bluuebunny/crossref_metadata_2025 huggingface dataset:
Lower limb osteomyelitis
Authors: Khan Umraz
Published: February 2023

Osteomyelitis in the lower limb can occur either as the consequence of haematogenous spread to the bone or via direct inoculation of the bone following trauma or surgery. Bone infection causes bone destruction via direct consequence of inflammation and ischaemia. Assessment includes staging of both the lesion and patient. As the effect of the osteomyelitis perpetuates the local conditions that favour ongoing infection, it is difficult to eradicate without surgery and antibiotic therapy. These often complex patients are best managed by specialist multidisciplinary services.
Local and free flap abdominal wall repair
Authors: Lohn Jonathan W.G. , Vesely Martin J.J.
Published: February 2023

The reconstruction of complex composite abdominal wall defects is challenging and often required in patients least fit for major surgery. Restoration of abdominal domain and coverage with good soft tissue with or without restoration of function of core musculature remain the goals of this surgery. The combination of local, pedicled, and free flaps is discussed as are special considerations for children. Abdominal wall transplantation is in its infancy as a technique, but may eventually offer solutions beyond what current conventional techniques can offer.
Psychological assessment of cosmetic surgery patients
Authors: Bellew Maggie
Published: February 2023

Correct evaluation of a patient’s suitability for cosmetic surgery is important, as surgery may not always be appropriate or beneficial. This chapter describes the many psychosocial factors that should be considered and presents a model for the psychological assessment of cosmetic surgery patients that can be used to identify those most likely to benefit from surgery and those for whom surgery is contraindicated. It also highlights how further psychological input can be provided where necessary to ensure optimum postoperative outcomes. There is growing evidence that such a collaborative approach between plastic surgeons and clinical psychologists benefits patients, clinical effectiveness of surgery, purchasers, and the surgeon.
Botulinum toxins
Authors: Balaratnam Sherina , Stagnell Sami , Griffiths Tamara W.
Published: February 2023

Facial ageing attracts much attention in today’s society and enthusiasm for its management has resulted in rapid expansion of therapeutic options, and a diverse range of practitioners who offer treatments. The media have significant influence on self-perception, though the concept of ‘anti-ageing’ is not confined to modern fashion. Negative stereotypes around the loss of youth as well as values and perceptions associated with appearance act as major drivers of the aesthetics industry. There are many options to address facial ageing. Invasive surgical procedures, traditionally considered as ‘gold standard’, are now surpassed in popularity by non-surgical cosmetic procedures. Consumers prefer subtle improvements with reduced risk and downtime, even though more frequent maintenance visits may be required. The combined surgical and non-surgical cosmetic market value is estimated at over £3 billion expenditure per annum, with 75% attributed to the non-surgical sector. The most popular non-surgical treatment is botulinum toxin injections. Over 3.5 million procedures were performed in the United States in 2014, more than double the number of hyaluronic acid injections, the second-place contender.
Tumours of the larynx
Authors: Puvanendran Mark , Paleri Vinidh
Published: February 2023

The larynx is a complex organ that extends from the epiglottis to the cricoid cartilage. It is composed of three large cartilages, the cricoid, the thyroid, and the epiglottis, and three smaller cartilages, the arytenoids, the corniculate, and the cuneiform. The larynx is divided into three subunits: supraglottis, glottis, and subglottis. The larynx has roles in airway protection, ventilation, phonation, and swallowing. The glottis is the narrowest point in the adult airway and is responsible for voice production. The larynx helps divert food away from the airway into the oesophagus through a variety of mechanisms. Management of laryngeal disease has undergone a significant change over the last two decades with greater expertise in minimally invasive transoral techniques and advances in radiation delivery. Decision-making should take into consideration the primary tumour, the extent of neck disease and distant disease, and the patient.
Lip reconstruction
Authors: Sainsbury David C.G.
Published: February 2023

Lips, the dynamic centre of the lower third of the face, are vital functionally and socially. They provide oral competence, the loss of which can lead to drooling and difficulty eating. Socially, lips facilitate articulation, facial expression, and intimate human interaction. They are a defining feature of beauty in many cultures. Malignancy, trauma, and congenital anomalies may generate perioral defects requiring reconstructive strategies which have gradually evolved.
Tumor microenvironment in glioblastoma: Current and emerging concepts
Authors: Sharma Pratibha , Aaroe Ashley , Liang Jiyong , Puduvalli Vinay K
Published: February 2023

