: January 2010

The ad hoc tribunals created for Rwanda and the former Yugoslavia have had an immense influence on the law of crimes against humanity. In essence, the definition of crimes against humanity as identified by the two tribunals consists of two superimposed layers. The first layer contains the chapeau elements or general requirements of the offence, whereas the second layer consists of one of the listed underlying offences, such as torture or murder. The statute of the tribunal for the former Yugoslavia requires (whilst the statute of the tribunal for Rwanda does not) that crimes against humanity must be committed in armed conflict, whereas the statute of the tribunal for Rwanda (but not for the former Yugoslavia) requires that crimes against humanity must involve national, political, ethnic, racial, or religious discrimination.
13 Genocide and International Criminal Tribunals
Authors: Mettraux Guénaél
Published: January 2010

The concepts of ‘genocide’ and ‘crimes against humanity’ essentially arose as a reaction to the crimes committed by Nazi Germany during the Second World War. Perhaps even more than crimes against humanity, genocide has continued to be associated in popular imagination with the Holocaust. It is somewhat paradoxical therefore to observe that the events which came to best illustrate this crime were in fact so neglected in the judgment of the International Military Tribunal in Nuremberg. This chapter discusses the indictment presented by the prosecution to the tribunal against perpetrators of crimes during the Holocaust, the contribution of the ad hoc tribunals for the former Yugoslavia and for Rwanda to the law of genocide, and the International Criminal Court’s approach to genocide.
15 Underlying Offences
Authors: Mettraux Guénaél
Published: January 2010

Articles 4(2)/2(2) of the statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia say that genocide means any of the following acts committed with intent to destroy in whole or in part, a national, ethnical, racial or religious group, as such, and then go on to list the following acts: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group (sexual mutilations, sterilisation, forced birth control, separation of the sexes, and prohibition of marriages); forcible transfer of children of the group to another group. This chapter also examines whether the list of crimes provided for in Articles 4(2)/2(2) of the statutes is exhaustive, or whether other underlying offence may qualify as genocide if the perpetrator bears the required mens rea.
22 Convictions Under Articles 7(1) and 7(3) of the ICTY Statute and Articles 6(1) and 6(3) of the ICTR Statute
Authors: Mettraux Guénaél
Published: January 2010

If the conditions of liability required by both Articles 7(1)/6(1) and 7(3)/6(3) of the statutes of the ad hoc tribunals for the former Yugoslavia and for Rwanda, respectively, are met, could the accused then be found responsible for taking part in the commission of this crime as well as failing in his duty to prevent or punish it? While Articles 7(1)/6(1) sanction an individual’s involvement in the commission of a crime, Articles 7(3)/6(3) punish the superior’s failure to fulfil his obligations as a commander which are specifically placed upon any superior or commander. In order to show the totality of his guilt while not convicting him twice for the same acts, the appeals chamber said that an accused who meets the requirements of both Article 7(1) and Article 7(3) of the statute for the Yugoslav tribunal should be convicted pursuant to Article 7(1) whilst his position as a superior should be regarded as an aggravating factor for sentencing.
23 Cumulative Charging and Cumulative Convictions
Authors: Mettraux Guénaél
Published: January 2010

When deciding to indict an individual for serious violations of humanitarian law, the prosecutors of the ad hoc tribunals for Rwanda and the former Yugoslavia enjoy a great deal of discretion in the choice of charges that they may bring against an accused. However, the choice of the prosecutor when charging an accused is also dictated by particular policy choices. It is clear that, where the accused has been convicted cumulatively in relation to the same conduct, and because the fact of cumulative conviction may in itself constitute a form of punishment, the court must take the fact of cumulative conviction into account so that the final or aggregate sentence reflects the totality of the criminal conduct and overall culpability of the offender so that he is not prejudiced by reason of the multiple convictions entered against him on the basis of the same facts.
Pedagogy, Fiction, and the Art of Renunciation: Wilhelm Meister’s Journeymanship, or the Renunciants
Authors: Bell Michael
Published: January 2010

This chapter shows how Goethe's much later Wilhelm Meister novel presses even more radically the critique of Wilhelm's Bildung. It becomes not just a critique of Wilhelm, but a renunciation of his very ideal of rounded humanistic culture. Following hints in the last book of the Apprenticeship, Wilhelm rejects theatre for the pursuit of medical science as his contribution to the Society of the Tower of which he is now a member. The later book advocates acceptance of specialisation as the best form of personal development in modernity, avoiding the seductive illusions of dilettantism. Meanwhile the book itself, renouncing narrative authority and the more accessible attractions of the earlier novel, derives its material, largely as a series of sub-narratives, from the archive of the Society. Thematically, it concentrates on the follies of parenthood and middle age while its aphoristic wisdom is constantly bracketed with self-undercutting irony.
Bacchylides
Authors: Fearn David
Published: January 2010

