bluuebunny/crossref_metadata_2025 huggingface dataset:
Technocratic rationality
Authors: Townley Barbara
Published: October 2011

The link between rationality, knowledge, and causality introduces the third aspect of a disembedded rationality, that which speaks to the concept of causality embedded in rational action. Where ends are uncontentious and means well defined, that is, cause-effect or means-end relationships are well understood, rational action is the adoption of technically rational means or solutions to achieve desired ends. Where ends are not well defined and well understood, or means are not apparent, technically rational action is not possible. Most organizational issues involve either a degree of contention over ends, or means that are not well defined. Hence the reference to a technocratic rationality. Technocratic denotes the application of technical means to areas as if cause and effect relationships are well established and technically rational action is possible. Technocratic rationality is the presumption or fabrication of means-end relationships. This chapter outlines how the technical has been portrayed in organization studies and the ease of its transformation into the technocratic.
Collective rationality
Authors: Townley Barbara
Published: October 2011

This chapter discusses the concept of collective rationality. Collective rationality is rational cooperation guided by collective reasoning: ‘a cooperative effort, involving linguistic exchange, to answer a question or solve a problem confronting a group’. Debates concerning collective rationality reflect the divergent disciplinary backgrounds that influence its discussion. Two meanings of the concept of ‘collective rationality’ may be distinguished. The first is a collective decision, where ‘collective rationality’ records a form of group process to arrive at a decision. This may not reflect anything other than an aggregation of individual decisions (collective action). In the second, ‘collective rationality’ is a position or decision made by a collective entity. The ‘rationality’ reflects the position of a collective entity and is indicative of its collective agreement, however temporary (collective reasoning). At essence, both collective action and collective reasoning are debates about a collective good.
In the Name of the Commons, 1786–1787
Authors: Lock F.P.
Published: October 2011

This chapter examines the activities and career of British politician Edmund Burke during the period from 1786 to 1787. In September 1786, Burke attended the corruption trial of William Hastings in Parliament. Both men are self-righteous but they were psychological opposites. Analyses of Burke's writings during this period reveal that he felt keenly about his exclusion from the innermost circles of his Whig Party and the neglect of any permanent provision for his family.
Triumph and Tribulation, 1790–1791
Authors: Lock F.P.
Published: October 2011

This chapter discusses the triumph and tribulation experienced by British politician Edmund Burke related to the publication of his book Reflections on the Revolution in France. Burke was exposed to some ridicule because the book was prematurely advertised in early February when it was to be published in November 1790. Many of his opponents were ready for their criticisms and counterpoints. Thus, the immediate success of the book was both a relief and triumph for Burke. By the end of 1790, the book sold a total of 17,500 copies at five shillings each.
A Withered Stump, 1794–1795
Authors: Lock F.P.
Published: October 2011

This chapter discusses the retirement of British politician Edmund Burke in 1794. There are two reasons that likely influenced Burke's retirement. One is that the occasion of the vote of thanks itself had been purgatorial and humiliating, and that Burke was alienated from his former associates and uneasy with his new ones. He was also marginalized in an arena dominated by the personal rivalry between William Pitt and Charles James Fox.
Austria, Hungary, and the Habsburgs
Authors: Evans R.J.W.
Published: October 2011

This book contains a collection of essays addressing a number of wide-ranging, interrelated themes spanning over 200 years of the Habsburg Empire. The book is a political, religious, cultural and social history of a broad but often neglected swathe of the European continent. It seeks — against the grain of conventional presentations — to apprehend the era from the late-seventeenth to late-nineteenth century as a whole. Casting light on key aspects of the evolution towards modern statehood in Central Europe, it also dwells on the crises of ancien-regime structures there, in the face of new challenges both at home and abroad. Much attention is devoted to the Austrian or Habsburg lands, especially the interplay of the main territories which comprised them. A further central issue analysed is the evolution of the kingdom of Hungary, from its full acquisition by the Habsburgs at the beginning of the period to the emergence of the dual Austro-Hungarian Monarchy at the end. More than this though, the book examines the individual character of the essay as a genre.
Religion and Society
Authors: Carey Hilary M.
Published: October 2011

This chapter examines the role of religion and the missionary impulse on British colonization of Australia. It explores the activities of the colonizing clergies only in relation to Australian Aborigines but also in relation to enlarging the scope of Australia’s Empire into the Pacific. This chapter contends that though religion remained active in instilling notions of loyalty in congregations, religion never acquired the potency of race in the Australian conception of the British world.
War and Commemoration: ‘The Responsibility of Empire’
Authors: Damousi Joy
Published: October 2011