Glioblastoma (GBM) tumor microenvironment (TME) is a highly heterogeneous and complex system, which in addition to cancer cells, consists of various resident brain and immune cells as well as cells in transit through the tumor such as marrow-derived immune cells. The TME is a dynamic environment which is heavily influenced by alterations in cellular composition, cell-to-cell contact and cellular metabolic products as well as other chemical factors, such as pH and oxygen levels. Emerging evidence suggests that GBM cells appear to reprogram their the TME, and hijack microenvironmental elements to facilitate rapid proliferation, invasion, migration, and survival thus generating treatment resistance. GBM cells interact with their microenvironment directly through cell-to-cell by interaction mediated by cell-surface molecules, or indirectly through apocrine or paracrine signaling via cytokines, growth factors, and extracellular vehicles. The recent discovery of neuron–glioma interfaces and neurotransmitter-based interactions has uncovered novel mechanisms that favor tumor cell survival and growth. Here, we review the known and emerging evidence related to the communication between GBM cells and various components of its TME, discuss models for studying the TME and outline current studies targeting components of the TME for therapeutic purposes.
Bentham’s Chapter I
Authors: Sverdlik Steven
Published: February 2023

Bentham’s formulation of the principle of utility is explained. The principal text of 1780 seems not to require maximizing happiness, although two formulations added in 1823 are both maximizing, in different ways. On balance, it seems that Bentham in 1780 thought the principle required maximizing happiness. Bentham’s form of utilitarianism is “act,” not “rule.” The reasoning presented at the end of Chapter I of IPML contains two arguments. The briefer one is given the name, the Motivation Argument. It states that, given Bentham’s theory of motivation, he can show that every person has motives available to her for performing the acts that the principle of utility declares are right.
Bentham’s Chapter II and the Formal Argument
Authors: Sverdlik Steven
Published: February 2023

Bentham’s form of ethical hedonism is presented. It’s a hedonistic theory of intrinsic value. Only pleasure is intrinsically good; only pain intrinsically bad. The principles of “asceticism” and “sympathy and antipathy” are explained. Bentham’s view of the intrinsic value of the pleasures and pains of criminals is also explained. The “Formal Argument” of Chapter I is fully presented. It contains a dilemma for the theorists Bentham regards as his main opponents, and a positive argument meant to show that the principle of utility is true. There are some flaws in the dilemmatic argument. The positive argument asserts that only the principle of utility gives the correct account of which basic feature of all right actions makes them right. Bentham thought that the evidence for this assertion would be presented later in IPML, and in the penal code.
Bentham’s Chapter X
Authors: Sverdlik Steven
Published: February 2023

Bentham’s terminology of motives in “esse” and “in prospect,” and internal and external motives is explained. A close examination is made of what he thinks an “immediately acting motive” is. This causes an intention to form. It consists of the expectation of pleasure or pain, if you succeed in acting in a certain way, and the pleasure in esse you take at that thought. Some writers assert that Bentham accepts psychological hedonism. This is incorrect. Bentham’s “theory of motivation” states that people generally have their own pleasure, or the reduction of their own pain, as their end in acting. But he also thinks that if a person acts only from a benevolent or malevolent motive, she doesn’t have her own pleasure as her end. Bentham’s thinking in his “catalogue” of the sorts of motives is discussed, as is his evaluation of the sorts, focusing especially on benevolence and malevolence.
Bentham’s Chapter XI
Authors: Sverdlik Steven
Published: February 2023

The human dispositions that Bentham discusses in Chapter XI are enduring patterns of motivation. People tend to act from certain motives with some regularity, and these same motives can regularly restrain them as well. Here the restraining or “tutelary” role of motives becomes prominent. Bentham’s main subject is the inferences we can make from the evidence of an action to conclusions about the agent’s dispositions. His thinking about these inferences is explained, including his treatment of “standing tutelary motives” that tend to restrain a person from performing any mischievous act. Some observations are made about how judges now address the issue Bentham discusses, including their use of criminal records in sentencing.
Bentham’s Chapter XVII and the Concluding Note
Authors: Sverdlik Steven
Published: February 2023

Bentham’s distinction of “private ethics” and penal law is explained. “Private ethics” means the moral duties a person has, given the principle of utility. All acts prohibited by a utilitarian penal code would be prohibited by private ethics. But private ethics requires people to do some things not required by utilitarian penal law. A utilitarian penal code will treat almost all failures to perform the moral duties of probity as offenses. It will rarely treat failures to perform duties of prudence and beneficence as offenses. The two passages where Bentham argues for expanding the scope of penal law as it was in his day are discussed. These concern cruelty to animals, and “bad Samaritanism.” Bentham’s thoughts on the relation of penal and civil law are explained, as well as their influence on his project of producing a pannomion, or complete set of utilitarian law codes.
The Poverty Paradox
Authors: Rank Mark Robert
Published: February 2023

