bluuebunny/crossref_metadata_2025 huggingface dataset:
Betrayal, Rejection, Revenge, and Forgiveness: An Interpersonal Script Approach
Authors: Fitness Julie
Published: April 2012

While it is true that betrayal leads to the loss of reliance on an individual, this chapter asserts that distress from the breach of trust comes from a sense of being neither regarded nor accepted. The author utilizes the interpersonal script method in understanding the latest researches in the field. Psychologically speaking, betrayal seems to be a complex form of interpersonal relationship conflict. Various sorts of emotions can be felt upon experiencing this circumstance, including anger, fear, doubt, and repulsion. Mechanisms to counteract these potentially destructive feelings involve taking revenge or letting go of the mistakes. Although reconciliation is suggested, it depends on the hurt party to forgive and accept or to repress and retaliate. Likewise, the offender has the choice to apologize and maintain the bond, to create alibis and enjoy the relief from the guilt, or even to leave with no confrontation and destroy the ties with silence.
Peer Rejection in Everyday Life
Authors: Asher Steven R. , Rose Amanda J. , Gabriel Sonda W.
Published: April 2012

Rejection among children is the central topic in this part. Elementary-school students are the subjects of the comprehensive research, which discusses an extensive list of rejection behaviors that will unfold and explain aspects of early childhood development. Analysis was derived from the examination of ways (through the cited dialogues between students) in which to express non-affirmation. The study employed rating scales that measured the likelihood of a child to initiate a game with or engage in the same activity as another child. Results show that while there are children who are popularly admired in the campus, there are those who are generally hated by their peers. The second group of kids is termed as the sociometrically “rejected.” Apparent reasons of dislike consist of social involvement, level of aggression, submissiveness tendencies, withdrawal instances, sense of humor, academic excellence, and athletic competitiveness.
Emotional Responses to Interpersonal Rejection
Authors: Leary Mark R. , Koch Erika J. , Hechenbleikner Nancy R.
Published: April 2012

Rejection is classified as actual, expected, and perceived. It can be implicitly felt through behavioral patterns or can be directly brought into play by way of verbal communication and removal of membership from an organization. No matter what kind of observed low relational evaluation takes place, this scenario still leads to depression, sadness, jealousy, isolation, envy, guilt, embarrassment, and anxiety. Emotions associated with this circumstance vary in terms of cognitive judgments, previous experiences, and consequential acts. In contrast, people who accept high regard exhibit delightful reactions and acquire an increased level of confidence and competence. The effects of either social approval or elimination are regulated when feelings are used to attain survival, reproduction, and adaptation. Although this chapter illustrates two sides of relational evaluation, much attention should be given to the further examination of positive interpersonal undertakings and outcomes, as well as to the understanding of resolutions to the negative social scenarios.
Coping with Rejection
Authors: Sommer Kristin
Published: April 2012

Relational devaluation may mean that a person is not anymore fitted with the qualities sought after to maintain and develop a relationship. Considering the assumption that rejection intimidates an individual's regard to one's self, this section tackles techniques on protecting the ego from these threats, whether actual or potential. The author describes two main categories of coping mechanisms—self-enhancement and self-protection—that are based on an individual's cognition and behavior. Both strategies, when repeatedly employed, will come out unconsciously. The first classification operates on people with high self-esteem and is comprised of establishing strong principles, reinforcing current affiliations, and improving strengths. Despite the constructive influences of ego defenses, these may bring about maladaptive responses (especially to people who attribute low value to their lives) such as chronic regard to the self, which suggests manipulation and even betrayal of others in order to succeed. The second taxonomy functions on people with low self-worth and consists of derogating peers and pulling out endeavors that might identify weaknesses.
Implications of Mental Models of Self and Others for the Targets of Stigmatization
Authors: Miller Carol T. , Kaiser Cheryl R.
Published: April 2012

Negative labels affect the way people view themselves; and these unbeneficial habits involve non-acceptance. It is assumed that individuals encounter branding with stigma due to the negative features associated with their affiliations based on dispositions and values that are widely agreed upon. There are cases that happen because of the environment's discriminatory attitudes, prototyped expectations, and biased judgments. Some individuals are labeled for their substance abuse, physical abnormalities, sexual orientation, or deviant actions. Discussed here are coping mechanisms under the premises of attachment theory, which puts forward the existence of an eternal psychological connection between human beings. Consequences of these negative habits depend on the response of the target agents and their self schemas. Moreover, the study asserts that stigmatized people are relatively better at coping with prejudice compared to non-stigmatized ones because these labeled individuals are exposed to opportunities to discover and to improve themselves.
Individual Differences in Reactions to Rejection
Authors: Kelly Kristine M.
Published: April 2012