This chapter examines Australians participating in British imperial wars and commemorations. It evaluates Australia’s role in different events from the Sudan expedition in the 1880s to the recent revival of interest in Anzac Day. It suggests that the memory and meaning of warfare in Australia is determined by local insistence on the reciprocal nature of Australia’s obligation to defend the Empire. This chapter also discusses the contribution of the Australian Imperial Force in World War I and the amalgamation of imperial loyalty and Australian achievement in World War II.
Popular Culture
Authors: White Richard , Teo Hsu-Ming
Published: October 2011

This chapter examines popular culture of the British Empire in Australia. It identifies the underlying structural reasons for the emphasis on ‘the popular’ in the creative output of the colonies and evaluates the imperial myths and meanings which animated the popular pastimes of the colonists. It suggests that even popular ephemera normally associated with the promotion of a distinctive Australian nationalism were often created against imperial and even determined by it.
Introducing the WTO and International Human Rights Law Regimes
Authors: Joseph Sarah
Published: October 2011

This chapter explains the WTO regime and the international human rights regime. Greater attention is paid to the latter, while WTO law is fleshed out more in the following chapters. In particular, economic, social, and cultural rights are explained. This chapter states that those rights are less well understood in the broader community, including by trade lawyers and scholars, compared to civil and political rights.
Democratic Deficit and the WTO
Authors: Joseph Sarah
Published: October 2011

This chapter analyses arguments that the WTO suffers from a ‘democratic deficit’, which would cast doubt on the legitimacy and perhaps the desirability of the WTO's rules. The first section outlines the claim that WTO internal processes, such as negotiation and dispute settlement, undermine the capacities of States to act in accordance with the wishes of their populations. A related argument is that those same processes act to the disadvantage of particular constituencies, namely developing States and social justice interests. The second section explains the relevance to these issues of international human rights law, particularly the right of political participation in Article 25 of the International Covenant on Civil and Political Rights 1966 (ICCPR). Many of the alleged democratic deficits of and within the WTO afflict other international regimes. In this regard, the third section compares the WTO regime and the international human rights regime in order to identify whether democratic deficiencies within the WTO are of greater concern than the general democratic deficiencies that exist at the international level of governance. The fourth section briefly addresses arguments regarding the effect on democratic practices of the WTO. It considers the substantive question of whether the WTO in fact helps to foster democracy in nations, regardless of any lack of internal democratic legitimacy. The fifth section addresses the proposition that the WTO enhances the power of developing States, regardless of internal procedural flaws, due to its multilateral nature, while the sixth section concludes.
‘Human Rights’ Restrictions on Trade
Authors: Joseph Sarah
Published: October 2011

This chapter first examines the notion of human rights trade sanctions, both on a general and a product basis. It then considers the relevant scope of the General Agreement on Tariffs and Trade 1947 (GATT) and General Agreement on Trade in Services (GATS) obligations, including the prohibitions on discrimination as well as relevant exceptions in Article XX of GATT and Article XIV of GATS. This law is examined with regard to its effect on human rights trade measures. The same analysis is then undertaken with regard to the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) and the Agreement on Technical Barriers to Trade (TBT). The most commonly proposed human rights trade measures relate to labour rights, so the possibility of a new labour rights or ‘social’ clause in the WTO is examined. The role of waivers in bringing WTO rules into compliance with human rights is then discussed. Finally, the potential for WTO rules to open up States to trade which improves human rights is examined, by inquiring into whether WTO rules might be used to challenge laws mandating extensive internet censorship.
The WTO, Poverty, and Development
Authors: Joseph Sarah
Published: October 2011

This chapter examines the impact of WTO rules on poverty and development, particularly in developing States. It argues that current WTO rules are biased against the interests of developing States. It also challenges the orthodox argument that free trade alleviates poverty. Unfair treatment of, and the prescription of inappropriate rules for, developing States within the WTO is not itself a human rights issue as States per se do not have human rights. However, such issues clearly bear an instrumental relationship with human rights protection as they impact on the capacity of developing States to discharge their human rights obligations.
Emotionism
Authors: Prinz Jesse J.
Published: October 2011

Moral judgements are anything but indifferent and this is exemplified in this chapter through the comparison of asking opinion about capital punishment in which a common answer would be the feeling that it is unjustifiable. If it is turned into the question of one's feeling about trees, the answer would probably not be that one feels they photosynthesize. Ethical theorists, on the other hand, are prepared to reject the contrast as the claim that emotions figure into morality can be defined in various ways. There are two distinct emotionist theses and these are discussed in the present chapter arguing first that identifying moral properties cannot be made without referring to an emotion or class of emotions. Philosophical arguments are considered in favor of emotionism, although the cases presented are not intended to be demonstrative proof that the ontology and epistemology of morals can be implicated by emotions.
Criminology's Public Roles: A Drama in Six Acts
Authors: Loader Ian , Sparks Richard
Published: October 2011