The paradox of poverty amid prosperity has plagued the United States throughout the 21st century: Why should the wealthiest country in the world also have the highest rates of poverty among the industrialized nations? Based on the decades-long research and scholarship, one of the nation’s leading authorities provides the answer. The Poverty Paradox develops a unique perspective for understanding this puzzle. The approach is known as structural vulnerability. Central to this new way of thinking is the distinction between those who lose out at the economic game and why the game produces losers in the first place. Americans experiencing poverty tend to have certain characteristics placing them at a greater risk of impoverishment. Yet poverty results not from these factors, but rather from a lack of sufficient opportunities in society. In particular, the shortage of decent-paying jobs and a strong safety net are paramount. Based on this understanding, this book details a variety of strategies and programs to effectively alleviate poverty in the future. Implementing these policies has the added benefit of reinforcing several of the nation’s most important values and principles. The Poverty Paradox represents a game changing examination of poverty and inequality. It provides the essential blueprint for combatting this economic injustice in the years ahead.
Introduction
Authors: Rank Mark Robert
Published: February 2023

Chapter 1 provides an overview into the motivation behind the book and its contents. The author discusses his prior research pertaining to the structural vulnerability approach. The contents of the book are also described. The United States continues to have the highest rates of poverty among the wealthy countries. In the discussion in the text, the chapters are divided into three sections. Part I provides an overview into how poverty is measured and defined, along with a review of various approaches for understanding poverty. Part II details the structural vulnerability perspective. In Part III the structural vulnerability framework is applied to suggest policy strategies for alleviating poverty along with strengthening several fundamental principles and values.
Building the Foundation
Authors: Rank Mark Robert
Published: February 2023

Chapter 7 examines the various values that are reinforced by addressing poverty within a structural vulnerability perspective. The schematic model from Chapter 6 is redrawn with these values displayed. If the importance of particular values can be agreed on, and if it can be shown that these values are being undermined by the processes described in the structural vulnerability model, then strong arguments can be begin to be made for the necessity of particular policies to reduce poverty. It is argued that several major principles are strengthened by addressing structural vulnerability. These include increasing human potential, enlightened self-interest, equality of opportunity, social justice, and democratic representation. In each of these cases, examples are given to show how these values are reinforced.
Moving Forward
Authors: Rank Mark Robert
Published: February 2023

Chapter 9 brings the book to a close. Insights are provided into the failure of America and the research community to truly understand the nature and causes of poverty in the past. The paradox of poverty amid prosperity has been both puzzling and concerning. The country has often provided little support and opportunities to the poor, focusing instead on remediation and “tough love” solutions. Not surprisingly, these have done little to reduce the extent of poverty in the United States. It is argued that a more structurally based understanding of American poverty is necessary. The last 10 years have been marked by signs that the country is beginning to move in this direction.
South Asia's Christians
Authors: Mallampalli Chandra
Published: February 2023

South Asia is home to more than a billion Hindus and half a billion Muslims. But the region is also home to substantial Christian communities, some dating almost to the earliest days of the faith. The stories of South Asia’s Christians are vital for understanding the shifting contours of World Christianity, precisely because of their history of interaction with members of these other religious traditions. In this broad, accessible overview of South Asian Christianity, Chandra Mallampalli shows how the faith has been shaped by Christians’ location between Hindus and Muslims. The author begins with a discussion of south India’s ancient Thomas Christian tradition, which interacted with West Asia’s Persian Christians and thrived for centuries alongside their Hindu and Muslim neighbors. He then underscores the efforts of Roman Catholic and Protestant missionaries to understand South Asian societies for purposes of conversion. The publication of books and tracts about other religions, interreligious debates, and aggressive preaching were central to these endeavors, but rarely succeeded in yielding converts. Instead, they played an important role in producing a climate of religious competition, which ultimately marginalized Christians in Hindu-, Muslim-, and Buddhist-majority countries of postcolonial South Asia. Ironically, the greatest response to Christianity came from poor and oppressed Dalit (formerly “untouchable”) and tribal communities who were largely indifferent to missionary rhetoric. Their mass conversions, poetry, theology, and embrace of Pentecostalism are essential for understanding South Asian Christianity and its place within World Christianity today.
Racism Damages Health Through Many Causal Pathways
Authors: Braveman Paula
Published: February 2023