Demonstrated here are the distinctive personality traits that matter in the discussion of rejection responses. On one hand, such reactions can be classified as emotionally rooted, cognition grounded, and behaviorally linked; while on the other, feedbacks can be based upon the level of self-confidence, conceit, anxiety, depression, attachment style, perceived social support, and sexual orientation. The extent of sensitivity to rejection is accounted for by the quality of personal relationships, which eventually establish the physical and the psychological well being of an individual. Although people are expected to experience negative emotions when faced with denunciation, refusal, or elimination (due to several factors), they react differently. Integrated and socially involved people are more likely to constructively surpass misfortunes, sudden unemployment, the unexpected death of loved ones, and other possible shocks. Similarly, people who lack healthy and affirmative social ties are more inclined to take maladaptive actions when they encounter difficult situations.
Explaining the Many Varieties of Working Memory Variation: Dual Mechanisms of Cognitive Control
Authors: Braver Todd S. , Gray Jeremy R. , Burgess Gregory C.
Published: April 2012

This chapter shows how all working memory (WM) theorists agree that control processes are a critical component of WM function. The general theoretical framework is the dual mechanisms of control (DMC): proactive control and reactive control. They can be differentiated on the basis of their information-processing characteristics, computational properties, temporal dynamics, and underlying neural systems. Regardless of the source of WM variation, the proximal mechanisms of variation remain the same and have the same impact on brain activity and behavior. Thus, the DMC framework provides a unifying account that has the potential to synthesize and integrate a large body of literatures on WM function. By recognizing that there are multiple alternative routes to cognitive control, investigators may be in a better position to explore and investigate the complexity of empirical findings.
Variation in Working Memory Due to Normal Development
Authors: Towse John N. , Hitch Graham J.
Published: April 2012

This chapter discusses the popular model of working memory outlined by Baddeley and Hitch, and how a family of experimental tasks has been designed to measure the capacity of working memory. The interpretation of the data seeks to provide a synthesis between individual-difference and experimental approaches, issues concerning each approach, and their relationship. Evidence for the importance of making a careful analysis of the temporal dynamics of working memory tasks is provided. The chapter is structured around four questions: overarching theory of working memory; critical sources of working memory variation; consideration of other sources of variation in working memory; and contributions to general working memory theory. The central goal is to develop a more satisfactory and complete account of working memory and its development.
Brain and Visual Perception
Authors: HUBEL DAVID H. , WIESEL TORSTEN N.
Published: April 2012

Scientists' understanding of two central problems in neuroscience, psychology, and philosophy has been greatly influenced by the work of David Hubel and Torsten Wiesel: What is it to see? This relates to the machinery that underlies visual perception, How do we acquire the brain's mechanisms for vision? This is the nature-nurture question as to whether the nerve connections responsible for vision are innate or whether they develop through experience in the early life of an animal or human. This is a book about the collaboration between Hubel and Wiesel, which began in 1958, lasted until about 1982, and led to a Nobel Prize in 1981. It opens with short biographies of both men, describes the state of the field when they started, and talks about the beginnings of their collaboration. It emphasizes the importance of various mentors in their lives, especially Stephen W. Kuffler, who opened up the field by studying the cat retina in 1950, and founded the department of neurobiology at Harvard Medical School, where most of their work was done. The main part of the book consists of Hubel and Wiesel's most important publications. Each reprinted paper is preceded by a foreword that tells how they went about the research, what the difficulties and the pleasures were, and whether they felt a paper was important and why. Each is also followed by an afterword describing how the paper was received and what developments have occurred since its publication. The reader learns things that are often absent from typical scientific publications, including whether the work was difficult, fun, personally rewarding, exhilarating, or just plain tedious. The book ends with a summing-up of the present state of the field.
The Move from Hopkins to Harvard
Authors: Hubel David H.
Published: April 2012

In the spring of 1959, nine families moved from Baltimore to Boston, to the Department of Pharmacology. Torsten Wiesel and David Hubel were demoted to the status of “Associates”. From the beginning, teaching was a major new item for the group. With Sanford Palay's group in neuroanatomy, they taught medical students for six weeks each spring. It was one of their best teaching experiences, for it was apparent that the course was the most popular in school. In 1964, John Salk wanted to recruit David. David, however, made it clear that he did not want to break his collaboration with Torsten. David gave three “Special Lectures” at University College, University of London, in the last week of January 1965. In 1968, Torsten and David went together to Japan, to the International Physiological Congress in Tokyo.
Another Visual Representation, the Cat Clare-Bishop Area
Authors: Hubel David H.
Published: April 2012

