bluuebunny/crossref_metadata_2025 huggingface dataset:
Suites of specializations
Authors: Wise Steven P.
Published: January 2024

Cortical specializations improved the ability of early primates to move and forage in the understory of dense forests. New posterior parietal and premotor areas guided reaching and grasping in a coordinate frame based on vision; a new or vastly enlarged hindlimb representation in the primary motor cortex improved pedal grasping; the frontal eye field (FEF) and new visual areas enhanced the ability to search for, identify, and maintain attention on items of value in a dim, cluttered visual space; and new parts of the orbital prefrontal cortex (PFo) updated the valuation of poorly seen or hidden food items based on their association with more-visible objects and in relation to current biological needs. Together, the two novel prefrontal areas—FEF and PFo—improved foraging efficiency. In addition to its role in foraging, cortically controlled, hindlimb-dominated leaping was an effective antipredator strategy.
Anthropoid adaptations
Authors: Wise Steven P.
Published: January 2024

New cortical areas evolved in anthropoids, many of which exploited foveal vision. In the temporal cortex, new visual areas represented feature conjunctions associated with distant resources. New prefrontal areas used this information to improve foraging choices, which reduced the number of unproductive, long-distance foraging journeys that exposed anthropoids to predation. Small parts of the posterior parietal cortex expanded into distinct areas, which represented the actions available to individuals based on what they can see. Together with the premotor cortex, these areas guided movements of the hands, fingers, head, and eyes in fovea-based coordinate frames, which improved reaching, grasping, and manipulating objects. Auditory areas represented sounds made by feeding animals, and a new somatosensory area received cutaneous inputs that—via interactions with a specialized part of the primary motor cortex—guided the manipulation of fruit for a tactile assessment of ripeness.
Human hemispheres
Authors: Wise Steven P.
Published: January 2024

A few new areas probably emerged in the human cortex, but the major development was a dramatic expansion of the typically layered areas (more commonly known as homotypical association cortex). Mainly because of their enlargement, the cortex expanded into the modern human size range, mostly in the past two million years. A transcortical network that includes connections between temporal and frontal cortex via the arcuate fascicle enlarged and reorganized. In addition, the hippocampus decreased in relative size during most of anthropoid evolution but increased during human evolution, which reflects new inputs and functions. The genetic mechanisms of cortical expansion include gene duplications that extend neural stem-cell proliferation and keep neurons in an immature state, thus increasing the number of dendritic spines and synapses. A within-gene deletion in the chimpanzee–human common ancestor promoted synaptogenesis in the prefrontal cortex.
Epilogue
Authors: Wise Steven P.
Published: January 2024

Global climate change created selection pressures that drove cortical expansion in primates. Separately in three primate clades, the prefrontal cortex, posterior parietal cortex, and temporal cortex enlarged and provided primates with adaptive advantages: in managing relations within complex societies, in predator avoidance, and in making foraging choices at great distances from food sources. Global cooling during the middle-to-late Miocene and Plio-Pleistocene created ecological conditions in which both monkey clades—platyrrhines and cercopithecoids—benefited from expanded prefrontal and temporal areas and especially from the enhanced behavioral adaptability that enriched prefrontal representations provided. Global warming during the middle Miocene climatic optimum (MMCO) created conditions for the radiation of hominoids, which benefited from similar enhancements in prefrontal and temporal representations. During the Plio-Pleistocene, the cerebral cortex expanded independently in hominins and cercopithecoids as both groups exploited savannas and open woodlands that expanded as rainforests contracted.
Introduction
Authors: Hamilton Tom
Published: January 2024

