bluuebunny/crossref_metadata_2025 huggingface dataset:
The Conceptual Possibility of Moral Criteria of Legal Validity
Authors: Himma Kenneth Einar
Published: April 2019

This chapter gives a positive argument for the claim that the criteria of validity can incorporate moral constraints on the content of law. It thus concludes the defense of the Incorporation Thesis undertaken in the last two chapters. The argument in question constructs a model of an institutional normative system that validates all and only mandatory moral norms in a possible world. The chapter argues that we must do two things to show the conceptual possibility of a legal system with moral criteria of validity. First, we must produce a model of an institutional normative system in a world resembling this one that can plausibly be interpreted as having moral criteria of validity that clearly satisfies every condition plausibly thought to be necessary for the existence of law. Second, to ensure that the model establishes the Incorporation Thesis, it should be incompatible with an exclusivist interpretation.
Opening Strategy
Authors: Whittington Richard
Published: April 2019

This chapter introduces the central arguments of Opening Strategy. In particular, it traces the development of three key strategic practices since the middle of the last century to today: strategic planning, strategic management, and open strategy. These practices have gradually made strategy an increasingly inclusive and transparent activity. These practices operate within Strategy as a professional field. The direction of practice change is influenced by exogenous forces upon this field, in particular organizational, cultural, and technological trends. The manner of practice change is influenced by the precarious and permeable nature of the Strategy field, granting important roles to the bottom-up initiatives of strategy consultants and corporate strategists. This chapter provides a basic theoretical orientation for the remainder of the book, extending the Strategy-as-Practice tradition in a macro direction and drawing on the work of Anthony Giddens and Alasdair MacIntyre. The chapter introduces the statistical, interview, archival, and published sources used throughout the book.
Strategy Consultants
Authors: Whittington Richard
Published: April 2019

This chapter examines strategy consultants as a major part of the Strategy profession. It examines their growth since the middle of the last century, and particularly the development of leading firms such as Bain & Co., the Boston Consulting Group, and McKinsey & Co. It demonstrates the structurally precarious and permeable predicament of strategy consulting firms, with many entries and exits. The challenging economics of strategy consulting are examined, with the problems of cyclical demand, low entry barriers, weak financial structures, and short pipeline highlighted. The chapter identifies three ways strategy consulting firms have managed their predicaments: cultivating professionalism, building relationships, and investing in knowledge. The chapter also examines the nature of strategy consulting work, particularly its combination of high demands and intellectual stimulus.
Strategic Management
Authors: Whittington Richard
Published: April 2019

This chapter examines the development of strategic management practices from the late 1970s. Strategic management advanced on the prior practices of strategic planning by emphasizing change and implementation. It also opened up the strategy process by decentralizing responsibilities and including employees in implementation. Strategic management’s rise was supported by three exogenous forces: growing pressure on big organizations to change, a new managerial culture of responsibility and learning, and new communication and participation technologies. Nevertheless, strategic planning’s development still took two kinds of arduous and fallible institutional work: ‘rule-making’ and ‘resource-organizing’. Under the first, Shell for example developed a version of strategic management as involving managerial conversation and learning, while McKinsey promoted strategic management as involving decentralization. Under the second, new consulting firms such as Gemini were created and large corporate investments in management training were made, as at General Electric’s Crotonville facility.
Open Strategy
Authors: Whittington Richard
Published: April 2019

This chapter examines the development of open strategy practices from the late 1990s. Open strategy involves greater transparency about strategy to internal and external audiences, and greater inclusion for internal and external stakeholders. The contemporary rise of open strategy is supported by three exogenous forces: the dissolving of organizational boundaries internally and externally, a newly democratic working culture, and new technologies, especially social media. Nevertheless, open strategy’s development still involves two kinds of arduous and fallible institutional work: ‘rule-making’ and ‘resource-organizing’. As examples of the first, Gary Hamel’s Strategos Consulting promoted new kinds of democratic strategy norms, while corporates such as IBM developed internal openness through its jams. Under the second, new consulting firms were created such as Global Business Network, while established corporations such as Barclays Bank, Nokia, and Shell had to organize new kinds of participative strategy process.
Changing Strategy—for the Better
Authors: Whittington Richard
Published: April 2019

This chapter summarizes how Strategy’s practices have become gradually more open and inclusive since the middle of the last century. In particular, it underlines how the development of first strategic planning, then strategic management, and then open strategy have resulted from the institutional work of innovators from such prominent corporations as General Electric and Red Hat, and from leading consulting firms, particularly BCG, Bain, McKinsey, Gemini, GBN, and Strategos. This work has been influenced both by the exogenous forces of organizational, cultural, and technological change, and by the structural weakness of the Strategy profession, particularly its precariousness and permeability. The chapter proposes lessons for future practice change in Strategy, and develops implications for Strategy professionals, for policy-makers, for researchers, and for teachers. The book concludes by arguing for the benefits of open strategy not just for organizations and their immediate stakeholders, but for society as a whole.
Heirs to Rome
Authors: Ng Su Fang
Published: April 2019