This chapter presents a paper entitled “Visual Area of the Lateral Suprasylvian Gyrus (Clare-Bishop Area) of the Cat”. On anatomical and physiological grounds, a zone of cat cortex deep in the medial bank of the suprasylvian sulcus (the Cat Clare-Bishop area) was known to receive strong visual projections from the lateral geniculate body and area 17. This study mapped receptive fields of single cells in this area in eight cats.
Encoding of Binocular Depth in a Cortical Area in the Monkey
Authors: Hubel David H.
Published: April 2012

This chapter presents a paper entitled “Cells Sensitive to Binocular Depth in Area 18 of the Macaque Monkey Cortex”. Possible differences between binocular depth cells in the cat area 17 and monkey area 18 were the failure of most depth cells in the monkey to respond to stimulation of either eye, and the linking, in the monkey, of vertical disparity to receive field orientation. Area 18 in the monkey seemed to have at least two independent functions, linking the two visual half fields across the vertical midline, and the elaboration of stereoscopic depth mechanisms.
Anatomy of the Geniculo-Cortical Pathway: The Nauta Method
Authors: Hubel David H.
Published: April 2012

This chapter presents a paper entitled “Laminar and Columnar Distribution of Geniculo—Cortical Fibers in the Macaque Monkey”. This paper demonstrated the ocular dominance columns anatomically. Small lesions were made in single layers or pairs of layers in the lateral geniculate body, and the striate cortex was later examined with a Fink—Heimer modification of the Nauta method. It shows that the long narrow stripes of alternating left-eye and right-eye input to layer IV were an anatomical counterpart of the physiologically observed ocular dominance columns. Because of this segregation of inputs, cells of layer IV were almost invariably influenced by one eye only. A cell above or below layer IV would be dominated by the eye supplying the nearest IVth layer stripe but would generally receive a subsidiary input from the other eye by diagonal connections from the nearest stripes supplied by that eye.
The Roman Law of Trusts
Authors: Johnston David
Published: April 2012

Few legal institutions developed solely under the Roman Empire, but there is one which can provide a rare illustration of the emperors' involvement in building private law: although Roman law did not recognize a ‘trust’ in the same sense as it is used in common law today, it did develop a device — the fideicommissum — which achieved very similar ends. It has remained largely ignored, and yet it is an ideal case study in the evolution of law. As the most versatile institution of Roman inheritance law, it crucially affected the strategies of succession open to testators, and gives insights into a social history of testators' ambitions and legislative concerns. Over six centuries the trust expanded at the expense of established legal institutions, and with Justinian's reforms it finally became dominant. This book studies the history of the trust and its rise to prominence, with reference to the possible influence of the Roman ‘fideicommissum’.
Of Action and Execution: Procedure
Authors: JOHNSTON DAVID
Published: April 2012

Trusts were not actionable during the advent of the Republic. Contrary to traditional methods wherein jurisdictions were established within the civil courts' existing structure or within the formulary system, Augustus entrusted this jurisdiction not to the magistrates but instead to the consuls. Once these were already deemed actionable, trusts became subject to common use which led to certain modifications in the jurisdictional scheme that was said to be introduced by Claudius. Such however does not signify the end of the consular jurisdiction since some sources reveal the coexistence of two different jurisdictions during this period. Whether such actions involved how consuls had to deal with cases or how these cases were brought before one of the praetors fideicommissarii, these were perceived to be under a system other than the formulary system. This chapter studies how trusts could have been subject not only to the classical formulary ordo but also to a legal system of procedure. The chapter also examines the procedural consequences attributed to the trusts' legal system.
From Morals to Obligations: Evolution
Authors: JOHNSTON DAVID
Published: April 2012

As trusts allowed persons other than heirs to be charged with benefits, this entailed several complex implications since it enabled trusts to be established in intestacy. Because trusts were not restricted to following a set form, they expanded and veered away from principles of civil law. Lastly, trusts were actionable only under cognitio — a specific procedural system. All in all, despite the fact that the classical law of trusts was at a disadvantage in terms of capacity, trusts still had advantages because they were not subject to much restriction. This concluding chapter first attempts to identify and examine the differences that are revealed in studying both legacies and trusts. After this, it considers how, in terms of classical law, legacy and trust may have some similar features, and how we may be able to synthesize the attributes of both.
Procedural Fairness in the English Common Law
Authors: Galligan D. J.
Published: April 2012

Notions of due process and procedural fairness have a long and interesting history in the English common law. Some are able to trace an unbroken line through the passages of English history to Magna Carta itself, although whether such claims are valid is a matter of debate. This chapter provides a historical background both to the procedural nature of English law and to the special place of procedural fairness. It also outlines the special problems that have been confronted in translating ideas of procedural fairness into administrative contexts.
Forms of Process II
Authors: Galligan D. J.
Published: April 2012