This chapter examines how racism damages health, producing large and persistent racial/ethnic disparities in health. Racism is a system of oppression—of treating some people adversely based on their perceived race or ethnic group and justifying that by valuing them differently. There is scientific consensus that race is primarily a social, not a biological, construct. Racism can take many different forms. Systemic and structural racism are the most upstream forms—the laws, policies, entrenched practices, and pervasive beliefs that foster, condone, and perpetuate prejudicial treatment based on race. Systemic and structural racism are often so embedded in systems that they may not be as readily visible as interpersonal discrimination—that is, prejudicial treatment of an individual(s) by another individual(s) based on race; interpersonal discrimination is produced and perpetuated by systemic and structural racism. Racism is an upstream (fundamental) cause of differences in the environments, experiences, resources, and opportunities that shape health and disease; it acts through multiple causal pathways. Among the pathways through which racism is likely to affect health are those generating stress, which can harm health long term by leading to inflammation and immune system dysregulation, thereby increasing risk of chronic disease in adulthood, such as heart disease, stroke, and diabetes. Systemic and structural racism are the fundamental, upstream causes of most racial disparities in health. In this chapter, strategies to address racism are discussed. Strategies focusing only on increasing awareness of racism are unlikely to be effective without also dismantling the systemic and structural barriers.
Navigating the Challenges of Concussion
Authors: Jaffee Michael S. , Broshek Donna K. , Svingos Adrian M.
Published: February 2023

Navigating the Challenges of Concussion provides readers with facts, patient stories, and helpful guidance about managing the symptoms of concussion and promoting recovery. Concussion is a mild traumatic brain injury that typically causes temporary symptoms, such as headaches, changes in thinking, dizziness, irritability, and changes in vision. Concussions are very common, affect people of all age groups and backgrounds, and can occur in many settings and situations. Topics covered in this book include the early assessment and management of concussion, common concussion symptoms, what to expect, and what to do and how to seek help if symptoms do not improve within a matter of weeks. Special considerations for individuals who may be at increased risk for concussion are discussed, including children and adolescents, athletes, military personnel, and older adults. Information is provided about returning to school, sports, or work after a concussion. The authors hope that this book will increase readers’ understanding of what to expect, clarify misconceptions, and help patients feel more hopeful and optimistic about their recovery. Increased public awareness about concussion has led to a greater public understanding of this “invisible injury.” Research continues to guide best practices for the management of concussion.
Early Physical Symptoms of Concussion
Authors: Jaffee Michael S. , Broshek Donna K. , Svingos Adrian M.
Published: February 2023

After a concussion, patients may experience a broad spectrum of symptoms, both before and after they see the doctor or the emergency department staff. These symptoms may affect the patient’s thinking skills or mood or may cause pain or discomfort. Not everyone will have the same symptoms following a concussion, and not everyone will recover at the same rate. This chapter focuses on the physical symptoms of concussion, including headache, dizziness, and sleep problems. The authors discuss medications that may be used to treat headache for acute pain relief and they discuss assessments of dizziness and vertigo and treatments. Also discussed is the variety of sleep dysfunctions that can occur from concussion as well as the importance of sleep in the recovery process.
Early Emotional Symptoms of Concussion
Authors: Jaffee Michael S. , Broshek Donna K. , Svingos Adrian M.
Published: February 2023

After a concussion, patients may experience a variety of symptoms, including emotional symptoms. These symptoms may affect the patient’s mood or behavior and include feelings of depression, anxiety, and anger. It is important to remember that emotional and behavioral changes are common after concussion, because of both the injury itself and all the stress that can come along with injury. It is important for patients to discuss emotional changes after a concussion with their health care team, especially if they have a history of a mood disorder.
Early Cognitive Symptoms of Concussion
Authors: Jaffee Michael S. , Broshek Donna K. , Svingos Adrian M.
Published: February 2023

One of the major factors that determines whether a patient has experienced a concussion is a change in thinking skills. Cognitive symptoms are frequently experienced after concussion and include changes in concentration, memory, executive functioning, and processing speed. For many people, difficulty with thinking is clearly noticeable right away but may improve quickly. For others, difficulty with thinking persists for a longer period and can become quite frustrating and anxiety-provoking. This chapter describes some of the most common cognitive symptoms after concussion and offers some tips for how to manage these symptoms.
Toni Morrison
Authors: Balfour Lawrie
Published: February 2023

Toni Morrison: Imagining Freedom explores Morrison’s reflections on the idea of freedom in her novels and nonfiction from the 1970s to 2019. While Morrison’s literary achievements are widely celebrated, her political thought has yet to receive its due. Morrison’s writing illuminates the meanings of freedom and unfreedom in a democratic society that was founded on both the defense of liberty and the right to enslave and dispossess. Toni Morrison: Imagining Freedom argues that Morrison’s fiction and her meditations on the power of language contest the wishful thinking of color-blindness and repudiate complaints that it is time to get beyond race. Morrison’s attentiveness to the experiences of people “no one inquired of,” especially her interest in the lives of black women and girls, reorients democratic inquiry in the shadow of racial slavery, settler colonialism, and the ongoing processes of theft and domination they set in motion. Morrison’s writings, Balfour contends, kindle new practices of freedom-seeking that do not rely on the subjugation of others.
Disease
Authors: Sperber Jonathan
Published: February 2023