The Introduction gives an outline of the key events in Renée Chevalier’s prosecution of the military captain Mathurin Delacanche, from the violence that he committed at her château de Chaumot in the winter of 1590–1 to the trial that led to his execution in 1600. It then explains the trial’s significance for the history of violence and criminal justice, as well as for the history of the laws of war. According to the established interpretation, only after the Wars of Religion concluded could the modern laws of war truly begin to develop and lay the ground for an enlightened jurisprudence. Instead, this book argues that an excessive focus on the intellectual history of legal thought overlooks the capacity of magistrates in sixteenth- and seventeenth-century courts to apply established principles of Roman law, and evolving customs in the laws of war, when prosecuting soldiers for their transgressions.
Inheritances
Authors: Hamilton Tom
Published: January 2024

This chapter follows Renée Chevalier’s struggle to win her inheritance, after her mother died when she was still a child and her uncle Pierre Delabbaye took charge of her guardianship. It explains how the rise of Renée Chevalier and the fall of Pierre Delabbaye as sieur de Chaumot depended on his engagement in the religious wars in Sens, where he belonged to the Protestant party and abjured his faith following the Saint Bartholomew’s Day massacre. After her first husband Martin Legresle died, Chevalier also had to fight to gain her inheritance from her mother-in-law Catherine de Gasperne, who had converted to Protestantism and fled to Geneva. Both Gasperne and Delabbaye were formidable opponents, their resourcefulness sharpened by years as Protestants targeted by magistrates during the civil wars. Overcoming these disputes gave Chevalier invaluable experience that prepared her well for the conflict with Mathurin Delacanche that was to come.
The Algonquian Inverse
Authors: Oxford Will
Published: January 2024

The inverse morphology of the Algonquian languages has attracted much attention in typological and theoretical linguistics. This book, which is intended as a definitive reference for the Algonquian inverse, describes the patterning of inverse morphology across the Algonquian family and presents a framework for understanding the structure and function of the Algonquian inverse that is empirically driven and typologically grounded. Comprehensive in scope, the book presents data from all documented Algonquian languages and considers not only the morphology of the inverse construction but also its syntax and pragmatics, giving equal weight to diachronic, typological, functional, and formal perspectives. From the integration of these perspectives, a simple and coherent understanding of the nature of the inverse emerges. The key proposal is that the inverse is “deep” in some contexts and “shallow” in others. In interactions between two third persons, the inverse is a “deep” patient voice construction that inverts the canonical morphology, syntax, and pragmatics of a transitive clause. In interactions between a third person and a first or second person, the inverse is a “shallow” hierarchical agreement pattern implemented through a spurious use of patient voice morphology, inverting the canonical morphology of a transitive clause but having no effect on syntax or pragmatics. This split analysis, which reflects the likely diachronic development of the Algonquian inverse, is argued to have various benefits, including the resolution of a longstanding controversy over the syntactic status of the inverse.
Introduction
Authors: Welsh Jennifer , Akande Dapo , Rodin David
Published: January 2024

The Introduction to this volume elucidates our novel concept of individualization and analyses the tensions it creates for actors engaged in contemporary armed conflict. We define individualization as a process in which individuals (both as agents and as subjects) increase in importance compared with collective entities for the purposes of explaining and normatively assessing the causes, conduct, and consequences of war, and outline three ways—or ‘domains’—in which individuals are implicated in armed conflict: (1) as subject to violence but deserving of protection (given their individual right to life); (2) as liable to harm because of their responsibility for attacks on or threats posed to others; and (3) as agents who can be held accountable for the perpetration of crimes committed in the course of war. We then discuss the normative and practical challenges created by the individualization of war, as well as tensions that cut across the three domains. The following sections outline a set of strategies that actors have used (and could use) to resolve or manage these tensions, including efforts to reconcile seemingly competing imperatives and various forms of institutional adaptation, as well as the different ways in which individualization is being contested in contemporary contexts of armed conflict. We conclude by providing an overview of the subsequent chapters, in which international lawyers, philosophers, and political scientists further engage with the potential and limitations of the individualization of war.
Aesthetic Negotiation and Artefactual Agency
Authors: Berman Kim , LeBaron Michelle
Published: January 2024