This book combines close literary analysis of Bacchylides' poetry with detailed discussion of the central role poetry played in a variety of differing political contexts throughout Greece in the early 5th century BC. In Bacchylides' praise poetry, it is argued, the poet manipulates a wide range of earlier Greek literature not only to elevate the status of his wealthy patrons, but also to provoke thought about the nature of political power and aristocratic society. New light is also shed on Bacchylides' Dithyrambs, through detailed discussion of the evidence for the kuklios khoros (‘circular chorus’) and its relation to a variety of different religious festivals, especially within democratic Athens. The links created between literary concerns and cultural contexts reinvigorate these underappreciated poems and reveal their central importance for the self-definition of political communities.
Contexts
Authors: FEARN DAVID
Published: January 2010

This chapter considers some other contexts in which Bacchylides' Dithyrambs were originally performed. It begins with Bacchylides 20 and Sparta, a case where performance by a kuklios khoros remains only a possibility. It then moves on to cases where kuklioi khoroi are fully documented, in preparation for a full treatment of Bacchylides 15 in the final chapter.
Bacchylides 15: Troy in Athens
Authors: FEARN DAVID
Published: January 2010

This chapter argues that Bacchylides 15, which narrates part of the embassy of Menelaos and Odysseus to Troy, discusses matters of fundamental concern to the city of Athens through a twin engagement: through performance, with the cult of Athena; textually, with Homer and Solon, both poets regarded as Athenian cultural treasures at the time of Bacchylides' composition. Performative and textual engagements, taken together, opens the way for a more excursive exploration of issues relating to Athenian cult and performance culture, and the issue of the security of poleis that the poem addresses, by way of the implicit parallel drawn between Athens and Troy, the site of the poem's narrative.
Quantum communication with entanglement
Authors: Vedral Vlatko
Published: January 2010

This chapter discusses some of the ways in which quantum entanglement can be used for quantum communication. Suppose Alice and Bob share an entangled state: they can use it for dense coding, in which Alice sends Bob just one qubit of an entangled pair, which delivers two bits of classical information. Alice and Bob can also use an entangled state for teleportation, in which a qubit in a unknown quantum state is teleported from Alice to Bob when Alice sends Bob two classical bits. Entanglement swapping is an example of a tripartite communication protocol. If Alice and Bob share entanglement, and Bob and Charlie share entanglement, entanglement swapping can be used to entangle Alice and Charlie. Even if Alice and Bob are entangled, Alice cannot communicate with Bob without sending him classical bits or qubits, which prevents Alice and Bob from breaking the laws of relativity. This chapter also discusses Pauli matrices and the extension of Hilbert spaces.
Quantum entanglement—introduction
Authors: Vedral Vlatko
Published: January 2010

The Mach–Zehnder interferometer experiment described earlier shows why and how quantum mechanics is different from classical mechanics. A photon sent through a beam splitter behaves like a particle when it is observed by only one of the two detectors. When two beam splitters are used, the photon “interferes with itself” and behaves like a wave. This is the so-called wave-particle duality of quantum mechanics which leads to quantum entanglement. This chapter discusses quantum superpositions when two or more particles are present. Understanding and analysing entanglement is one of the most interesting directions in the field of quantum information. First, a historical background of quantum entanglement is given, followed by a discussion on Bell's inequalities, separable states that do not violate Bell's inequalities, pure states that violate Bell's inequalities, mixed states that do not violate Bell's inequalities, and entanglement in second quantisation.
7 Religion in the Theatre
Authors: Parker Robert
Published: January 2010

In ancient Greece, plays were performed at public religious festivals, and there are few tragedies that do not contain a reference to a god or gods in the first twenty lines. The cultural context of the two forms of drama is clearly very different; and in the case of Attic, it is sensible to ask what relation exists between the plays and public religion. The more important genre is tragedy, but comedy also receives some attention. At a mundane level, one can study the extent to which the religious world of tragedy resembles that of contemporary Athens, and can thus be exploited by the historian as a source. The tragedies have reflected, but must also have shaped, the religious experience of the citizens, of which they formed a part. The theatre, it can be argued, was the most important arena in Athenian life in which reflection on theological issues was publicly expressed.
Constitutional Principles: Political Rights
Authors: BRUDNER ALAN
Published: January 2010