This chapter investigates disease during the Age of Interconnection. At the beginning of the period, infectious diseases were a major source of mortality, but the introduction of antimicrobials and large-scale vaccination campaigns dramatically reduced their effects. In the 1960s and 1970s, medical efforts increasingly focused on degenerative disease, with very mixed results. In the final two decades of the century, infectious diseases, including AIDS and drug-resistant tuberculosis made a comeback, while changes in nutrition and lifestyle were producing a global obesity epidemic, with important morbidity consequences.
Technologies
Authors: Sperber Jonathan
Published: February 2023

The focus of this chapter are the four crucially important forms of technology: energy, transportation, agricultural productivity, and microelectronics. Important innovations in all these technologies occurred during the Age of Total War, frequently connected to utopian expectations about their use—expectations that were generally disappointed in the 1960s and 1970s. The concluding decades of the century saw either new uses for existing technology or the introduction of technological innovations, including genetic engineering and the Internet.
The Powers
Authors: Sperber Jonathan
Published: February 2023

This chapter describes international relations in the second half of the twentieth century. Two large-scale, interconnected forms of diplomatic and military conflict emerged from the Second World War: the Cold War, pitting the Western Powers against the Eastern Bloc, and the global realignment struggle, pitting Europe and its former settler colonies against much of Asia, Africa, and Latin America. The ultimate victory of the Western Powers in the Cold War seemed to have resolved the global realignment struggle as well, an assumption that proved incorrect, as the terrorist attacks of September 11, 2001 would show.
Societies
Authors: Sperber Jonathan
Published: February 2023

Exploring social structures worldwide during the second half of the twentieth century, this chapter focuses on classes, generations, and genders. It shows how different forms of social structures existing in 1945 in different parts of the world gradually gave way to globalized social structures, a development most pronounced in class structure, somewhat less so in structures of generation and gender.
Aftermath
Authors: Sperber Jonathan
Published: February 2023

This epilogue briefly explores the first decade of the twenty-first century in the light of developments in the second half of the twentieth century, particularly that century’s final two decades. Focusing on three developments—the continuation and acceleration of the economic, social, and demographic trends begun in the 1980s; the rise of China and its rapidly increasing global reach; and the decline of the US-led post-Cold War global order—the chapter delineates the expansion of a globally interconnected economy and the increasing emergence of a globalized class structure. It shows how decades of unprecedently rapid economic growth placed China in an increasingly powerful and influential position in world affairs, to the point that it seemed possible that the twenty-first century will be a Chinese century. The problematic US invasion of Iraq in 2003 and the global financial crisis of 2008 were the main examples of the decline of the post-Cold War global order that had featured a multilaterally exercised US hegemonic role and a system of deregulated, privatized, and globalized markets.
Introduction
Authors: van Eck Caroline
Published: February 2023

The Introduction gives a first presentation of the three art works that are the protagonists of this book: the colossal candelabra made by Giovanni Battista Piranesi (1770–1778) at the end of his life out of fragments excavated at the site of the Villa Hadriana in Tivoli. Although they were among the most sought-after and prestigious of his works, and fetched enormous prices during Piranesi’s life, they suffered a steep decline in appreciation from the 1820s onwards, and even today they are among the least studied of his works. The Introduction presents the main arguments of this book about the role of these artefacts and their biographies from fragment to museum piece in the emergence of neoclassicism, and it situates this book in current debates about human–thing entanglement, materiality, and the material reception of Roman antiquity.
Candelabra in Antiquity, their Rediscovery, and Reception
Authors: van Eck Caroline
Published: February 2023

In all its variety the candelabrum displays a few constant elements. Chapter 2 gives an overview of the history of the artefact type of the candelabrum from prehistorical Spain to the 1750s. It discusses the cultural meanings attached to candelabra in Antiquity and their loss in the eighteenth century, and distinguishes various types of candelabra (Roman, Christian, Medieval, and Renaissance), to argue that one of the reasons for the puzzling appearance of Piranesi’s candelabra lies in his combination of the pascal candelabrum structure with elements taken from Hadrian’s Villa, and his preference for deviating from traditional iconographical schemes. In the second part of this chapter a new interpretation of Piranesi's composition method is proposed, placing it in the context of Alexandrian art and architecture, and Alexandrianism.
Literature and Justice in Mid-Twentieth-Century Britain
Authors: Stewart Victoria
Published: February 2023