This chapter addresses the following questions: what contribution can criminological knowledge make to shaping responses to crime in a polity which acknowledges crime and punishment to be properly political issues? What in a democracy is the public value of criminology? What is the collective good that criminological enquiry seeks to promote? What modes of intervention — and what institutional arrangements — can best realize that good? To answer these questions a new figure, or perhaps more accurately, a revived and updated old one, is introduced. This character, following and extending John Locke (1690/1975), is called the democratic under-labourer. The figure is used to elaborate and defend the idea that we can best give coherence to criminology's public purpose by understanding its role as one of seeking to foster and sustain a better politics of crime and its regulation. This figure — the hero or heroine of the drama that follows — emerges from an effort to revisit and revise an earlier treatment of these issues by Garland and Sparks.
A New Look at Victim and Offender—An Abolitionist Approach
Authors: Mathiesen Thomas , Hjemdal Ole Kristian
Published: October 2011

This chapter focuses on the concept of abolitionism. Abolition as a stance and academic abolitionism are two forms of theoretical abolitionism present in a time where the actual abolition of prisons lies in the future, out of our reach. Both are viable and important. But there is also another possibility, a third form of abolitionism, which is as viable and important as the others. It brings in a third dimension, where a retreat to the safe haven of the academy or a mere dimension of a staunch no is combined with ‘expeditions’ and actions favouring basic change in the outside world, notably at key points in prison and penal policies and culture. This third form of abolitionism crosses boundaries with stamina and resolve, brings in deep and prolonged interaction with those who are subject to the so-called criminal justice system — the prisoners — and is, up to a point, practical. The chapter also proposes a different way of looking at the relationship between victim and offender.
Criminal Justice, Not Criminology?
Authors: Ashworth Andrew
Published: October 2011

This chapter argues that a great deal of what is commonly regarded as criminology is in fact the study of criminal justice. This assumes that ‘criminal justice’ is chiefly concerned with the institutions of the criminal justice system, and the roles and practices of those who work within them. Some would say that it should also include the legal rules and guidelines that those working within the criminal justice system are supposed to apply, whereas others would insist that those fall squarely within the separate discipline of law, notably criminal law and criminal procedure. This taxonomy would leave ‘criminology’ as having two possible senses — the narrow sense of a study of the causes of offending, focusing on individuals in their social setting; and the broader all-encompassing notion of criminology that is taken to cover all studies of crime, criminals, and official responses to them.
Being a Criminologist: Investigation as a Lifestyle and Living
Authors: Liebling Alison
Published: October 2011

This chapter reflects on some aspects of ‘being a criminologist’ who specializes in prisons research. It considers the purpose of research and some of the outcomes of research projects that the author of this chapter has led or conducted. It ends with a few reflections on the research experience. It is argued that research — understood as ‘authentic description’ — has a moral and explanatory value. Nothing gives us firmer credentials for forging change than having a firm empirical grasp of actual practices and experiences. We should, however, be wary of ‘correctional agendas’.
17 ‘Best Before Date Shown’: Residual Mechanisms at the ICTY
Authors: Acquaviva Guido
Published: October 2011

This chapter outlines some of the issues raised by the topic of ‘residual mechanisms’ in the context of the closing down of the ICTY. Starting from a general introduction of the unique features of most contemporary international tribunals which render some type of residual mechanisms necessary, it discusses the functions currently exercised by the ICTY which are commonly perceived as requiring ‘residual mechanisms’ after the end of trial and appellate activities. Following a brief analysis of the most important residual functions, it focuses on two sets of activities: those entailing judicial functions and those relating to the voluminous archives presently held by the ICTY. The discussion highlights the need to strike a balance between two sets of potentially conflicting requirements: the need to respect ‘due process’ and ‘fairness’, and demands for ‘efficiency’ and ‘cost-effectiveness’. These concepts, as well as the inevitable tensions caused by their practical implementation, have long been in the minds of those developing the completion strategy for, and assessing the legacy of, the ICTY. On the basis of a slowly emerging consensus on how to reconcile the various rights and interests involved, the chapter finally ventures to suggest a line of action to be undertaken by the UN and other relevant stakeholders in devising and implementing mechanisms concerning the ICTY's residual functions once this Tribunal's mandate is complete.
An Objectivistaccount of Probabilities in Statistical Mechanics
Authors: Lavis D.A.
Published: October 2011