This chapter analyses different types of processes. First, it deals with the applications of standards which are based on expert or specialist knowledge. It then analyses policy-based discretion occurring in individualized contexts. It also examines procedural issues which arise in processes of investigation and enquiry. Finally, it introduces processes directed at reaching agreement through negotiation and mediation.
The Legal Approach to Procedural Fairness
Authors: Galligan D. J.
Published: April 2012

This chapter describes and analyses the general judicial approach to procedural fairness. It examines a number of issues: the tests developed by English law as to who is entitled to fair procedures; the extent to which abstract principles are translated into more detailed procedural rules; and the general judicial approach to exactly what procedural fairness requires and how those requirements are reconciled by the courts with competing considerations, especially costs.
The Hearing Principle
Authors: Galligan D. J.
Published: April 2012

The idea that a person ought to be heard before a decision is made or action taken affecting his or her interests is often thought to be the most fundamental element of procedural fairness. This chapter primarily considers the hearing in various administrative contexts and examines briefly the elements of a hearing and other parts of the process, such as notice and disclosure, which are closely linked to it. It then goes on to consider the hearing principle and doctrine relating to it in different administrative contexts.
From Air Law to Space Law
Authors: Cheng Bin
Published: April 2012

This chapter examines what has so far been achieved in air law, and the possibility of extending to outer space principles and standards that have already gained wide acceptance in the sphere of aerial navigation. In particular, attention will be focused on four basic principles underlying the Chicago Convention on International Civil Aviation, 1944, to which in 1960, seventy-seven States were parties. These four principles are airspace sovereignty; nationality of aircraft; certain conditions to be fulfilled by aircraft engaged in international aerial navigation, their crews and passengers; and international co-operation and faci1itation.
International Co-operation and Control: from Atoms to Space
Authors: Cheng Bin
Published: April 2012

This chapter considers the main forms of international co-operation which have so far been established in the nuclear field and the principal safeguards which have been incorporated in them. It argues that the experience of international co-operation and control in both the military and peaceful uses of nuclear energy can provide valuable lessons in the regulation of the future exploration and exploitation of outer space, where the problems of dual use are likely to be equally complex. The systems of inspection administered by international agencies in the field of nuclear energy, as found in the Statute of IAEA and in the ENEA Security Treaty, if allowed to operate, will provide helpful precedents not only for similar schemes of international cooperation and control in the peaceful uses of outer space but also for any effective plan of general disarmament without which there is no real hope in the effective demilitarization of either nuclear energy or outer space.
The Extraterrestrial Application of International Law
Authors: Cheng Bin
Published: April 2012

This chapter, through a re-examination and a reclassification of the concept of State jurisdiction, demonstrates that international law and international treaties, such as the United Nations Charter, are in principle applicable to outer space from the very beginning and do not need to be specifically extended to it. Inasmuch as outer space and celestial bodies are of concern to all States, whether having space capabilities or not, it would seem to be in the interest of every State to seek the early conclusion of a general treaty on the boundary between national space and outer space, and another on non-appropriation of celestial bodies, even though ultimate success must depend on their being acceptable to, and accepted by, the majority of space powers and both superpowers.
The United Nations and Outer Space
Authors: Cheng Bin
Published: April 2012

This chapter provides from the legal point of view a general survey of the work of the United Nations in the space field, as well as an examination of certain related and very specific issues and disputes which the United Nations was dealing with at the time. Among these were the problem of the allocation and control of radio frequencies, the legality of the use of reconnaissance satellites, which was related to the question of the definition and delimitation of outer space, and the military use of outer space. The dispute in and outside the United Nations between the Soviet Union and the United States over two aerial incidents which occurred in 1960 provided the basis for a clear and fundamental distinction being drawn between the legality of peripheral and penetrative reconnaissance in international law. This distinction is crucial in determining the legality of reconnaissance by means of satellites, provided of course that it is possible to define the boundary between national airspace and outer space.
The United Nations and the Development of International Law Relating to Outer Space
Authors: Cheng Bin
Published: April 2012

This chapter discusses the work of the United Nations in the development of international space law. It covers resolutions, treaties, and conventions; procedure, the legal status of general assembly resolutions and the nature of general international law, and conditions governing international rule-making. These are worthy of attention, first, because of the intrinsic importance of this new branch of international law. Secondly, since the United Nations is likely to remain the main forum for the future development of general international space law, an understanding of the process whereby its work has been carried out will be of help in shaping its future approach to the subject. Lastly, a study of the subject may provide useful insights into the nature of general international law and the process of its formation; for in the development of space law in the United Nations one witnesses in effect, in almost laboratory conditions, the birth and growth of an entirely new branch of international law. UN resolutions, treaties, and conventions; and UN procedure, the legal status of general assembly resolutions and the nature of general international law, and conditions governing international rule-making are discussed.
The 1967 Space Treaty
Authors: Cheng Bin
Published: April 2012