Literature and Justice in Mid-Twentieth-Century Britain: Crime and War Crimes examines the how ideas about crime, criminality, and judicial procedure that had developed in a domestic context influenced the representation and understanding of war crimes trials, victims of war crimes, and war criminals in post–Second World War Britain. The representation of Belsen concentration camp and the subsequent British-run trial of its personnel will be a particular focal point. Drawing on a range of source material including life-writing, journalism, and detective fiction, as well as criminological and sociological works from this period, the book explains why the fate of the Jews and other victims of the Nazis was sometimes brought starkly into focus and sometimes marginalized in public discourse at this period. What remain are glimpses of the events now called the Holocaust, but glimpses that can be as powerful and as meaningful as more direct or explicit representations.
Fugitive Economies
Authors: Narayanan Amrita
Published: February 2023

Describes how ‘middle class’ is a form of aspirational identity rooted in reproductive sexuality that refuses pleasurable non-reproductive sexuality. Explains how a middle-class identification is constructed upon important adjectives—thrifty, hygienic, respectable, educated, and self-disciplined—which become strongly internalized then functions as internal police to women’s sexuality. Gives examples of women who are policed by this construction of middle-class sexuality, as well as examples of women who vengefully enact their rage about being policed. Uses A.K. Ramanujan’s essay Is there an Indian Way of Thinking, to explain how policing women’s sexuality draws from existing tropes and emotional registers in the Indian imagination. Develops the trope of ‘police’ and ‘fugitives’ to explain how women police each other’s sexuality, particularly across generational lines.
Secret Agents
Authors: Narayanan Amrita
Published: February 2023

This chapter is about the pleasures and problems of women who regularly exercise sexual agency outside their own marriage or inside someone else’s. Patriarchy makes a clear distinction between the rights of sexually desiring women who exercise erotic agency with men they fancy, and women who enter the contract of marriage that binds them to individual men within a family matrix. Sexual affairs raise the problem of difference between women of different types of agency sexual and non-sexual. Reminds us of the empirical research that tells us when it comes to women’s sexuality, despite global culture’s reach, it is smaller, locally enforced norms that dominate. Using examples from interviews and from literary texts, the chapter outlines the shame and pleasure that exists in sexual affairs outside of marriage. It suggests that affairs are made possible for women via an act of imagination in which a mother or other community member approves of the affair.
Scientific Papers Made Easy
Authors: West Stuart , Turnbull Lindsay
Published: February 2023

abstarct.
Sentencing and Punishment
Authors: Easton Susan , Piper Christine
Published: February 2023

This book reviews the philosophical principles which underpin penal policy, sentencing and punishment, as well as examining the practical consequences of the legal principles enshrined in English law with an analysis of imprisonment and community punishment. The first part of the book covers the way sentencing law and guidelines are structured and discusses in detail retributivist and utilitarian justifications for punishment, as well as the current importance of public protection from risk and danger. It also covers those offenders and victims who can be dealt with differently, notably the mentally ill and children, together with ways of dealing with the offenders and their victims using restorative justice. Finally, Part A focuses on ways in which the impact of offending on victims and offenders can be reduced. Part B of the book covers in detail conditions in prison including the impact of the pandemic and the experience of imprisonment, especially in relation to women, BAME prisoners and other groups, where equal treatment is problematic. It also focuses on punishment and rehabilitation in the community, covering the available orders and the current approaches to rehabilitation. The civil and criminal orders available for use with those under 18 years of age, are also considered, as well as the way in which rights have been used to protect children in prison.
Structuring sentencing
Authors: Easton Susan , Piper Christine
Published: February 2023

A sentencing system in which there were no controls on how the judge or magistrate came to a decision on sentence would not be a principled system. It could also lead to injustice in individual cases. This chapter examines the ways in which sentencing discretion is constrained, not only through law and guidance but also through the use of a justificatory principle as a constraint. In particular it reviews the way that more recent forms of sentencing guidance have developed, notably the definitive guidelines produced by the Sentencing Council. It also discusses in detail the importance of a retributivist rationale with reference to classical and modern retributivism.
Utility and deterrence
Authors: Easton Susan , Piper Christine
Published: February 2023

In this chapter we examine a key justification of punishment, namely utilitarianism, which focuses on the consequences or outcomes of sentencing and punishment. The origins of this approach in the work of Beccaria and Bentham, and its modern expression in the work of writers such as Wilson and Kennedy, will be discussed. We will focus here on the specific outcome of deterrence, considering whether punishment is effective in reducing offending, reviewing the available research on issues including the certainty and severity of punishment. The methodological problems which arise in proving a deterrent effect are reviewed, including in relation to the death penalty. The problems with this justification for punishment are also examined.
Legitimate Expectations and the Rule of Law in International Investment Law
Authors: Henckels Caroline
Published: February 2023