This chapter defends and refines a specific objectivist interpretation of probabilities in statistical mechanics. For ergodic systems, probabilities are defined as time-averages. For other systems, ergodic decomposition is applied, and stochastic nomological machines are used to assign probabilities over the members of the decomposition. The relevance of this analysis to the Boltzmann and Gibbs approaches to statistical mechanics is discussed. The chapter shows that the proposed definition of probabilities matches a Boltzmann-like approach particularly well if the sharp distinction between equilibrium and non-equilibrium is given up and if more emphasis is laid upon the global time profile of entropy. The chapter furthermore argues that the alleged weaknesses of the time-average definition of probability are avoided.
Interpreting Probabilities in Quantum Field Theory and Quantum Statistical Mechanics
Authors: Ruetsche Laura , Earman John
Published: October 2011

Philosophical accounts of quantum theory commonly suppose that the observables of a quantum system form a Type-I factor von Neumann algebra. Such algebras always have atoms, which are minimal projection operators in the case of quantum mechanics. However, relativistic quantum field theory and the thermodynamic limit of quantum statistical mechanics make extensive use of von Neumann algebras of more general types. This chapter addresses the question whether interpretations of quantum probability devised in the usual manner continue to apply in the more general setting. Features of non-type I factor von Neumann algebras are cataloged. It is shown that these novel features do not cause the familiar formalism of quantum probability to falter, since Gleason's Theorem and the Lüders Rule can be generalized. However, the features render the problem of the interpretation of quantum probability more intricate.
Intentionally Killing the ‘Permanently Unconscious’
Authors: Finnis John
Published: October 2011

This chapter presents a critique of the decision of the House of Lords in Bland, upholding the withdrawing of food and water from Bland, with intent to terminate his life, on the ground that because he was in PVS (a permanent vegetative state) it was no longer worth living. The significance of the Lords' distinction between action and omission is questioned. The dualism involved in various judicial dicta about his life is critiqued. The very limited decriminalization of suicide in 1961 was not a recognition of ‘the principle of self-determination’. The intent in withdrawing sustenance to invalids whose death is not imminent is distinguished from the intent in desisting from medical treatments.
Introduction
Authors: Finnis John
Published: October 2011

This introductory chapter aims to vindicate the idea of human rights (properly understood in their logical complexity) against scepticism which puts in doubt, or treats as ungrounded, the idea that rights can and should be predicated of human persons just as such. The vindication involves articulating and illustrating the reality of the spiritual as an intrinsic aspect of each human being's unitary reality or nature. This in turn requires articulation of the idea of radical capacities, and at least suggests the relevance of the universe's being providentially ordered. A change of mind in relation to Aquinas and paternalism is pointed out. The main arguments in the volume's remaining parts are surveyed with brief commentary, explanation, contextualizing, and some updating.
Distributive Justice and the Bottom Line
Authors: Finnis John
Published: October 2011

This chapter presents an unpublished 1979 essay which responds to a critique of the draft chapter on justice in Natural Law and Natural Rights. It emphasizes that in the classical conception defended in that chapter, judgments about justice and injustice must take into account all relevant considerations; ‘just but unjustified’ and ‘unjust but justified’ are excluded predicates. This bears also on the fairness of procedures for distributing benefits or burdens. But objective injustice is one thing and subjectively culpable injustice can be another. The relation between justice and common good, e.g., in famine, is discussed.
Limited Government
Authors: Finnis John
Published: October 2011

This chapter contains the text of a 1996 essay which predates the author's revised understanding of Aquinas. But it points to other aspects of Aquinas's theory that promote (partly following Aristotle) the idea of morally required limits — of various kinds — on state government and law. One kind of limit is that (concerning killing of the innocent) rejected by Leo Strauss. Section III gives a brief list of the basic human goods, indicating that the political common good as such is not one of them — unlike marriage, which is. The political common good is, in a sense, instrumental. Section IV argues against framing political theory as liberal or non-liberal, and begins the critique, extended into the remaining two sections, of Stephen Macedo's incomplete rejection of state neutrality and espousal, instead, of a requirement of ‘public justifiability’. Natural law theory accepts that requirement, but not the artificial interpretation of it advanced by Rawls and Macedo. The discussion is illustrated by, inter alia, an examination and defence of the classical judgments (Plato, Plutarch, Musonius Rufus) about marriage and anti-marital (inter alia same-sex) practices.
Nationality and Alienage
Authors: Finnis John
Published: October 2011

This chapter articulates, and provides the (English) constitutional-historical and recent legal background for, a constitutional principle: risks to the public good that must be accepted when posed by a citizen — who therefore cannot be deported — need not be accepted when posed by a non-citizen, and may be obviated by the foreigner's expulsion. This is compatible with the right of everyone alike to be treated alike — equality before the law — while within the territory. The rationale of the principle finds support in parts of Raz's and other political theorists' discussion of multiculturalism and the conditions for a welfare and rule-of-law state.
The Restoration of Retribution
Authors: Finnis John
Published: October 2011