This chapter details the events leading up to the ratification of the 1967 Space Treaty. The Space Treaty was born from the need to determine the legal status of celestial bodies before man’s landing on the moon, and based on a tacit agreement on the part of the super powers to forgo territorial claims and military activities on all celestial bodies. In converting into legally binding rules non-binding norms contained in successive General Assembly resolutions on the legal regime of outer space and celestial bodies and on international co-operation in their exploration and use, the treaty now provides a proper legal framework for future activities of States in this New World of the space age.
Nationality for Spacecraft?
Authors: Cheng Bin
Published: April 2012

This chapter suggests that nationality be conferred on space objects, as in the case of ships and aircraft, in order to remove some of the present anomalies. Nationality would denote that the national State enjoys quasi-territorial jurisdiction, including quasi-territorial jurisaction, over any space object bearing its nationality, including all persons and things on board or constructively on board. This quasi-territorial jurisaction would override all concurrent personal jurisactions of the national States of any foreigners who may be on board, but would give way to the territorial jurisaction of any State in which the space object may land intentionally or by accident. Such nationality may depend on registration, as is the case with aircraft, or on a combination of either registration or ownership, as is the case with ships.
International Responsibility and Liability for Launch Activities
Authors: Cheng Bin
Published: April 2012

It was only in 1957 that Sputnik I succeeded in being the first object launched from this planet to reach outer space. Yet today the launching of objects into space, although not quite yet, promises soon to be almost a daily occurrence. Responsibility and liability for launch activities consequently deserve close attention. In examining the problem of international responsibility and liability for launch activities, it is necessary to clarify the meaning of these different terms used, namely, international responsibility, international liability, and launch activities.
The Commercial Development of Space: the Need for New Treaties
Authors: Cheng Bin
Published: April 2012

In an overall survey of the whole field of international space law, this chapter seeks to pinpoint, particularly from the perspective of the future commercial development of space, those areas of law which require clarification, improvement, and further regulation, and thus stand in need of new treaties.
The Contribution of Air and Space Law to the Development of International Law
Authors: Cheng Bin
Published: April 2012

This chapter, among other things, sets out certain lessons that can be learned from the observation of the birth and growth of air and space law in the 20th century — lessons which may well assist us in our understanding of the nature, and the conditions for the future development, of the international legal system as a whole. Topics discussed include the sources of international law, the role of the dominant section in the making of rules of general international law, and conditions governing international rule-making.
Standing and Admissibility
Authors: ALDRICH GEORGE H.
Published: April 2012

The Claims Settlement Declaration makes no reference either to the ‘standing’ of claimants to present and pursue their claims or to the ‘admissibility’ or ‘non-admissibility’ of claims. Nevertheless, the concepts of standing and admissibility were reflected in a few Awards. In general, the Iran–United States Claims Tribunal ruled that a claimant – or counterclaimant – lacked the standing to present or recover on a claim only when the evidence indicated that the claimant did not ‘own’ the claim, in the sense that any proceeds of the claim rightfully belonged to someone else. With respect to admissibility, the Tribunal’s very few holdings indicate that it considered claims based on penal, tax, or social security laws non-admissible, as well as claims too vague to state a cognizable claim or cause of action.
Interim Measures of Relief
Authors: ALDRICH GEORGE H.
Published: April 2012

The Algiers Declarations make no direct reference to interim measures that the Iran–United States Claims Tribunal might order, but Article 3, Paragraph 2 of the Claims Settlement Declaration makes an indirect reference by providing that the Tribunal ‘shall conduct its business in accordance with the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL) except to the extent modified by the parties or by the Tribunal to ensure that this agreement can be carried out’. The relevant provision of the UNCITRAL Rules – which is unchanged in the Tribunal Rules – is Article 26. When the Tribunal first addressed a request for interim measures of protection, it based the measures it ordered, not on Article 26, but on its ‘inherent powers’. The Tribunal did not refer to Article 26 in requesting Iran to stay proceedings against E-Systems in an Iranian court that involved the same contract and many of the same issues as E-System’s claims before the Tribunal.
Contractual Issues
Authors: ALDRICH GEORGE H.
Published: April 2012