This chapter explores the ways in which the Ottomans claimed Alexander the Great and saw themselves as heirs to Rome. More specifically, it examines how diplomatic and literary engagements with the Ottomans helped structure both British and Southeast Asian engagements with each other, coalescing around their competitive imitatio Alexandri. The chapter begins with a discussion of the flourishing diplomatic and trade relations between the peripheries and the Ottoman Empire in the sixteenth century and how such engagements framed trading ties that the British began to establish with Southeast Asians toward the end of the sixteenth century and in the early seventeenth. It then considers how early modern Ottomans borrowed from the Roman heritage of the Byzantines to forge a culturally-hybrid imperial identity. It suggests that Alexandrian imitations in the peripheries were possible responses to Ottoman claims to universal empire.
Hamlet and Arabic Literary Networks
Authors: Ng Su Fang
Published: April 2019

This chapter examines the intercultural resonance between William Shakespeare’s Hamlet and Arabic literature and thus with Malay literature. Hamlet is memorable for its graveyard scene which features skulls as stage properties and is linked to the tradition of European memento mori in the visual arts. The play has surprising intercultural resonances with the Arabic cosmopolis of the East Indies in the age of European exploration, and therefore necessitates a reconfiguration of early modern global literary networks. This chapter considers the graveyard scene’s allusion to Alexander the Great and how the anecdote of Alexander and the skulls traveled to England in the form of Naṣīḥat al-mulūk. It suggests that Hamlet’s literary exemplars may derive from an overlooked narrative tradition of young men discoursing on skulls from Arabic mirrors. It also argues for a spatial and temporal realignment of Hamlet as part of global Arabic literary networks.
From Source to Allusion
Authors: Ng Su Fang
Published: April 2019

This chapter examines the synchronic renewals and the repurposing of Alexander the Great’s image in canonical English and Malay literatures. More specifically, it considers the transmission of the Alexander Romance and its common motifs into English and Malay as well as the shared strand of literary reception that link these traditions together as cousins rather than wholly separate. It also explores how both English and Malay literatures, invoking Alexander to mediate intercultural encounters, use him to fashion a vocabulary for a cultural politics of hybridity. More importantly, English and Malay literary traditions meet in connected themes mediated by Alexander and intersect in their shared deployment of him to figure intercultural relations arising from trade.
Millennial Alexander in the Making of Aceh
Authors: Ng Su Fang
Published: April 2019

This chapter examines how the Acehnese appropriated Alexander the Great as a model of kingship and imitated Melaka in fashioning a royal mythic genealogy going back to Iskandar Zulkarnain. The discussion focuses on one Acehnese sultan, Sultan Iskandar Muda (r. 1607–36), whose name means Alexander the Younger and whose reign is considered Aceh’s golden age. The chapter explores Aceh’s parallel literary allusions to Alexander, incorporated into local literary genres, through an analysis of Iskandar Muda’s biography, Hikayat Aceh. It shows how Hikayat Aceh employs tropes of Timurid-Alexandrian kingship that are also found in diplomatic letters to European kings, including James I of England. It also describes Hikayat Aceh’s understanding of diplomatic relations as a complex entanglement and how the Acehnese turned to the global tradition of Alexander to reflect on intercultural relations with foreign others.
Epilogue
Authors: Ng Su Fang
Published: April 2019

This Epilogue narrates an incident in which the Islamic Alexander became a rallying cry for the anti-kafir (infidel) movement in Sumatra. It considers how Ahmad Shah bin Iskandar, a claimant to Sumatra’s Minangkabau throne in Palembang, professed the status of a saint to wage holy war against the Dutch, and turned to the legend of Alexander the Great to inspire his resistance. As a leader of the anti-kafir movement, Ahmad Shah garnered support from various chiefs in the region and sought to build an archipelagic alliance. An analysis of Ahmad Shah’s uses of the Alexander legend reveals how the Alexander Romance was turned to religiously motived politics in European encounters with Southeast Asia. Ahmad Shah’s exegesis of Iskandar Zulkarnain’s name emphasizes the latter’s dual role as king and prophet, and in laying claim to an Alexandrian descent of Palembang provenance, Ahmad Shah pretended to sacral kingship.
Introduction: The Anthropology of Police
Authors: Mutsaers Paul
Published: April 2019