This chapter shows how Hart's account of restorative justice in relation to torts, in The Concept of Law, suggests an account of retributive justice in relation to crimes. Such an account is partially developed by Jeffrie Murphy, but needs the completion that is afforded when what the offender gains in the act of offending is correctly identified, along with the responsiveness of punishment precisely to that gain. Punishment has as its general justifying aim the restoration of the fair balance of advantages and disadvantages between citizens that was disrupted by the crime (when committed with full mensrea). The relations between this account and the different accounts of punishment's aim by Aquinas, Kant, and utilitarianism are traced.
Euthanasia and Justice
Authors: Finnis John
Published: October 2011

This chapter brings together the three phases of a rolling debate with John Harris about the justifiability of euthanasia. The senses of ‘euthanasia’ are carefully distinguished; the defining importance of intention is underlined and illustrated, and intention's moral significance is explored. The moral wrongness of choosing to terminate life is argued for as an implication of the reality of personhood and good of life even in the very young, very ill, or very old. The individuality of the early conceptus and the significance of radical capacity are explained against Harris's misunderstandings. The idea of the person in Harris and in Dworkin is discussed, as well as Dworkin's concept of critical interests. The final phases of the debate concern voluntary verses involuntary euthanasia, responsibility for side effects, the idea that some people ‘should die’, the dualism involved in denying radical capacity's significance, and the unfair implications of autonomous choices to be killed.
Justice for Mother and Child
Authors: Finnis John
Published: October 2011

The main sections of this chapter argue, with attention to many distinctions, that if the life of either the mother or her unborn child can be saved only by some medical procedure which will adversely affect the other, it is morally (and should be legally) permissible to undertake the procedure with intent to save life, provided it is the most effective procedure available to increase the overall probability that one or other (or both) will survive. Later sections briefly consider prenatal screening and genetic counselling, participation in abortions, and embryo experimentation.
Blackstone's Theoretical Intentions
Authors: Finnis John
Published: October 2011

The introductory discourse in Blackstone's Commentaries on the Laws of England (1765), and its definition of law, has usually been read as focused on the thesis that unjust laws are not laws. But that was not Blackstone's point, and his theoretical intentions, as manifested in the highly deliberated architecture of the Commentaries (traced in historical origin and structural and linguistic detail in the chapter), were much more interesting and complex. Like the main body of the natural law tradition, his interest lay in the various forms of derivation of positive from natural law (moral principle). His works' fruits in William Jones 1781 Essay on Bailments are methodologically superior to Bentham's work from 1776 onwards.
Practical Reasoning in Law: Some Clarifications
Authors: Finnis John
Published: October 2011

This chapter responds to criticisms of Natural Law and Natural Rights, Chapter 16 of this volume, and a version of Chapter 14 in Volume I of this text. The topics debated are method in natural law theory; ‘rational choice’ and incommensurability (an important section engaging with a number of hypothetical pertinently raised by David Luban); consequentialism; fairness, and the decision about ‘affirmative action’ in City of Richmond v Croson (1989) 488 US 469; easy cases at law; and the obligation to obey the law.
Darwin, Dewey, Religion, and the Public Domain
Authors: Finnis John
Published: October 2011

This chapter, composed as a Dewey lecture, argues that Darwin is a better guide for thinking about the place of religion in public life and in the Constitution than John Dewey, who denied that knowledge discloses reality and is all for the sake of controlling experience. Darwin acknowledged that there are reasons, not merely feelings or prior faith, for judging that the world is the product of an intelligent designer/creator. The arguments of Eisgruber and Sager that religious freedom deserves no specific constitutional protection misunderstand natural religion's significance and rational worth, for example as underpinning for the idea of human equality. Their arguments attributing disrespect, insult, or disparagement to religious exercises in schools are unsound. All philosophical arguments ought to be consistent with the worth of critically arguing for them, and that is a test failed by Hart and in different ways by Nietzsche, Posner, and many others. The European Court of Human Rights's judgment about Islamic Sharia provides important matter for reflection.
Catholic Positions in Liberal Debates
Authors: Finnis John
Published: October 2011

This chapter presents an essay written for a Catholic audience, and affirming the author's new position on Aquinas and the limited (non-paternalist) jurisdiction of State government and law. The three questions considered are: the reasons for treating truths of faith as proper grounds for action in public life; the permissibility and limits of cooperation (‘material’ or ‘formal’) with wrongdoers; and the limits to and proper forms of teaching by Church pastors on social and political issues. The chapters discussion of voting for ‘imperfect laws’ was corrected in Chapter 22 of Volume IV of this text.
The Significance of Questioning
Authors: Finnis John
Published: October 2011