Claims arising out of contractual relationships constituted a substantial part of the total claims presented to the Iran–United States Claims Tribunal. Included were contracts between agencies of the two governments, contracts between private persons and a government agency, and contracts between private persons where one government became liable for the debts of one of the parties by virtue of the Algiers Declarations and the exercise by that government of control over that party. The great variety of contracts, parties, and circumstances gave the Tribunal the opportunity to address many contractual issues. The effects of the Iranian Revolution on contractual relationships ensured that the Tribunal would deal extensively with the concepts of force majeure and the termination of contracts because of frustration or impossibility of performance.
Procedural Issues
Authors: ALDRICH GEORGE H.
Published: April 2012

The Claims Settlement Declaration provided in Article one for efforts to settle claims covered by Article two during a six-month period, following which claims could be submitted to the Iran–United States Claims Tribunal. The resulting deadline was January 19, 1982. Despite the publicity given to that deadline, a number of claims were received by the Tribunal after January 19, 1982. The Tribunal’s Registrar refused to file those claims. Some claims which had been timely filed were also refused by the Registrar for various failures to comply with other requirements of the Declaration or the Tribunal Rules. All those whose claims were refused were notified by the Registrar that the refusals could be appealed to the Tribunal, and many appeals were filed. Each appeal resulted in a Decision by the Tribunal with respect to the correctness of the refusal. While a few refusals were reversed on appeal, most were upheld.
Miscellaneous Issues
Authors: ALDRICH GEORGE H.
Published: April 2012

This chapter reviews the Decisions by the Iran–United States Claims Tribunal on certain issues. One result of the Iranian Revolution was the abrupt and massive departure from Iran of foreign nationals, including Americans. The concept of liability for wrongful expulsion was first referred to in dicta in International Technical Products Corp., et al. v. The Government of the Islamic Republic of Iran, et al. The Tribunal noted that the claimants conceded that they had decided to leave Iran in December 1978 because of the conditions then prevailing, and the Tribunal concluded that it could decide the claims and counterclaims without deciding whether they were expelled from Iran. The first expulsion Award by the Tribunal was Alfred L. W. Short v. The Islamic Republic of Iran, and it held that the claimant had failed to prove that his departure was attributable to wrongful conduct by Iran.
Structure and Function in Criminal Law
Authors: Robinson Paul H.
Published: April 2012

This book provides a new critique of the often neglected problem of classification within the criminal law. The author presents a discussion of the present conceptual framework of the law, and offers explanations of how and why formal structures do not match the operation of law in practice. In this scholarly exposition of applied criminal theory, the author argues that the current operational structure of the criminal law fails to take account of its different functions. He goes on to suggest new sample codes of criminal conduct and criminal adjudication which mark a real departure from the pragmatic approach which presently dominates code-making. This rounded exploration of the structure of systems of criminal law is an important work for law teachers and policy makers world-wide.
Drafting a Code of Conduct
Authors: Robinson Paul H.
Published: April 2012

This chapter describes the strategies for drafting an effective code of conduct. Specifically discussed are the five drafting principles. Eliminating the liability and grading language from the provision leaves a fairly readable and understandable rule. Many offences in current codes prohibit conduct identical to that prohibited by other offences; the offences are defined separately only for grading purposes. The use of simple and plain language can enhance a code's communicative potential. A code of conduct inspires greater compliance if, in the public's view, it describes conduct that the public sees as wrongful. In other words, the code's credibility as an accurate statement of what is wrongful conduct enhances its effectiveness; its lack of credibility can undercut compliance.
Sources of the Constitution
Authors: Bell John
Published: April 2012

This chapter introduces the various sources of the Constitution and how they relate to each other. It is specifically about the ‘formal sources’ (to use the French term) of the Constitution, in the sense of the authoritative standards by reference to which constitutional norms are identified. Necessarily, this also leads to a discussion of the ‘material sources’ of the Constitution, namely, the particular texts from which constitutional norms are quarried. It is not directly concerned with the sources for the political legitimacy of these constitutional norms — why they have come to be treated as authoritative — but such issues will arise tangentially from time to time. The 1958 Constitution is fairly full and complete in its provisions establishing the organs of government and their powers. Remaining rules are found in organic laws and parliamentary standing orders. Moreover, the decisions of the Conseil constitutionnel will provide a concrete source to which most French lawyers will turn. They do not constitute a formal source of the Constitution in the way that some English court decisions do.
Law in the Crisis of Empire 379-455 AD
Authors: Honoré Tony
Published: April 2012

This book is a work of reference, which also features an essay on the analysis of style, a contribution to the prosopography of the late Roman quaestorship and a reflection on the fall of the Western and the survival of the Eastern Roman Empire. The author examines the laws of a crucial period of the late Roman Empire (379–455 AD), a time when the West collapsed while the East survived. Wherever possible, the author assigns each law to the likely imperial quaestor who drafted it. This approach yields a list of office holders (Fasti), in which each quaestor is associated with the laws he drafted. The author shows why the Eastern Theodosian Code (429–438 AD), intended to restore the legal and administrative unity of the Roman Empire, came too late to save the West. The Palingenesia on an accompanying disk will enable scholars to read the texts chronologically and to judge the soundness of the arguments advanced.
Introduction to the Problems of Legal Theory
Authors: Kelsen Hans
Published: April 2012