This introduction starts with a general discussion of the conflicted contours of police as reported by police anthropologists in various parts of the world. It leans on the notion of law and disorder, which is marked by the idea that police are not always a prerequisite of a socio-legal order and can sometimes even disturb it. It subsequently argues that this is largely due to an unmediated proximity between police and the policed that exists in many societies across the north–south divide. The risks of such ‘state proximity’ are manifold and yet, law enforcement bodies have carried out numerous reforms that make it possible. The chapter discusses various anti-bureaucracy reforms and the negative social effects they have had in The Netherlands. It concludes with an introduction of the chapters of the book, specifying the various links between the theories it has outlined and the empirical parts of the book.
Thickening Borderlands
Authors: Mutsaers Paul
Published: April 2019

While Chapter 2 mainly refers to the lack of separation between roles and personalities, this chapter draws attention to the fading division between the Dutch police and its organizational environment. It argues that police power is now often divided across a multiplicity of organizations. This expanded notion of the police prompts us to look beyond the police organization, particularly when we want to understand an urgent matter such as police discrimination. The chapter engages with the literature on the ‘policing of migration’, as it is mainly in this field that diffuse, or networked policing has quickly advanced. Second, it provides detailed empirical data on how migrants experience borders within the nation-state due to a thickening of borderlands.
The epigraphic and linguistic situation in the south-west of the Iberian peninsula
Authors: Ferrer J. , Moncunill N.
Published: April 2019

This chapter’s analysis of the language of the south-west Iberian peninsula concludes that it consists of five vowels, one lateral consonant, one vibrant (plus another doubtful example), one nasal consonant, two sibilants, and three stops (occlusives) although the writing system does not enable us to make more precise statements about the latter; the frequent and non-existent combinations between the different phonemes are also established. The successive attempts to decipher the language are described, special attention being paid to the most recent of them, the weak points of which are specified, and the minimal contribution of Latinized personal names is pointed out.
Aims of Comparative Law
Authors: Kischel Uwe
Published: April 2019

This chapter determines the aims and uses of comparative law. Comparative law improves communication. This communicative importance of comparative law can directly affect the professional lives of lawyers and can be an essential aid in providing clients with sound advice. Comparative law also prevents the narrow-mindedness which blinds law students to the possibility that legal questions could be solved, or even approached, differently than in their own legal system. Nevertheless, comparative law can provide a deeper understanding of one's own legal system. It can also be a means of interpreting national law. Finally, comparative law becomes particularly important when the common principles of a variety of other legal orders are themselves considered to be a formal source of law in one particular legal system.
The Context of Common Law
Authors: Kischel Uwe
Published: April 2019

This chapter focuses on common law. The common law is distinguished as a legal system developed by cases—that is, by judicial decisions. Put simply, the common law judge derives the law from previous decision of other judges. Even more importantly, common law courts typically do not create abstract legal rules to decide future cases. The method of the common law is not focused on deductively deriving results from general legal principles, but rather on inductively working out principles from individual decisions. This means that only judges themselves remain as creators of law. According to this view, common law would actually be judge-made law, a view also common among comparative lawyers.
The Basic Context of Civil Law
Authors: Kischel Uwe
Published: April 2019

This chapter looks at civil law. Civil law is the counterpart and the typical object of comparison to the common law. The distinction between these two legal families is one of the few on which comparative lawyers largely agree. In highly simplified descriptions found mostly in older texts, the unique feature of civil law is often identified as legal codification, especially of private law. The main aspects of this legal mindset are the doctrine of legal sources, the systematization of law, the method of statutory interpretation, and the role of legal authorities. All of these things influence the way in which law is applied in everyday practice and are the products of a specific historical evolution. The fundamental character of civil law can only be understood when the interplay among all these factors is considered.
Contexts of Transnational Law
Authors: Kischel Uwe
Published: April 2019

This concluding chapter addresses transnational law. Public international law and European Union law are by no means the only transnational legal orders. There are also smaller transnational systems in South America or Africa which are modeled on European Union law, but which lag far behind in terms of importance and level of sophistication. The context of public international law is marked by a number of features which distinguish it from the various contexts of national law. At a very general level, public international law is characterized by a stronger interweaving of fact and law; heightened importance of politics; and a less technical approach to norms, their text, and their meaning than lawyers may be accustomed to. Meanwhile, European Union law is an independent legal system which, at least in its present, highly-developed form, has much more in common with national legal systems than with public international law.
Insolvency Law: Objective and Justification
Authors: Tollenaar Nicolaes
Published: April 2019

This chapter aims to explain the objective of a plan procedure and the justification for the consequent infringement of individual rights of dissenting stakeholders. Chapter 3 will show that a plan procedure is purely an instrument of insolvency law. So, for that reason, this chapter starts off with a discussion of the objective and justification of insolvency law in general. Since the focus of this study is the design of a new legislative instrument, the approach is not based on the current objective of insolvency law in any particular national system. Rather, what should be the broader objective of insolvency law is explained, taking inspiration from the ‘creditors’ bargain theory’ developed in US literature.
Pre-Insolvency Proceedings: Objective and Justification
Authors: Tollenaar Nicolaes
Published: April 2019