The arts are vital in transitional justice because they accent commonalities and invite careful attention to humanising processes rather than priming for adversarial approaches. This chapter presents original concepts of aesthetic negotiation and artefactual agency, illustrating these concepts in three examples. Aesthetic negotiation refers to reciprocal processes that open possibilities towards increased engagement, agency, and positive change. Artefactual agency links material objects to mobilisation and action, drawing attention to the inherent power of artworks themselves. We examine how public engagement with art, and art-making processes, can foster and strengthen transitional justice after trauma and violence. Linking artefactual agency and aesthetic negotiation underlines the potency of both material and symbolic reparations and opens creative avenues to restore the rule of law as they draw attention to the harmful effects of past injustices. In both South Africa and Colombia, engagement with public arts has helped surface intersecting dynamics of transitional and distributive justice.
Joint Reflection: How Do the Arts Function in Symbolic Reparations?
Authors: Berman Kim , LeBaron Michelle , León Yolanda Sierra
Published: January 2024

This joint reflection considers the similarities and differences between the concepts, introduced in the two previous chapters, namely ‘aesthetic negotiation’ and ‘aesthetic litigation’. A reflection on these terms highlights differences in the context of both Columbia and South Africa. The chapter draws on the metaphor of concentric circles of the ‘symbolic’, of ‘relationship’, and the ‘material’ to describe the dimensions of aesthetic negotiation in contrast to aesthetic litigation and capturing the disruptive effect of art. The authors conclude that these processes work towards durable peace and social justice, that they can be complimentary, and that they also offer an opportunity to consider in more depth the role of art in advancing transitional justice.
Joint Reflection: Journey to a New Space
Authors: Esteban, Nancy Rocío Rueda , Potenza Emilia , van den Heever Adriénne
Published: January 2024

This joint reflection draws out common themes emerging from the empirical research on museums from both Colombia and South Africa and arrives at a series of broader insights concerning the role of museums in advancing transitional justice. The comparative analysis focuses on how the restorative and transitional justice processes in South Africa and Colombia have been curated and the findings on visitors’ feelings, experiences, and expectations. In so doing, the reflection seeks to understand the extent to which museum exhibitions can be used as proactive tools to further the understanding of difficult histories and bring about a deeper process of societal healing as a result.
Does History Make a Difference? The Role of History in the Interpretation of Socio-Economic Rights in South Africa
Authors: Bilchitz David
Published: January 2024

This chapter investigates the role historical context plays in the interpretation of socio-economic rights in South Africa. It begins by arguing that historical justice can provide both an independent justification for those rights as well as an important context in which to construct the content of these rights and their path to implementation. The chapter then focuses on the right to housing and then engages in a qualitative analysis of four seminal cases. The chapter finds that the South African Constitutional Court often expressly references South Africa’s history of injustice. Its reasoning relating to history appears clearly to have influenced the approach it adopts towards interpreting the obligations that flow from these rights as well as the remedies it orders. The analysis highlights that, following from South Africa’s negotiated transition, there is a clear preference expressed by the Court for individuals and institutions to resolve the problems between them through a process of continuing negotiation. There are also obligations placed on both the state and private parties to address the legacies of the past in an approach that appears aimed very much at restoring relationships that had been ruptured between people in the society. Addressing historical wrongs—as a form of transitional justice—thus has concrete implications in the present for the approach adopted towards socio-economic rights and thus the form of distributive justice enacted in South African society.
Historical Injustice and Socio-Economic Rights in Colombian Constitutional Jurisprudence
Authors: Henao Magdalena Inés Correa
Published: January 2024