This chapter discusses the shape of the political rights generated by the constitution of liberty — in particular, the contours of the right to political speech, election spending, and equality. It contrasts the rightful limits of civil and political speech; and it argues that the rightful limits of political speech vary depending on whether speech accepts the ruling conception of public reason and merely criticizes the ruler's specification thereof or criticizes the ruling conception itself. It explains the libertarian right to equality as a right to be ruled by laws embodying mutual respect for freedom of choice. The meaning of this right is spelled out, and the shortcomings of the libertarian conception of equality are discussed. Finally, the chapter argues that the libertarian conception of public reason collapses into either majoritarian, judicial, or founders' despotism, giving way to a better conception informing a new constitutional paradigm: egalitarian liberalism.
The Liberal Duty to Recognize Cultures
Authors: BRUDNER ALAN
Published: January 2010

How can liberal states respect the ways of cultural communities without surrendering the authority of liberal public reason? How can cultural communities recognize the authority of liberal public reason without surrendering their moral independence? This chapter argues that a liberal duty to recognize cultures can be reconciled with strong constraints on a culture's practices that do not appear to nonliberal cultures as alien impositions. Cultural membership is a liberal good because it is a source of individual worth. Yet it is insufficient for individual worth because it fails to satisfy the autonomous personality that cultures themselves partially recognize. The good of culture is thus a constituent element of the community sufficient for dignity, which also promotes self-authorship. This framework is applied to delimit both a liberal state's authority to restrict liberty for the sake of cultural survival and its duty to accommodate the nonegalitarian practices of a cultural group.
Introduction
Authors: GREEN STUART P
Published: January 2010

This introductory chapter begins with a discussion of the moral complexity and uncertainty associated with white-collar crime. It presents two recent cases of alleged criminality to illustrate these issues: the case of Tom DeLay and the case of Bill Clinton. An overview of the three parts of the book is presented.
Disobedience
Authors: GREEN STUART P
Published: January 2010

Having considered the concepts of cheating, deception, stealing, coercion, exploitation, disloyalty, and promise-breaking, the discussion now turns to the final moral norm, that against disobedience. This is undoubtedly the most controversial of the moral norms that we are considering and many are skeptical that disobedience to the law is a form of moral wrongfulness in the first place, let alone the kind that should justify penal sanctions. This chapter dispels some of this skepticism and makes the case that disobedience to the law is a potentially relevant consideration in assessing the moral content of certain white-collar and regulatory crimes.
Perjury
Authors: GREEN STUART P
Published: January 2010

At common law, perjury was considered one of the most odious of offenses. According to William Hawkins, perjury ‘is of all Crimes whatsoever the most Infamous and Detestable’. Under the Code of Hammurabi, the Roman law, and the medieval law of France, the punishment for bearing false witness was death; in the colony of New York, punishment included branding the letter ‘P’ on the offender's forehead. In recent studies of public attitudes toward crime, perjury continues to be viewed as a very serious offense. This chapter shows exactly what it is that makes perjury morally wrong, and how the contours of such moral wrongfulness shape the contours of the legal doctrine by which the crime is defined. It explains how an understanding of the underlying moral concept of ‘lying’ illuminates our understanding of the perjury case against Bill Clinton that was first mentioned in the Introduction.
Bribery
Authors: GREEN STUART P
Published: January 2010

Bribery has a claim to being the quintessential white-collar crime: its perpetrators are typically upper-income professionals; it is invariably committed in the context of governmental or commercial activities; its harms are subtle and often attenuated; its victims are difficult to detect; and, often, the only thing that separates bribery from legitimate ‘gifts’ is a hard-to-prove mental element of willfulness or, even more obscurely, ‘corruption’. The potential for moral ambiguity in the crime of bribery is illustrated by the case of House Majority Leader Tom DeLay, who allegedly told Congressman Nick Smith that, in return for his vote for President George W Bush's Medicare bill, they would give his son, Brad, substantial financial and political support in his congressional campaign. The question is: was this bribery or just political log-rolling? This chapter uses this and other problematic cases to analyze two more foundational issues: (1) why is bribery morally wrong?; and (2) where should the outer limits of the offense lie?
The Structure of Criminal Responsibility
Authors: TADROS VICTOR
Published: January 2010

This chapter is concerned with some of the distinctions that are central to our understanding of criminal responsibility. These include the distinction between offences and defences as well as the categorisation of defences. It is argued that the condemnatory function of the criminal law, rather than its role in guiding conduct, is central to understanding the distinction between offences and defences. And it is argued that defences are best separated into three categories: exemptions, justifications, and excuses.
Exemptions from Criminal Responsibility: Natural, Social and Political
Authors: TADROS VICTOR
Published: January 2010

There are different kinds of exemptions from criminal responsibility that are available. Some, such as diplomatic immunity are primarily political in nature. Others are based on the fact that the defendant does not have the capacity to be regarded as a responsible agent. This latter kind of exemption is the main focus of the chapter. It is argued that claiming an exemption from responsibility need not be demeaning to the defendant, and that many exemptions have both natural and social origins.