This chapter starts with a brief outline of the pre-insolvency plan in the conceptual form proposed in this book. It then goes on to develop a normative foundation for pre-insolvency proceedings and formulates the boundary conditions that must be satisfied for their application. As part of the analysis the concepts of fair market value and liquidation value are examined and the differences between price and value are discussed. The chapter explains why pre-insolvency proceedings are to be conceived as a collective debt enforcement instrument of the creditors rather than a rehabilitation instrument of the debtor. The chapter concludes by defining pre-insolvency as the stage at which insolvency has become inevitable and argues that this is the earliest possible triggering event for the use of a collective enforcement procedure, such as the plan mechanism in the proposed form.
Initial Observations on Valuation and Valuation Terminology
Authors: Tollenaar Nicolaes
Published: April 2019

This chapter looks at valuation. It explains that in a restructuring a paper valuation exercise is needed to establish who still is entitled to value and who is not. In a liquidation, where the business is sold to the highest bidder in the market through a proper sale process, a valuation exercise is not required. In liquidation, the value available for distribution is determined by the market. The chapter then offers a high-level outline of the key steps of the valuation exercise in the context of a restructuring. Terminology is defined, such as asset value, cash flow value, going concern value, goodwill, enterprise value, reorganization value, liquidation value, fair market value, and option value.
Summary
Authors: Tollenaar Nicolaes
Published: April 2019

This chapter provides a detailed summary of the contents of the eight chapters that constitute the main body of the text. It finally considers areas of future research on pre-insolvency proceedings—topics that this book has not considered—such as securities law, corporate law, labour law, tax law, and international aspects of pre-insolvency proceedings. The currently available individual and collective liquidation proceedings are far from optimal, the chapter argues. They provide only for enforcement against individualized assets. In more advanced economies more and more value is tied up in contracts and in the abstract capacity to generate cash flows with a complex of assets and activities that, as an operating whole, are worth more than their inactive constituent parts. Many insolvency systems are not adequately attuned to dealing with value in contracts or in the abstract notion of earning capacity more generally. Developing effective and efficient proceedings for the enforcement of claims against a business as an operational, cash-flow-generating whole, and enabling creditors to recover value captured in earning capacity constitute a field that is ripe for further research and an area in which significant improvement can be achieved.
Parody—Nature and Definition
Authors: Jacques Sabine
Published: April 2019

This chapter provides an overview of the nature and definition of parody in the context of copyright law. The Court of Justice of the European Union (CJEU) has introduced two requirements that must be satisfied before a work may be considered a ‘parody’: firstly, it must ‘evoke an existing work while being noticeably different from it’, and secondly, it must ‘constitute an expression of humour or mockery’. The chapter first traces the origin and history of parody in the arts, including music, before discussing the relationship of parody with concepts such as satire, caricature, and pastiche. It then examines why a parody exception has been considered necessary in copyright law. The chapter goes on to analyse the legal evolution of parody in France, Australia, Canada, the United States, and the United Kingdom, showing that the existing international human rights framework may influence the definition of parody in intellectual property law.
Legality of the Parody Exception in Light of International Treaties and Domestic Copyright Laws
Authors: Jacques Sabine
Published: April 2019

This chapter examines the legality of the parody exception in light of international treaties and domestic copyright laws. More specifically, it considers whether the parody exception may only be introduced into national copyright law if it satisfies the three-step test enshrined in international treaties. The chapter first traces the history and evolution of copyright law before explaining whether copyright law requires a specific parody exception and why a specific parody exception rectifies the balance between right-holders, users, and subsequent authors. It then discusses the three-step test, first incorporated into the Berne Convention to protect the ‘right of reproduction’, and its adoption in European Union texts and national legislations. It also outlines the differing interpretations of the three-step test and concludes with an analysis of whether the current parody exceptions in each of the five jurisdictions (France, Australia, Canada, the United States, and the United Kingdom) comply with this test.
How Freedom of Expression Defines the Parody Exception
Authors: Jacques Sabine
Published: April 2019

This chapter examines the relevance of freedom of expression to the parody exception. It first considers the debate on the interaction between intellectual property rights and fundamental rights before discussing the ways in which freedom of expression may address the excessive expansion of exclusive rights as well as the outer limits of the parody exception. The chapter explains how human rights are embodied in the parody exception and how factors established in the European Court of Human Rights jurisprudence may legitimately restrict freedom of expression. It also explores how national legislators and courts in France, Australia, Canada, the United States, and the United Kingdom strike a balance between freedom of expression values and copyright values. It shows that the outer limits of the parody exception in each jurisdiction are determined by the influence of freedom of expression on copyright, the margin of appreciation, and the proportionality test.
The Music Industry and the Future of the Parody Exception in Copyright Law
Authors: Jacques Sabine
Published: April 2019