This chapter focuses on the case law of the Colombian Constitutional Court on socio-economic rights in which the petitioners are victims of forced displacement. It explores the extent to which historical injustice has been considered when interpreting those rights and when developing procedural safeguards and remedies. This is necessary given that the violations of these rights are not only as a result of their infringement within a context of armed conflict but is also about the historical disregard and marginalisation by political powers of rural populations from development and material citizenship. The analysis concludes that although the Court has gone far beyond what has been done previously for other socio-economic rights’ holders, it does not use ‘past injustice’ as a significant reason for its decisions. This is despite the fact that ‘past injustice’ forms a strong and persuasive justification for its transformative jurisprudence. Rather, it is the ‘present injustice’ which forms the basis for addressing victim injustice.
Class Actions and the Scarce Resource of the Law
Authors: Finn Meghan
Published: January 2024

Class action litigation in South Africa is burgeoning as a tool for securing collective relief. South Africa remains marred by gaping inequality, which includes inequality in access to courts through litigation. This chapter discusses the evolution of rules of standing in South African law. It argues that developments in class action procedures advance the state’s distributive justice mandates in two significant ways. First, class actions enable access to courts where litigation is costly and opaque. In this way, class actions make possible a more equitable distribution of legal representation. Second, class actions can be used instrumentally to serve distributive justice goals, in providing a procedural mechanism for the vindication of socio-economic rights. Additionally, class actions do not only serve distributive justice ends: given South Africa’s history of colonial and apartheid injustice, class actions can serve as a mechanism—albeit partial and imperfect—for redressing historic wrongs.
Joint Reflection: The South African and Colombian ‘Peace Agreements’
Authors: MnisiWeeks Sindiso , Rivera-Drago Diana Carolina
Published: January 2024

The joint reflection analyses the commonalities and differences between the consequences of transition to a post-conflict order for the Indigenous groups in Colombia and traditional peoples in South Africa. It also explains how Indigenous movements have contributed to the construction of peace and the advancement of transitional and distributive justice in both countries. Lessons are drawn from the comparison to project what each country could do differently to enhance the tenure security of these Indigenous and traditional people groups that were previously dispossessed of their land and are still waiting for full compensation for the harm they suffered during the conflicts in both countries.
Exploring the Relationship Between Violent Protest and Procedural Injustice in South Africa’s Democratic Transition
Authors: Cachalia Raisa
Published: January 2024

This chapter explores the ‘procedural dimension’ of transitional justice, specifically, the constructive role that procedural values can play in consolidating peace and democracy in South Africa. This theme is developed against the backdrop of high levels of violent protest action in South Africa arising, at least partly, from a feeling of dissatisfaction with the quality of governance in the post-apartheid context. The chapter analyses the role that procedural values can play in dissuading citizens from resorting to violence as the modality for compelling government responsiveness. The chapter engages with two key justifications for valuing procedural standards in public decision-making. The first is the ‘outcomes justification’: officials who exercise their powers fairly, impartially, and in a manner that can be justified are more likely to make good quality decisions. That promotes a culture of respect for government decisions and can assuage societal tensions and inclinations towards violence. The second is the ‘process justification’: a more involved and better informed citizenry is more likely to accept public decisions—even those that are unfavourable—and will, as a result, be less likely to resort to violent self-help in order to be heard. The crux of the argument is that if one of the causes of violence is that citizens feel unheard, then public officials ought to demonstrate their commitment to procedural justice as a means of deterring violent protest action by discontented citizens. In this way, procedural justice can play a key role in advancing the goals of transitional and distributive justice.
Beyond DemocracyMeaningful Public Participation as a New Approach to Public Decision-Making in the Context of Colombia’s Transitional Justice Process
Authors: Echeverri Julián Andrés Pimiento , Milkes Irit
Published: January 2024

Several viewpoints support the idea that transitional justice should serve the dual purposes of promoting and consolidating peace and ensuring the peaceful end of armed conflict. Numerous actors are involved in establishing a stable and long-lasting peace, all of whom interact with one another and participate in its construction. Our primary argument is that, although being a key component of the peace agreement, citizen engagement is nevertheless riddled with paradoxes. The case for emphasising public engagement demonstrates that participation must be meaningful for it to be effective. The primary goal of this chapter is to discuss the concept of ‘meaningful participation’. This is done by proposing elements that, based on the Colombian experience, could contribute to the realisation of meaningful citizen participation as a mechanism for promoting a stable and lasting peace.
Time Limits
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