Hans Kelsen is considered to be one of the foremost legal theorists and philosophers of the 20th century. His writing made an important contribution to many areas, especially those of legal theory and international law. Over a number of decades, he developed an important legal theory which found its first complete exposition in Reine Rechtslehre, or Pure Theory of Law, the first edition of which was published in Vienna in 1934. This is the first English translation of that work. It covers such topics as law and morality, the legal system and its hierarchical structure, the identity of law and state, and international law.
The Practice of Corrective Justice
Authors: COLEMAN JULES L.
Published: April 2012

The extent to which this book sees corrective justice in tort law surely depends on its understanding of it; the same is true of any would-be corrective justice account of tort law: Ernest Weinrib’s, George Fletcher’s, and Richard Epstein’s, as well as Jules Coleman’s. So it is only natural to ask whether any of them is right about the content of corrective justice. And that requires an account of what it means to say that a particular conception of a concept like corrective justice is correct, as well as an account of the adequacy conditions of such a judgment. This chapter tackles some of these meta-ethical concerns. Before doing so, however, the chapter outlines the way in which corrective justice figures in the general approach to political philosophy.
The Uneasy Place of Principle in Tort Law
Authors: Christie George C.
Published: April 2012

Lawyers have always had the urge to find some coherent logical structure in the law. One recalls Sir Edward Coke’s assertion that the common law is ‘an artificial perfection of reason, gotten by long study, observation, and experience’. In the last 30 years, however, there has been an increased interest among scholars, judges, and practicing lawyers concerned with the law of torts to find the principles that underlie that law. Recent experience brings to mind a number of such normative principles which have been urged upon the profession by scholars and judges. To see why someone might be tempted to make this observation, it will be useful to examine some of these well-known recent attempts to subject tort law to the discipline of principles. One preliminary observation is that many of the objections to the use of particular principles in the decision of tort cases arise from oversimplified characterisations of the facts of particular cases that end up making legal disputes into verbal disputes.
The Idea of Complementarity as a Philosophical Basis for Pluralism in Tort Law
Authors: ENGLARD IZHAK
Published: April 2012

This chapter rests upon certain premises that are controversial: it supposes both the existence and desirability of multiple aims and functions in the framework of tort law. The idea of ‘complementarity’ in the specific sense formulated by its founder, the Danish physicist Niels Bohr, assumes the inherently contradictory nature of the various aims and functions of the law of torts. Thus, to the extent that the rules, principles, and aims of tort law are viewed as inconsistent or ‘incoherent’, the concept of complementarity provides a justificatory foundation for this normative reality. Pluralism itself is viewed differently by the various monistic theorists. It should be noted, however, that the contradictions and incoherencies inside tort law, as revealed by Jack Balkin, are not identical with Ernest Weinrib’s concern for formal consistency. Balkin’s central opposition of individualism and communalism does not square with Weinrib’s formal dichotomy of corrective justice and distributive justice.
Intention in Tort Law
Authors: FINNIS JOHN
Published: April 2012

This chapter indicates how academic writings as widely different as economic analysis of law and the restatement of torts have obscured the reality of intentions, and how that reality is clarified in the judicial development of doctrines as widely different as battery and conspiracy to injure in trade and labor relations. Intention is a tough, sophisticated, and serviceable concept. Included in one’s intention is everything which is part of one’s plan (proposal), whether as purpose or as way of effecting one’s purpose(s): everything which is part of one’s reason for behaving as one does. In reading the words ‘plan’, ‘proposal’, ‘deliberation’, and ‘choice’, one should ignore all connotations of formality and ‘deliberateness’; in the relevant sense there is a plan or proposal wherever there is trying, or doing (or refraining from doing) something in order to bring about something or as a way of accomplishing something.
Contributory Negligence: Conceptual and Normative Issues
Authors: Simons Kenneth W.
Published: April 2012

This chapter examines conceptual and normative issues concerning contributory negligence and places them within the broader conceptual, doctrinal, and normative framework of tort law. It assesses the extent to which the parties’ moral claims ground their legal rights and remedies, without careful regard to practical and institutional constraints. However, some of the analysis might suggest reasons for altering or refining current legal doctrine. For simplicity, the chapter uses the term ‘contributory negligence’ as a shorthand for either traditional contributory negligence, which was a complete bar to recovery, or modern comparative negligence, where the plaintiff’s negligence reduces but need not bar recovery. The concept of injurer fault does entail that the injurer should have acted otherwise, since injurer fault means conduct that is deficient relative to a standard of reasonable care.
Accession by Building
Authors: Van Der Merwe C. G.
Published: April 2012