This chapter reflects on the future of the parody exception as an area of copyright law. Focusing on the UK music industry, it considers how business practices may contribute to the realization of the goals underpinning the parody exception, taking into account the moral rights of songwriters and performers and the role of collecting rights societies in administering and enforcing copyright with respect to the creation of musical parodies. The chapter also examines the ways in which the human rights framework may be used to shape the parody exception. Examples are given to illustrate how the right to freedom of expression has been curtailed in order to protect abuse of other fundamental rights, including personality rights. The chapter concludes by reiterating the book’s argument for a more holistic approach that allows the parody exception to strike a fair balance between the interests of right-holders, parodists, and society at large.
Republic of Singapore
Authors: Pascoe Daniel
Published: April 2019

Against the jurisdiction with the highest rate of capital clemency from 1991 to 2016 (Thailand), Chapter 4 juxtaposes the jurisdiction with the lowest (Singapore). Here, a mere 0.6 per cent of prisoners who exhausted their judicial appeals received death row commutations between 1991 and 2016. In Singapore’s case, again the chapter opens with a summary of relevant death penalty laws and practice, and a summary of the six cases where a capital prisoner has been granted clemency since Singaporean independence in 1965. The five theoretically informed hypotheses set out to explain the Singapore Cabinet’s overwhelming reluctance to grant capital clemency over many decades are as follows: Singapore’s rule of law ‘brand name’; the government’s public justifications for retaining the mandatory death penalty; strong deterrence in drug-trafficking cases; prosecutorial discretion supplanting executive discretion, and particular aspects of the Cabinet’s decision-making processes.
A mathematical life
Authors: Wilson Robin , Moktefi Amirouche
Published: April 2019

This chapter sets the scene for the rest of the book by outlining the main aspects of Dodgson’s mathematical life and activities. It is divided into his early years as the son of an Anglican clergyman, his time as an undergraduate studying Classics and mathematics at Oxford, his life as an Oxford lecturer at Christ Church, his life outside mathematics (including his interest in photography and his writing of children’s books), his mathematical writings and college life, and his final years. It concludes with a brief discussion of Dodgson as a mathematician in the context of Victorian mathematics in England at the time.
Logic
Authors: Moktefi Amirouche
Published: April 2019

This chapter discusses Dodgson’s work on syllogisms (a topic that can be traced back to Aristotle and Ancient Greece) and how to solve them systematically using a marked board and some counters. His method is explained in detail in this chapter. Dodgson introduced it in his Game of Logic, which he used to teach syllogisms to children, and which he then developed in his Symbolic Logic, Part I. The rest of the chapter is concerned with further work that Dodgson carried out, but which was not published at the time because of his premature death at the age of 65.
Staging the Liminal
Authors: Shtutin Leo
Published: April 2019

Chapter 3 implements the notion of liminality (the experience or condition of the betwixt and between) in an analysis of character and diegetic space in Jarry’s Ubu roi and Maeterlinck’s one-acts. Both playwrights’ characters are uncanny schematizations of the human form that blur the distinctions between subject and object, human and non-human, animate and inanimate. I examine the uncanny as a category of liminality, invoking Victor Turner, Antonin Artaud, the ‘uncanny valley’ theory of Japanese roboticist Masahiro Mori, and the fin-de-siècle cult of the marionette. Both playwrights also refuse to localize dramatic space, to transform it into a specific Somewhere by means of consistent diegetic framing. Deliberately eschewing any geographical or historical consistency in his use of proper names and toponyms, Jarry foregrounds the liminal character of his ‘Poland’ by mixing and matching names, accents, and costumes from various periods and locales. Maeterlinck, meanwhile, underscores the neither-here-nor-there-ness or indeterminacy of the dramatic situations in L’Intruse, Intérieur, and Les Aveugles.
Modern Parody
Authors: Diepeveen Leonard
Published: April 2019

Beginning with an account of a parody of Spectra (itself a hoax movement intended to expose the fraudulence of imagism), this chapter examines how actual frauds, hoaxes, and parodies—as attempts to unmask modernism’s fraudulent ambitions—performed something essential to a successful fraud: a mimicry of sincerity. Along with this mimicry, parodies and hoaxes interpreted what modernism’s features were, arguing as well that modernism was easy to replicate, and therefore insincere. As part of this analysis, the chapter questions whether truly new or avant-garde works are capable of being parodied when their features are not understood. The goal of these frauds, hoaxes, and parodies was not to articulate an affect of aesthetic pleasure, but to make the aesthetic experience of modernism one of recognition, credulity, common sense—a silent appeal to ideology, and a moment of unmasking.
Intent in Practice
Authors: Diepeveen Leonard
Published: April 2019