This chapter focuses on the time limits of bringing claims, which are mostly handled by the tribunal's jurisdiction. It looks into the consideration of specific statute's wording, early conciliation process, and date of presentation. Failure to comply within the time limit results in the claimant's inability to pursue a claim. If an application is presented late, discretion may be able to extend the time limit under the provision of relevant statutes. The chapter explains that the tribunal considers the extension when the situation applies to unfair dismissal and most other employment protection rights. It also considers specific cases of time limit concerning matters like unfair dismissal and discrimination.
Conciliation and Settlement
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

This chapter covers the conciliation and settlement of disputes. It elaborates on the duty of ACAS to endeavour to promote the settlement of disputes. Since 2013, the protected conversation regime created an opportunity for employers to enter into pre-termination discussions with employees, which then make it impermissible for either party to refer to negotiations amidst tribunal proceedings. The chapter clarifies that if a settlement agreement does not meet the requirements of an ACAS conciliated agreement or a settlement agreement, it will not prevent a claimant from pursuing a claim in the tribunal. It explains that a settlement agreement may be set aside under the grounds of mistake, misrepresentation, illegality, duress, or undue influence.
Judgments, Decisions, and Orders
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

Chapter 11 (Judgments, Decisions, and Orders) discusses the procedural requirements for the judgments, orders, and reasons of an employment tribunal, as well as examining the doctrine of res judicata specifically in the tribunal context. It first discusses the classification of decisions, including the distinction between judgments and case management orders, and the form such decisions should take. It then addresses the question (relevant to many employment appeals) of the requisite content of a tribunal’s written reasons and reviews the latest Court of Appeal authorities on the requirement of Meek-compliance. The chapter concludes with a comprehensive discussion of the difficult concepts of res judicata, cause of action estoppel, issue estoppel and abuse of process, and how they apply in employment tribunal litigation.
Reconsideration of Judgments
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

Chapter 13 (Reconsideration) explains when and how Employment Tribunal decisions can be reconsidered under rule 70 of the Employment Tribunal Rules 2013. It firstly considers which decisions fall within the scope of rule 70. It then examines the grounds for reconsideration and the procedure on an application for reconsideration. Finally, it considers the slip rule.
Special Jurisdictions
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

Chapter 15 (Special Jurisdictions) sets out the special rules governing national security proceedings in the employment tribunal and those governing the tribunal’s limited appellate jurisdiction. The discussion of national security proceedings encompasses ‘closed material’ procedures, witness orders, the role of the special advocate, and the different requirements of written reasons. As to the tribunal’s appellate jurisdiction, the text provides an overview of the special procedural rules relating to appeals from statutory levy assessments, improvement and prohibition notices (under both the Health and Safety at Work etc Act 1974 and the Energy Act 2013), and unlawful act notices (under the Equality Act 2006).
Employment Appeal Tribunal
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

This chapter focuses on the procedures and duties of the employment appeal tribunal (EAT). A party may appeal a tribunal’s decision to the EAT on the grounds that an employment tribunal has wrongly applied a principle of law or had no evidence to support its decision. Even though the EAT will not entertain academic appeals which do not affect the decision, new evidence will be allowed depending on exceptional circumstances. The chapter explains that the EAT has the power to award costs and review its decisions on interim matters in ways similar to the employment tribunal. It mentions how parties unsuccessful with the EAT may appeal to the Court of Appeal with appropriate permissions.
Tribunal Procedure and Appeals in Scotland
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