The rule of law is one of the yardsticks by which both critics of and apologists for international investment law evaluate the regime, but it has been thus far insufficiently theorized. This chapter offers some thoughts on how the concept of the rule of law might be deployed to justify and delimit the contours of legitimate expectations in international investment law. The chapter deliberately adopts a formal, largely Razian approach to the rule of law, focusing on two of its dimensions: legal certainty and the prohibition on arbitrariness. It argues that legal certainty provides the most compelling justification for the recognition of legitimate expectations in international investment law, when compared to other rationales emerging from investment tribunals and the literature. The chapter analyses four common types of government action arising in investment cases through the lens of legal certainty, arguing that the strength of the claim for recognition of legitimate expectations depends on the government conduct at issue, with government interference with legal rights or formal decisions generating the strongest claim for protection, and changes to the extant legal framework generating the weakest claim. The chapter then identifies the prohibition on arbitrary conduct as the relevant touchstone for protection of legitimate expectations, explains how the two elements of the legal test fit together, and suggests that this interpretation accords with evolving State practice in treaty design, and more recent tribunal decisions concerning legitimate expectations.
Two Moralities of Consistency
Authors: Arato Julian
Published: February 2023

A core tenet of the claim that international investment law promotes the rule of law is that it enhances legal certainty for foreign investors. The idea is that investment treaties function as credible commitments, which lessen the risk of arbitrary, discriminatory, or unfair State action, and enhance the predictability of the legal framework applicable to foreign investment. However, it turns out that the investment treaty regime itself suffers from systemic inconsistency—as interpreted across hundreds of published arbitral awards. The question is whether this regime thus recreates the same rule-of-law problems it purports to solve. While the extent of inconsistency in investor-State dispute settlement is glaring, this chapter argues against analysing the uncomfortable relationship between investment treaties and legal certainty in zero-sum terms. Consistency is one rule-of-law value among many (eg fidelity, flexibility, responsiveness). It is one which cannot be secured absolutely and should not be pursued at all costs. Drawing on the work of Lon Fuller, this chapter seeks to distinguish between tolerable consistency deficiencies in investment treaty arbitration, and more structural inconsistencies that are inimical to the rule of law. It identifies particular rule-of-law failures of the latter sort in the wide-ranging arbitral inconsistency in the interpretation and application of key secondary rules governing applicable law, norm conflict, attribution, and interpretation.
Responsive Judicial Review
Authors: Dixon Rosalind
Published: February 2023

Democratic dysfunction can arise in both “at risk“ and well-functioning constitutional systems. It can threaten a system’s responsiveness to both minority rights claims and majoritarian constitutional understandings. This book aims to counter this dysfunction by arguing that courts should adopt a sufficiently “dialogic“ approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system’s responsiveness to democratic majority understandings. The idea of “responsive“ judicial review encourages courts to engage with their own distinct institutional position, and potentially limits on their own capacity and legitimacy. Dixon explores ways this translates into the embracing of a “weakened“ approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a “calibrated“ approach to judicial scrutiny or judgments about proportionality, and an embrace of “weak–strong“ rather than wholly weak or strong judicial remedies. Not all courts will be well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.
Fashioning the Future in Roman Greece
Authors: Strazdins Estelle
Published: February 2023

This book uses literature, inscriptions, art, and monuments to explore the relationship of elite Greeks in the Roman empire to time. It challenges conventional thinking on the temporality of the so-called ‘Second Sophistic’ to argue that, rather than being obsessed above all with the Classical past, imperial Greek culture used the past to position itself within tradition as a way of addressing the future. At the same time, the book demonstrates the importance of taking an interdisciplinary approach to the elite culture of Roman Greece, since authors were often also responsible for monumental interventions in physical landscapes and cityscapes. The author shows how these two modes of cultural production in the hands of elites, such as Herodes Attikos, Arrian, Aelius Aristeides, Lucian, Dio Chrysostom, Polemon, Pausanias, and Philostratos, exhibit a shared rhetoric oriented towards posterity and informed by a heightened awareness of the fragility of cultural and personal memory over large spans of time. The book thus analyses the tensions, anxieties, and opportunities that attend the fashioning of commemorative strategies against the background of the ‘Second Sophistic’ and the Roman empire. This exploration provides new insights into our understanding of the cultural and political concerns of elite imperial Greeks.
Commemoration Embodied
Authors: Strazdins Estelle
Published: February 2023