This chapter begins with an account of the Blind Man’s defense of Duchamp’s Fountain, using it to make a more general point that inferring intent is central to the aesthetic experience and meaning of art in general, and in highly particular ways in modernist works of art. Inferring intent is inevitable, and it is always uncertain and messy. Modernist works of art highlighted that tension, presenting unclear signs of intent and making uncertainty central to the value of their aesthetic experience. Particularly at modernism’s avant-garde edges, readers and viewers uncertainly perform intent in modernist artworks, an experience which implies a particular argument about the place of intent and fraud in aesthetic experience. The chapter ends with an inductive turn on the basis of this argument, presenting a theory of intent’s function in aesthetic experience, and its relation to ideas of aesthetic autonomy.
Topics in Mechanics
Authors: Limebeer David J. N. , Massaro Matteo
Published: April 2019

Chapter 2 provides a comprehensive review of the classical mechanics required when building vehicle models. Both vector-based methods and the variational approach to classical mechanics are reviewed, and efforts to highlight the links between the two approaches have been made. A wide range of illustrative examples with a particular focus on non-holonomic systems are studied, including Chaplygin’s sleigh, rolling balls, and rolling discs. Equilibria and stability, and the connection between timereversal symmetry and dissipation, are also briefly discussed.
Optimal Control
Authors: Limebeer David J. N. , Massaro Matteo
Published: April 2019

Chapter 8 focuses on nonlinear optimal control and its applications. The chapter begins by introducing the fundamentals of optimal control and prototypical problem formulations. This is followed by the treatment of first-order necessary conditions including the Pontryagin minimum principle, dynamic programming, and the Hamilton–Jacobi–Bellman equation. Singular arcs and bang–bang controls are relevant in the solution of many minimum-time and minimum-fuel problems and so these issues are discussed with the help of examples that have been worked out in detail.This chapter then turns towards direct and indirect numericalmethods suitable for solving large-scale optimal control problems numerically.The chapter concludes with an example relating to the calculation of an optimal track curvature estimate from global positioning system (GPS) data.
Introduction to Stochastic Processes
Authors: Merlevède Florence , Peligrad Magda , Utev Sergey
Published: April 2019

We start by stating the need for a Gaussian approximation for dependent structures in the form of the central limit theorem (CLT) or of the functional CLT. To justify the need to quantify the dependence, we introduce illustrative examples: linear processes, functions of stationary sequences, recursive sequences, dynamical systems, additive functionals of Markov chains, and self-interactions. The limiting behavior of the associated partial sums can be handled with tools developed throughout the book. We also present basic notions for stationary sequences of random variables: various definitions and constructions, and definitions of ergodicity, projective decomposition, and spectral density. Special attention is given to dynamical systems, as many of our results also apply in this context. The chapter also surveys the basic theory of the convergence of stochastic processes in distribution, and introduces the reader to tightness, finite-dimensional convergence, and the need for maximal inequalities. It ends with the concepts of the moderate deviations principle and its functional form.
Gaussian Approximation via Martingale Methods
Authors: Merlevède Florence , Peligrad Magda , Utev Sergey
Published: April 2019

Gordin’s seminal paper (1969) initiated a line of research in which limit theorems for stationary sequences are proved via appropriate approximations by stationary martingale difference sequences followed by an application of the corresponding limit theorem for such sequences. In this chapter, we first review different ways to get suitable martingale approximations and then derive the central limit theorem and its functional form for strictly stationary sequences under various types of projective criteria. More general normalizations than the traditional ones will be also investigated, as well as the functional moderate deviation principle. We shall also address the question of the functional form of the central limit theorem for not necessarily stationary sequences. The last part of this chapter is dedicated to the moderate deviations principle and its functional form for stationary sequences of bounded random variables satisfying projective-type conditions.
Weakly Associated Random Variables
Authors: Merlevède Florence , Peligrad Magda , Utev Sergey
Published: April 2019

The purposes of this chapter are to introduce the notion of weakly associated (negatively or positively) random variables and to develop tools that will allow us, in the chapters to follow, to give estimations of moments of partial sums, maximal inequalities, and asymptotic results with both Gaussian and non-gaussian limits. As we shall see, these results shed light on the asymptotic behavior of numerous examples such as exchangeable variables, certain Gaussian processes, empirical processes, various classes of Markov chains, and determinantal processes. They are also useful to study stochastic processes that are functionals of the two independent processes mentioned above.
Gaussian Approximation under Asymptotic Negative Dependence
Authors: Merlevède Florence , Peligrad Magda , Utev Sergey
Published: April 2019