This chapter explains tribunal procedure and appeals in Scotland. It highlights differences in how the Employment Tribunal Rules of Procedure 2013 (ETR 2013) apply in Scotland, by comparison with England andWales.. The provisions of the Employment Tribunals Act 1996 govern appeals from the employment tribunal to the employment appeal tribunal (EAT), but aspects of the EAT's procedure differ in Scotland, as explained in the EAT Practice Direction or 2013. The chapter discusses aspects of tribunal procedure in Scotland, with reference to such factors such as witness statements, hearings, documents, costs, and enforcement of awards. It clarifies the need to be aware that it is not always safe to assume that the common law of Scotland in matters of contract, tort (delict), and in public law is the same as that of England and Wales.
Court of Appeal
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

Chapter 21 (Court of Appeal) reviews the rules and procedure governing appeals from the Employment Appeal Tribunal to the Court of Appeal. It examines Part 52 of the Civil Procedure Rules (as re-enacted in 2016) and considers the relevant test for permission to appeal in second-tier employment appeals. The essential elements of preparing for, and conducting, an appeal in the Court of Appeal are surveyed. The updated chapter outlines ‘electronic working’ and new features of appellate hearings which have developed since the start of the Covid-19 pandemic (including remote hand-down of judgments). It also addresses what costs may be ordered in appeals from the normally costs-free jurisdiction of the employment tribunal.
Collective Labour Law Institutions—The Central Arbitration Committee and Certification Officer
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

This chapter tackles the collective labour law institution in correlation with the Central Arbitration Committee (CAC) and certification officers. The chapter cites that the CAC determines its procedure without any set or established procedural rules. Moreover, the CAC's jurisdiction primarily revolves around trade union recognition and its main function is to adjudicate applications for statutory recognition and derecognition of trade unions for collective bargaining purposes. Meanwhile, the certification officer is appointed by the Secretary of State for the Department for Business, Energy and Industrial Strategy (BEIS) in consultation with ACAS under the Trade Union and Labour Relations (Consolidation) Act 1992. The chapter mentions how the certification officer often acts based on written evidence.
Status
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

This chapter highlights the significance of status. It explains that ‘status’ primarily refers to the status of an individual seeking protection within the employment tribunal, which is highly likely the individual's contractual status. Different statutory regimes provide rights and entitlements to different groups of individuals, so it is important to determine the status of the individual bringing the claim to ascertain whether the tribunal has jurisdiction. Moreover, status is significant as it dictates the statutory rights and protections to which an individual is entitled whilst working under a contract. The chapter also considers other rights of employees, such as the common law, the duty of mutual trust and confidence, and an employer's tortious duty of care.
Dismissal
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

This chapter covers the employees' rights not to be wrongfully or unfairly dismissed. An employer may legitimately terminate an employee’s employment without notice or money in place of notice if the employee committed gross misconduct or other serious breaches of his contract of employment, such as dishonesty, disobedience, or serious incompetence. However, if an employer terminates an employee’s contract without legitimate reason, the employee is entitled to compensation for his notice period. The chapter considers the court's jurisdiction in wrongful dismissal cases and unfair dismissal cases. It also tackles the general checklist of employers to conduct unfair dismissal of their employees.
Discrimination
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

This chapter tackles the extent of the prohibition on discrimination in employment situations and quasi-employment situations. The Equality Act 2010 (EqA 2010) codifies the anti-discrimination legislation into one statute in an effort to harmonize discrimination law and strengthen the law supporting equality progress. Thus, employers and their principals are generally liable for the discriminatory acts of their employees and agents. The chapter covers how courts and tribunals acknowledge the difficulty of obtaining evidence of discrimination, referencing the usage of statutory questionnaire procedures. It then considers the limitations of EqA 2010 while referencing how respondents to discrimination claims have a limitation defence such as time limits.
Equal Pay: Law and Procedure
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