This chapter presents an unpublished university sermon which challenges Hume's account of intelligence, A. J. Ayer's account of explanation and other forms of sceptical dogmatism, and attends to the role of questions in science. Questioning and scientific inquiry is then considered as an action, to which ethical demands apply so as to exclude obscurantism, over-confidence. As in Chapters 2 and 6 in Volume IV of this text, this is linked with friendship. An explanation is offered of Plato's ‘God is the measure’.
Hell and Hope
Authors: Finnis John
Published: October 2011

This chapter, unpublished from the 1990s, contests the thesis of Hans Urs von Balthasar that it is legitimate to hope that Hell will be found to have no human person ‘in it’. The doctrine of Hell is expounded in its own right (not least its difference from human conceptions of punishment), and in contrast with liberalized Christianity, and the new arguments of the Swiss theologian prove on analysis, it is argued, to be incoherent, and incompatible with the image and character of Christ as teacher and with a just appreciation of Augustine of Hippo.
Evolutionary Interpretation of Treaties: Between Memory and Prophecy
Authors: Dupuy Pierre-Marie
Published: October 2011

The durability of a treaty requires its capacity to adapt and change in accordance with the evolution of the situation for which it was designed to apply. One of the means that allow such adaptability is evolutionary interpretation. This chapter underlines the twofold nature of this interpretative technique. According to a first approach, evolutionary interpretation may be considered as a way to identify the common will of the parties as it would have resulted if they had renegotiated the agreement taking into account the circumstances that have since evolved. In the silence of Article 31 of the Vienna Convention, the case law of the ICJ supports the view that such a dynamic interpretation is allowed only where it is possible to infer from the terms of the treaty that the text is open to considerations of factual or legal evolution after its conclusion. However, when a treaty establishes an organization designed to achieve a shared purpose, the international judge entrusted with task of interpreting that treaty is often prone to act as the depositary of the common finality. In such a case, evolutionary interpretation tends to a teleological one. It therefore leads to question how far such interpretation could be taken and may generate allegations of ‘judicial activism’.
Treaty Interpretation by the WTO Appellate Body: The Conundrum of Article 17(6) of the WTO Antidumping Agreement
Authors: McRae Donald
Published: October 2011

Article 17(6)(ii) of the WTO Antidumping Agreement provides that where a panel finds that a provision of the Agreement admits of two ‘permissible’ interpretations, then it must find that a measure of a state is in conformity with the Agreement if it rests on one of those ‘permissible’ interpretations. The application of this provision by the WTO Appellate Body has led to considerable controversy. By following the approach that it must first interpret the provision of the Antidumping Agreement in question before deciding whether there are two ‘permissible’ interpretations, the Appellate Body has routinely concluded that interpretation leads to a single meaning, rather than to two ‘permissible’ interpretations of that provision. A single meaning by definition rules out the possibility of two ‘permissible’ meanings. This chapter argues that this constitutes a failure of interpretative methodology by the Appellate Body, which has the effect of voiding Article 17(6)(ii) of any content. It suggests that, the Appellate Body should see the application of Article 17(6)(ii) as requiring it first to address specifically whether two ‘permissible’ interpretations of the provision in question exist, rather than first establishing a single meaning and then asking whether there are other ‘permissible’ meanings.
TheHomeric Hymn to Hermes
Authors: Vergados Athanassios
Published: October 2011

This chapter looks at the unique presentation of epiphany in the Homeric Hymn to Hermes. Consideration is first given to the function and qualities of epiphanies elsewhere in the Homeric Hymns and other early epic. It is then shown that the Hymn to Hermes, while not containing a conventional scene of epiphany, treats epiphany according to the mode of the god's presentation in early Greek literature. Hermes' epiphany is enacted in performance and effected in part through the humour of the poem.
TheHomeric Hymn to Pan
Authors: Thomas Oliver
Published: October 2011

This chapter offers a systematic reading of the nineteenth Homeric Hymn to Pan and considers its relationship to the long Hymn to Hermes. A detailed analysis treats the poetics of the Hymn's narrative structures and Pan's representation in relation to other gods. It is argued that the inset musical performances of the nymphs serve to reflect upon the contents and performative roles of hymns in Greece. The chapter also considers carefully the poem's place and date of composition and its relationship to the spread of Pan's cult in Greece.
TheHomeric Hymnsas Genre
Authors: Clay Jenny
Published: October 2011

This chapter offers a reading of the Homeric Hymns as a genre distinct from the theogonic poetry of Hesiod and the Homeric epics the Iliad and Odyssey. It is argued that the Hymns are unified by their treatment of formative events that are epoch‐making moments in the Olympian order, such as the introduction of a god through birth. Consideration is also given to the performance context of the Hymns, and it is suggested that the longer Hymns developed originally as independent, Panhellenic compositions, not tied to any location.
1 Introduction
Authors: Borzu Sabahi
Published: October 2011