The Scots concept of accession by building has its roots in Roman law. Unfortunately, the sources on inaedificatio as an original mode of acquisition of property deal primarily with remedies and contain no clear guidelines on what constitutes accession. In principle, beams and other materials used in the erection of houses became, for the time being, the property of the owner of the house. The owner of the materials retained the dominium dormiens in the materials which revived if the building was pulled down. The rationale was that a completed building should not be demolished but should remain intact.
Assignation
Authors: Luing Klaus
Published: April 2012

Assignations of reversions were common in the early period. ‘Reversion’ was the right of a seller/debtor to buy back, or to redeem on repayment of the money received as the price/loan, property such as land or rents which had been sold in order to secure a debt. The reversion could be constituted in favour, not only of the seller/debtor and his heirs, but also of his assignees, provided this was mentioned in the instrument. Presumably a reason for assigning reversions was as security for further loans.
What is ‘left’ when all is said and done? Spatial coding and hemispatial neglect
Authors: Behrmann Marlene , Geng Joy J.
Published: April 2012

This chapter addresses a specific question: When patients ignore information on the contralateral left, what is it left of? Furthermore, is the same form of spatial coding undertaken in different sensory modalities? By examining what coordinates are used to determine the midline such that information to the left of it is neglected, an understanding of how spatial position is coded in parietal cortex and how cross-modal translation may occur can be acquired. In particular, the chapter begins by reviewing the relevant neuropsychological findings that provide evidence for different reference frames, in both vision and other modalities. It then briefly outlines linked evidence from single-unit recording studies and functional imaging. While there is general overlap and understanding between neuropsychological studies, functional magnetic resonance imaging (fMRI) studies, and neurophysiological investigations with nonhuman primates, the questions posed at the beginning are far from being resolved.
Spatial anisometry and representational release in neglect
Authors: Chatterjee Anjan
Published: April 2012

This chapter argues that disruption by brain damage occurs in patients with spatial neglect. It begins by discussing psychophysical principles in general, and with reference to patients with neglect. It then concentrates on line bisection tasks, with respect to the graded distortions, or anisometry, of the mental representations of these patients. Next, it describes whether the abnormal gradients of attention in neglect are distributed over external space or over internal representations. Finally, it reports the cross-over phenomenon, which refers to a paradoxical behavior seen when most neglect patients bisect short lines. It is proposed that the cross-over phenomenon follows from a general psychophysical principle and is not confined to visual spatial stimuli. Lastly, it suggests that the cross-over phenomenon points to an underlying instability of mental representations in patients with neglect and to ways in which perceptions are influenced by the context in which stimuli are apprehended.
Illusions in neglect, illusions of neglect
Authors: Vallar Giuseppe , Daini Roberta
Published: April 2012

This chapter provides a discussion on illusions in neglect. The data shows that the pathological bias producing the line-length effect applies not only to physical but also to perceived represented length. In general, the available empirical evidence concerning the processing of visual illusions in right-brain-damaged patients with left neglect consistently indicates that the levels of representation where these visual phenomena arise are largely preserved. Moreover, illusory effects are disrupted in patients with left neglect when the lesions extend from the posterior-inferior parietal region, which represents the main anatomical correlate of this disorder, more caudally to the occipital regions. The view that multiple representations of lateral extension may exist in the brain, within different reference frames, is compatible with the finding that a related perceptual disorder has been observed in right-brain-damaged patients with unilateral neglect — a tendency to ‘overvalue’ the size of ipsilesional drawings and ‘size distortion’.
Spatial extinction and its relation to mechanisms of normal attention
Authors: Mattingley Jason B.
Published: April 2012

This chapter addresses the various clinical manifestations of extinction and relates these to relevant data on attentional limits in normal subjects. It then offers an overview of recent findings from studies of extinction that have focused on cross-modal interactions, the influences of temporally asynchronous stimulation, motor competition, and perceptual grouping, and links these results where possible to relevant behavioral, neurophysiological, and brain imaging data. It concludes by considering the possible sites of brain damage that give rise to extinction, and suggests some fruitful avenues for future research. The studies reviewed show that competitive interactions provide a significant mechanism for the selective processing of sensory inputs in the normal brain. They also provide evidence that spatial extinction following unilateral brain damage reflects the outcome of biased competition between simultaneous contralesional and ipsilesional stimuli. The use of functional magnetic resonance imaging (fMRI) and event-related potentials has already begun to reveal the brain basis for unconscious processing in extinction.