This chapter introduces the law of equal pay. The Equality Act 2010 (EqA 2010) prohibits discrimination concerning terms and conditions of employment between men and women. Moreover, The EqA is underpinned by European law found in both the Treaty of Rome and several European Directives. The chapter explains that an equal pay claim will not be successful if the employer can point to a material factor (MF) between the complainant and the comparator which explains the pay differential. Some EqA 2010 provisions are designed to eliminate the gender pay gap by prohibiting secrecy in pay practices and by requiring companies to undergo gender pay audits.
Whistle-blowing
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

This chapter considers the statutory protection for whistle-blowers. It elaborates on the provisions of the Public Interest Disclosure Act 1998 and the Employment Rights Act 1996 (ERA 1996) for the protection of employees and workers who have made protected disclosures. Despite the changes, the effectiveness of the legal protection for whistle-blowers remained under review by the government. Dismissal of an employee is automatically unfair if the reason (or principal reason) for dismissal is that the employee made a protected disclosure. The chapter also mentions the unlawfulness to subject an employee or worker to detriment on the ground they made a protected disclosure.
Remedies for Unfair Dismissal
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

This chapter explores several remedies for unfair dismissal. It notes how an award of unfair dismissal compensation is composed of a basic award and a compensatory award. Meanwhile, an additional award of between twenty-six and fifty-two weeks’ pay will be awarded following an employer's failure to comply with an order for reinstatement or re-engagement. The chapter clarifies the calculation of the basic award and compensatory award, citing how compensation for injured feelings may not be recovered as part of the compensatory award. It then notes how the assessment of future loss involves a consideration of both old job facts and new job facts.
Remedies in Discrimination Cases
Authors: Mansfield Gavin , Banerjee Lydia
Published: January 2024

This chapter considers the remedies in discrimination cases. Compensation can be recovered under the Equality Act 2010 (EqA 2010) where a claimant successfully brings a claim against a respondent in respect of protected characteristics such as age and disability. The chapter then elaborates on the compensation addressing direct discrimination, victimization, non-financial loss, indirect discrimination, and compensation for part-time workers and fixed-term employees. The amount of compensation is assessed similarly to any other claim in tort or in reparation for breach of statutory duty. Moreover, the award may include compensation for injury to feelings and injury to health. The chapter explains that aggravated damages may be awarded where the discriminator has acted in a high-handed, malicious, insulting, or oppressive manner.
The Social Ontology of Money
Authors: Hindriks Frank
Published: January 2024

Is money an object? Although paper money is naturally regarded as a material or concrete object, this characterization does not hold for electronic money. John Searle maintains that institutional statuses, such as those of money and property, are imposed on concrete objects. But he regards electronic money as an exception. He claims that, as it is realized by computer systems, the status of money is not imposed on anything. But this somewhat mysterious claim leaves us in the dark about its ontological standing. This chapter critically discusses four alternatives to the view that money is always a concrete object. It might be an abstract object. But it could also be a property of an agent. Two further possibilities are (1) it is a concrete object in some cases and an abstract object in other cases, or (2) it is a concrete object in some cases and a property of an agent in other cases. To shed light on the plausibility of these views, the nature and functions of institutions more generally are discussed.
Truth in Financial Accounting
Authors: Cowton Christopher J.
Published: January 2024

Popular discourse about financial accounting suggests that accounting numbers, such as profit, are veridical insofar as they describe or reflect some portion of the world and misleadingly wrong or inaccurate insofar as they fail to do so. This chapter explains, through a review of key features of accounting practice, why a simple correspondence view is incorrect. Nevertheless, resonances with three broad approaches to truth can be found in aspects of accounting practice and thought. Without committing to any particular form of alethic pluralism, the chapter identifies points of connection between accounting and correspondence, coherentist and pragmatist accounts of truth. Therefore, although common sense notions of correspondence to the world might be naïvely in error, there is at least some reason to resist the idea that “anything goes” with respect to the truth of financial accounting numbers.
Financial Economics: What Kind of Science Is It?
Authors: Heilmann Conrad , Szymanowska Marta , Vergara-Fernández Melissa
Published: January 2024