Chapter 5 homes in on the honorific statue and examines the attitudes of Greeks in the Roman empire to its commemorative capacity. Expressly designed as a commemorative artefact and embedded within civic social praxis, a statue should be a desirable honour. This chapter argues, however, that imperial Greek literature and aspects of how statues are deployed in reality instead cast honorific statues as deficient honours and ultimately unsuitable for personal commemorative ambition. The chapter begins by establishing the place of statue honours in the Roman empire and their perceived commemorative limitations. It then turns to examine several literary and material strategies employed by imperial Greeks that are designed to counter these disadvantages. Topics covered in detail include how statue programmes on monuments are used to amplify commemorative claims; how texts are used to create tailored, imaginary, and inviolable spaces of honour for individual statues; how the replication of private portrait types can extend a carefully crafted reputation to a broader audience; and how literature can remove the limitations of the honorific statue by animating it and instilling personality. Herodes Attikos again forms the focus of material discussion, but the texts are drawn from a much broader field, including Favorinus, Apuleius, Aelius Aristeides, Polemon, Philostratos, Arrian, and Dio Chrysostom.
The King of Athens
Authors: Strazdins Estelle
Published: February 2023

Chapter 6 explores the contemporary and near-contemporary reception of Herodes Attikos in the literary record. In particular, it examines his most robust literary portrait in Philostratos’ Lives of the Sophists and its collision with both his material footprint and the portrayal of other authors, including Fronto, Aulus Gellius, Pausanias, and Lucian. It argues that Philostratos uses rhetorical stock characters (the tyrant, king, hero, and philosopher) to draw out the complexities and discordances in Herodes’ character and to create a remarkably ambivalent depiction of the role of the ‘Second Sophistic’ in the contemporary Roman empire. Herodes is in sharpest relief when he is juxtaposed to Roman emperors. In these circumstances he comes to resemble Athens’ legendary king, Theseus. The chapter shows that Philostratos creates two versions of both Athens and Herodes: the anachronistic and unreal sophistic city in which Herodes is the ‘king of words’ and rules with a generous democratic nature, and the Roman provincial city in which he is an ambiguous mix of hero and tyrant, who never fulfils his kingly potential. The two ultimately incompatible paradigms offer competing visions of a utopic fantasy and a difficult reality. Philostratos’ shaping of Herodes as a failed political force in the empire reveals that the commemorative anxieties identified in previous chapters as characteristic of imperial Greek cultural output were very real and valid concerns.
The Background
Authors: Jeff HHJ , Reed Darren
Published: February 2023

A short historical summary of the Court Martial and its development to set the modern Service Justice System in context. Each Service had a separate system until they were combined into a single system of Service Law by the Armed Forces Act 2006. The chapter explains why a separate system of Service Law is necessary and provides the rationale accepted by the UK Government before providing an overview of the current system.
Arrest, Custody, Investigation, Legal Aid, and Miscellaneous Orders
Authors: Jeff HHJ , Reed Darren
Published: February 2023

This chapter deals with all matters related to bringing accused persons to trial. It covers arrest, stop and search, the legal basis for entry into private property; search and seizure; and custody. It includes investigation of offences and charging and legal aid provided to accused persons. Finally, the chapter reviews all miscellaneous orders, notably restraining orders and orders relating to civilians subject to Service discipline
Commanding Officer’s Investigation and Summary Hearing
Authors: Jeff HHJ , Reed Darren
Published: February 2023

Over 90 per cent of persons who are alleged to have committed offences in the Service Justice System are dealt with summarily by their commanding officers. This chapter explains the personalities in the summary system, the investigation, charging, and mode of trial. It has a step-by-step guide to summary hearings, the powers of punishment of commanding officers and the post-trial review system.
The Court Martial
Authors: Jeff HHJ , Reed Darren
Published: February 2023

This chapter is the central part of the book and is a comprehensive analysis of the Court Martial. It describes the functions of the main players, the process for bringing accused persons to trial, preliminary proceedings, and the trial itself. Importantly for the newcomer to the Service Justice System it includes a step-by-step guide to the order of procedure in the Court Martial. It also describes other proceedings: sentencing, variation (slip rule), appellate, activation, and ancillary.
The Effect of the European Convention on Human Rights on the Services Justice System
Authors: Jeff HHJ , Reed Darren
Published: February 2023

This chapter has not changed from the 3rd edition because there have been no significant challenges to the Service Justice System since 2003. It charts the history of human rights challenges to the Court Martial with abstracts from the important cases. The most significant case which led to wholesale changes was Findlay v UK and the last, which determined that the Court Martial was compliant with Article 6 ECHR, was Cooper v UK. Both of these cases, together with many others, provide a comprehensive description and analysis of the human rights challenges and UK government’s reactions to those challenges.