This chapter introduces the background and purposes of this study on compensation, restitution, and reparation. It supplies an outline of how the study moves from ancient Roman law to early European continental law to the modern customary law on State responsibility and reparation. A brief overview of each of the chapters and the attached annexes is also given. Additionally, the chapter sets out some of the terminology as it is used in this book for purposes of clarity. As there are a number of common terms in the international law of State responsibility that do not have settled meanings, how certain terms are defined for purposes of this study is provided.
4 Restitution
Authors: Borzu Sabahi
Published: October 2011

This chapter focuses on one form of reparation in international law: restitution. Restitution requires the re-establishment of the situation that had existed before the commission of an internationally wrongful act or the status quo ante. Though restitution has been recognized as the primary remedy in international law, practical limitations have minimized its use in international investment law. Here, the power of tribunals to award restitution in international law and the enforceability of such awards are discussed. The two general forms of restitution are then explored: firstly, material restitution, which includes the restitution of property and of money wrongfully taken from a rightful owner; and, secondly, juridical restitution, which requires restoring the legal situation that existed before the commission of the wrongful act, and includes specific performance. The doctrines of impossibility and disproportionate burden are also discussed with their limiting effect on restitution.
8 Conclusion
Authors: Borzu Sabahi
Published: October 2011

This chapter discusses ten important findings included in this book. One finding is the dual origin of the modern rules on State responsibility and reparation in both private law notions and public international law, resulting in the objective of reparation of putting the aggrieved party in the ‘hypothetical position’, that would have existed if the unlawful act had not occurred. This objective is mirrored in the modern Chorz ów Factory formula. Restitution, which seeks to re-establish the status quo ante, may need to be accompanied by additional compensation to fully reach the hypothetical position. The amount of compensation, on the other hand, based on the recent jurisprudence, may vary depending on whether the acts complained of were lawful or unlawful. Other important points arising from this study concerning the principles of reparation and compensation are also highlighted in the chapter.
Human Rights at the Interface of State and Sub-state: The Case of Scotland
Authors: Himsworth Chris
Published: October 2011

This chapter reviews the continuing peculiarities of the human rights regime in Scotland. These include: the strange emerging relationship between the Human Rights Act 1998 and the Scotland Act 1998, involving considerable technicalities that few parliamentarians can understand; the different and very limited character and potential contribution of ‘dialogue’ in devolved conditions; and the ‘threat’ of a ‘UK Bill of Rights’ fitting ill with a devolved jurisdiction.
Reclaiming the Political Protection of Rights: A Defence of Australian Party Politics
Authors: Tham Joo-Cheong
Published: October 2011

It is generally assumed that political parties are ‘unprincipled’ and uninvolved in debate and dialogue, so that they cannot be a significant player in protecting human rights. Political parties are disqualified because of their collectivist outlook, their concern with bargaining, and their focus on mobilization. However, political parties are necessary intermediaries between interest groups and the formulation of comprehensive policies. Moreover, politics in a democracy is pervasively party politics. Parties are agents of and forums for political deliberation and activism, activities that may enhance human rights. Political parties influence and structure political opinion. Nevertheless, there is a problem with cartel-like behaviour and the centralization of power within them.
3 The Brain: An Outlook
Authors: Auletta Gennaro
Published: October 2011

In this chapter the brain is considered as a device to acquire information. It is shown how information is processed from the peripheral sensory system to the central nervous system. Some basic information about the brain’s structure is provided. Three specific problems are dealt with: The brain’s modularity, the stages of information processing, and the brain’s mapping activity. Finally, the neural networks approach is introduced.
4 Vision
Authors: Auletta Gennaro
Published: October 2011

There are two different visual systems: one for perceiving form and colour, the other for dealing with objects’ motion. The steps of visual information processing are scrutinized and it is shown that, although a certain mapping (retinotopy) with the external environment is maintained in the first stages, in subsequent stages the feedback coming from higher-level processing regions determines a sophisticated object construction. Both a pure reductionist view and a holist view are insufficient and need to be integrated.
6 Complexity: A Necessary Condition
Authors: Auletta Gennaro
Published: October 2011

In order to explain how the brain and also elementary organisms are able to refer to external things and processes we need to consider complexity. Complexity is a specific combination of order and disorder in which several subsystems are interconnected but do not share an overall information. This allows for information encapsulation and modularization as well as for the necessary plasticity of organisms. A proto-metabolism can emerge when several autocatalytic processes are interconnected.
11 Epigeny
Authors: Auletta Gennaro
Published: October 2011

Here, I deal with the general nature and significance of epigeny. Then, some fundamental mechanisms operating during the epigenetic process are considered. The core of this chapter is represented by the analysis of the steps of epigeny (especially embryogenesis and organogenesis will be considered). A specific but very relevant aspect is the way in which the brain develops and how a functional organization of the brain is superposed to a developmentally previous one having a simple structural character. Another important issue is the significance of the Waddington effect, one of the first phenomena to have attracted the attention of scholars to this field. Finally, the relations between phylogeny, ontogeny, and epigeny are framed in a wider synthesis.
18 The Basic Symbolic Systems
Authors: Auletta Gennaro
Published: October 2011