Here we introduce the notion of asymptotic weakly associated dependence conditions, the practical applications of which will be discussed in the next chapter. The theoretical importance of this class of random variables is that it leads to the functional CLT without the need to estimate rates of convergence of mixing coefficients. More precisely, because of the maximal moment inequalities established in the previous chapter, we are able to prove tightness for a stochastic process constructed from a negatively dependent sequence. Furthermore, we establish the convergence of the partial sums process, either to a Gaussian process with independent increments or to a diffusion process with deterministic time-varying volatility. We also provide the multivariate form of these functional limit theorems. The results are presented in the non-stationary setting, by imposing Lindeberg’s condition. Finally, we give the stationary form of our results for both asymptotic positively and negatively associated sequences of random variables.
Stationary Sequences in a Random Time Scenery
Authors: Merlevède Florence , Peligrad Magda , Utev Sergey
Published: April 2019

In this chapter, we analyze the asymptotic behavior of the partial sums process associated with examples of stationary sequences in a random time scenery. The examples considered are stationary sequences sampled by shifted renewal Markov chains and random walks in a strictly stationary scenery. The asymptotic behavior of the partial sums process is essentially investigated with the help of the weak invariance principles stated in Chapter 4. More precisely, for the partial sums process associated with a stationary process sampled by a renewal Markov chain stated at zero, due to the non-stationarity of the underlying sequence, the functional CLT is obtained as an application of the functional CLT for non-stationary sequences developed in Section 4.4. In the case where we are sampling a strictly stationary random scenery by a random walk, stationarity is preserved, and the invariance principle is then derived by using the functional CLT under Maxwell–Woodroofe condition.
Reversible Markov Chains
Authors: Merlevède Florence , Peligrad Magda , Utev Sergey
Published: April 2019

This chapter is dedicated to the Gaussian approximation of a reversible Markov chain. Regarding this problem, the coefficients of dependence for reversible Markov chains are actually the covariances between the variables. We present here the traditional form of the martingale approximation including forward and backward martingale approximations. Special attention is given to maximal inequalities which are building blocks for the functional limit theorems. When the covariances are summable we present the functional central limit theorem under the standard normalization √n. When the variance of the partial sums are regularly varying with n, we present the functional CLT using as normalization the standard deviation of partial sums. Applications are given to the Metropolis–Hastings algorithm.
Addressing Sustainable Development Concerns through IIAs
Authors: Chi Manjiao
Published: April 2019

The international communities are confronted with profound sustainable development challenges. International investment law, especially international investment agreements (IIAs), appears insufficiently effective in addressing such challenges associated with transnational investment activities. Recently, many governmental bodies, non-governmental organizations (NGOs), and international organizations have gone knee-deep into projecting and promoting sustainable development-compatible (inclusive) IIAs. From the standpoint of China, although China hosts a large amount of IIAs and has a clear awareness of promoting sustainable investment, its IIAs appear inadequately compatible with sustainable development. Against the backdrop of the Chinese sustainable development challenges, this chapter examines the sustainable development provisions contained in Chinese IIAs, assesses their usefulness and insufficiencies, and observes that China needs to make further efforts in making sustainable development-compatible IIAs.
A New Era in Cross-strait Relations? A Post-sovereign Enquiry in Taiwan’s Investment Treaty System
Authors: Ciurtin Horia
Published: April 2019

The author provides a post-sovereign enquiry in Taiwan’s investment treaty system. Going beyond the traditional legal divisions, Taiwan showed that it can bypass such limitations, being a main trend-setter in innovating the area of international economic law. Specifically, a close look at Taiwan’s nexus of investment treaty is eye-opening; Taiwan concluded twenty-nine BITs and six ample economic cooperation agreements with related investment provisions. The number and the importance of these agreements reveal that the concept of international recognition does not directly influence the behaviour of states which are willing to interact legally and economically. In this regard, non-diplomatic relations might be used as a step forward, as Taiwan is closer to conclude an agreement with another post-sovereign entity, the European Union. This global actor may open up the scene for a multi-tier dynamic where some of its component member states are in principle against any liaison with Taiwan, but will be bound to it because of their membership to the EU. To solve such legal contradiction, the established instruments of international law cannot be applied, and a new theoretical framework shall be developed. To this end, the starting point must be to discuss sovereignty thoroughly. The chapter assesses the polity’s effort for the development of diplomatic structures by means of investment agreements, in this way avoiding the problems related to recognition. This kind of agreement can be considered as a litmus test, showing Taiwan’s capacity to shift traditional categories of Westphalian international law and emerge as a self-standing actor.
The Political Economy of Chinese Outward Foreign Direct Investment in ‘One-Belt, One-Road (OBOR)’ Countries
Authors: Zeng Ka
Published: April 2019