The following problems are examined in this chapter: human intelligence, human memory, inferences, choice system, and empathy.
21 Consciousness
Authors: Auletta Gennaro
Published: October 2011

After discussing several forms of consciousness and distinguishing between awareness and consciousness, the very controversial and difficult issue of whether animals, especially non-human primates and cetaceans, possess a form of self-awareness is examined. After this investigation, the function and significance of awareness is discussed. Then, the relations between brain and consciousness are considered as a very enlightening inquiry for understanding the problem of the relation between brain and mind in general terms.
Sense and meaning
Authors: Horty John
Published: October 2011

This chapter states that it is difficult to reconcile the weak interpretation of the fruitfulness requirement with Frege's requirement of eliminability. In addition, the chapter provides that there is still a tension between these two requirements because once the idea of fruitfulness is taken into account, Frege cannot maintain both his requirement of eliminability and the correlation he sought between senses and psychological states. After a brief description of such conflict, an exploration on one way that Frege may be able to resolve the conflict and a comparison of that method of resolution with similar themes in recent work is illustrated.
Association of interleukin‐15 single nucleotide polymorphisms with resistance to brucellosis among Iranian patients
Authors: Kalani M. , Rasouli M. , Moravej A. , Kiany S. , Rahimi H. R.
Published: October 2011

Interleukin (IL)‐15, a Th1‐related cytokine, triggers inflammatory cells' recruitment and increases the expression of interferon gamma (IFN‐γ), which is an important cytokine in the immunity against brucellosis. Different single‐nucleotide polymorphisms (SNPs) have been observed in the IL‐15 gene, so this study aimed to investigate the probable association between these SNPs and susceptibility to brucellosis among Iranian patients. A total of 190 patients with brucellosis and 83 healthy milk farmers who consumed contaminated raw milk and dairy products from animals involved with brucellosis were included in this study. All the patients and the controls were genotyped for four IL‐15 polymorphisms at positions 267, 367, 13687 and 14035 using polymerase chain reaction‐restriction fragment length polymorphisms. The 267C and 13687A alleles, haplotypes CGCT and CAAA and the 267CC and 13687AA genotypes were significantly more frequent in the controls than in the patients (P = 0.014, 0.03, 0.006, 0.024, 0.026 and 0.01, respectively), so the variation in the IL‐15 gene may be one of the factors affecting the resistance to brucellosis. In contrast, the frequency of haplotypes CGCA and TACT was significantly higher in patients compared with controls (P = 0.015 and 0.007, respectively), and interestingly the last one was observed only in the patients; therefore, it may serve as a predictive factor for brucellosis. In conclusion, it could be suggested that IL‐15 genetic variants can affect resistance or susceptibility to human brucellosis among Iranian patients.
Measuring psychological well‐being in South Asians with diabetes; a qualitative investigation of the PHQ‐9 and the WHO‐5 as potential screening tools for measuring symptoms of depression
Authors: Lloyd C. E. , Roy T. , Begum S. , Mughal S. , Barnett A. H.
Published: October 2011

Diabet. Med. 29, 140–147 (2012)

Background  People from South Asian backgrounds living in the UK have a greatly increased risk of developing Type 2 diabetes. Whether or not this patient group also experience high rates of depressive symptoms (known to be the case in Caucasian populations with diabetes) remains unknown, partly because it is unclear whether the screening tools used are culturally relevant. The aim of this study was to develop culturally competent translations (in both written and audio formats) of two screening tools used to measure symptoms of depression in languages with no written form and establish their face validity.

Methods  Adults with Type 2 diabetes from two South Asian minority ethnic groups (from Bangladesh and Pakistan) whose main language is only spoken (Sylheti and Mirpuri) were recruited via the Birmingham Heartlands Hospital Diabetes Centre. Participants attended two focus group meetings to consider the content and method of delivery of two questionnaires measuring symptoms of depression, the Patient Health Questionnaire (PHQ‐9) and the World Health Organization Well‐being Index (WHO‐5).

Results  Culturally equivalent content was achieved for both questionnaires in both languages. The Mirpuri men and women groups did not indicate a clear preference for either mode of questionnaire delivery; however, the Sylheti groups’ preference was for independent audio‐delivery in their spoken language.

Conclusions  The face validity of the PHQ‐9 and the WHO‐5 was established for Sylheti and Mirpuri in an audio delivery format. Psychometric testing is now needed among minority ethnic populations so that the feasibility of wider use can be determined.