This chapter engages in an analysis of the political economy of Chinese outward foreign direct investment (COFDI) in ‘One-belt, One-Road’ (OBOR) countries between 2005 and 2014. Research findings yield a couple of interesting results. First, there is strong evidence supporting the resource-seeking motivation behind COFDI to OBOR countries. Secondly, in contrast to previous findings, this study yields some preliminary evidence that COFDI is more likely to seek out countries with low political risks. Thirdly, the results suggest that in addition to going to countries with good political relations with Beijing, COFDI has also been more likely to flow to countries with shared diplomatic interests and agenda with the United States. Taken together, these findings point to the politically driven nature of Chinese investment in OBOR countries and the potentially central role of the state in guiding Chinese investment in the region.
Introduction
Authors: Kagan Shelly
Published: April 2019

One of the most striking developments in moral philosophy over the last half century has been the remarkable explosion in the discussion of animal ethics, that part of moral philosophy that deals with our moral obligations toward (nonhuman) animals. It would of course be an exaggeration, but only a mild one, to say that fifty years ago philosophical discussion of the treatment of animals was virtually nonexistent. The topic suffered from something close to complete neglect. On the rare occasion when a moral philosopher had something to say about animals, it was largely a matter of admitting—albeit only in passing—that it was wrong to be cruel to them, that the gratuitous infliction of pain was morally problematic. And then, for the most part, the matter was typically left at that....
The Argument from Distribution
Authors: Kagan Shelly
Published: April 2019

Most people embrace one or another distributive principle (such as a principle of equality, or desert, or views like prioritarianism, or sufficientarianism). But if the unitarian is correct and animals have the same moral status as people, then animals too should be able to make distributive claims (or have them made on their behalf). However, given the significantly lower level of well-being had by animals (for example, by mice as compared to people), applying these distributive principles without altering them to take into account differences in status leads to absurd claims about our obligations to animals (holding it morally unacceptable that mice, say, have it so much worse than people). The author examines several possible unitarian replies to this argument, but ultimately concludes that anyone sympathetic to one or more of these distributive principles has compelling reason to reject unitarianism.
Hierarchy and the Value of Outcomes
Authors: Kagan Shelly
Published: April 2019

Acceptable versions of distributive principles will take status into account, so that an animal at a given level of well-being will, by virtue of its lower status, have a correspondingly weaker distributive claim than would a person at the same level of well-being. This chapter sketches some promising ways of modifying the various distributive principles, making them sensitive to differences in status. The details remain uncertain, however, as the author illustrates by pointing out some problems for the modified version of the priority view. Turning to the question of whether the very value of well-being itself (that is, the contribution it makes to the overall goodness of an outcome) should also depend on status, the author answers in the affirmative. Surprisingly, an appeal to the principle of equal consideration of interests cannot be used to reject this view, on pain of begging the question.
Worries about Hierarchy
Authors: Kagan Shelly
Published: April 2019

This chapter discusses four potentially troubling objections to the hierarchical approach to status. First, that such an approach is elitist. Second, that a hierarchical approach must be open to the possibility of superior beings, individuals with a status even greater than that had by normal humans. Third, that on a hierarchical approach “marginal cases”—humans so impaired that they are not persons—would inevitably have a lower status than the rest of us have. Fourth, that normal variation in the relevant capacities among ordinary adult humans means that even ordinary adults may differ in terms of their moral status. The author examines each objection and concedes that to varying degrees the last three objections might reasonably give us pause, but concludes that only the very last one—the problem of normal variation—will require a more complicated response.
Restricted Deontology
Authors: Kagan Shelly
Published: April 2019

Many deontologists are attracted to a view the author calls restricted deontology, according to which only people have the sort of rights that deontologists describe. Although animals count—they have standing—they do not have deontological standing, and so do not have deontological rights. (Perhaps, instead, animals are appropriately treated in accord with consequentialism.) However, this view cannot be defended. Whatever the exact feature is that underlies deontological standing—autonomy, perhaps—it is more plausible to hold that animals have it too, albeit to a lesser degree; so they too should have deontological rights, but weaker ones. Of course, one can attempt to escape this conclusion by insisting that deontological standing actually requires having enough autonomy (rather than just some). But the idea of there being such a minimal required level—so that less autonomy than this leaves one without any deontological standing at all—is implausible.
Grammar
Authors: Matthews P. H.
Published: April 2019

This chapter discusses grammar. The discipline of grammar is first described in detail by a Roman teacher of rhetoric, Quintilian, in the middle of the first century AD. It was divided ‘very briefly’, in his own words, into two parts. One was the knowledge of how to speak correctly (recte loquendi scientia). This part included, as he made clear, a mastery of speech as represented in writing. The other was ‘the detailed interpretation of poets’ (poetarum enarratio). It was not enough, however, to study poetry alone; other forms of literature also had to be examined thoroughly. Grammar as it is later perceived—as a technical discipline concerned with the categories and structure of a language—had emerged historically from one whose origins had lain in the academic study of literature.