The chapter provides a roadmap for how philosophers of science can engage more with financial economics. It argues that financial economics is best characterized by its use of models and its performative nature. This is demonstrated by focusing on the Capital Asset Pricing Model (CAPM), the centre-stage model of asset pricing that enjoys enduring popularity in academic research and industry practice. Assessing the epistemic performance of financial economics, the chapter argues that the model-based and performative character of financial economics is: (1) visible in the history of its emergence and its current scientific practice; (2) central to the kind of insights it aims to generate; and (3) key to understand what kind of ethical values are at play. The questions emerging from these issues are fertile ground for further research in the emerging field of the philosophy of science of financial economics.
Credit and Distributive Justice
Authors: Meyer Marco
Published: January 2024

The author argues that the credit system may improve distributive justice, but only indirectly, via job creation and government spending. The reason for this is that cheap credit on commercial terms is only available to people in the upper half of the wealth distribution. By contrast, the forms of credit available more widely are too expensive to make taking out credit a realistic option to escape poverty for most. However, credit can improve distributive justice indirectly, if entrepreneurs and corporations borrow for purposes that create jobs, or states spend borrowed funds on programs that address poverty or inequality. For these reasons, the author suggests that improving access to credit is less important from the perspective of distributive justice than how the credit system interacts with the tax system and labor laws.
Freedom and Financial Market Reform
Authors: Preiss Joshua
Published: January 2024

The argument in this chapter is a simple one, but with major implications for freedom and markets and the ends of financial market reform. Drawing upon both political philosophy and economic history, it argues that economic freedom depends on the accountability of institutions that structure individual market choices. Failure to recognize this fact gives license to concentrations of political and economic power and exacerbates principal–agent problems, creating firms that are often too big to fail, and an industry whose regulation is often too complex to enforce. These trends virtually guarantee the outsourcing of one of the central tasks of government in a free society: the creation and maintenance of institutions that structure markets. Freedom-minded financial market reform should be directed at a simpler and more narrow banking and regulatory system that counters the ways in which complexity, instability, power and information asymmetries, and regulatory capture make people less free.
Conclusion
Authors: Slowik Michael
Published: January 2024

The Conclusion considers Rouben Mamoulian’s shifting legacy after he stopped directing films and examines the magnitude of Mamoulian’s contributions to the history of American film style. By attending closely to Mamoulian’s theories, films, archival materials, and the filmmaking contexts within which he worked, we can see that Mamoulian’s methods are often best understood not in terms of “firsts,” but rather as prescient and rigorous explorations of film’s potential as an art form. Mamoulian directed a diverse array of films, but they were driven by a coherent and consistent effort at defining cinema as a medium-specific piece of artistry.
The state of play in musical performance studies
Authors: Rink John
Published: January 2024

Chapter 1 surveys the ‘discipline’ of musical performance studies, noting key achievements during its development over the past three decades as well as certain pitfalls or problems that have arisen. One of the conclusions is that if research in the field is to resonate with musical practice and to achieve its full elucidatory potential, it must focus on and account for performers’ concerns first and foremost. To that end, the chapter considers how diverse types of knowledge might influence a performance conception without necessarily overdetermining it. Characterised as a form of refraction, this process of sense- and decision-making is exemplified through an extended case study of Chopin’s Prelude in E minor Op. 28 No. 4, which traces a profile of the music under scrutiny – one of many such profiles in the book.
Impersonating the music in performance
Authors: Rink John
Published: January 2024

Chapter 2 considers how performers conceive of what they do and the identity that can accrue with the music they are performing. Evidence for this ‘identity as’/‘identity with’ relationship – likened to an act of impersonation – is adduced in a series of performer testimonies, including the author’s own. Preliminary conclusions are drawn about the relation between thought and embodied action in performance. It is claimed that for those who are performing, ‘the music’ tends to be heard and felt above all else, but with the important proviso that the hearing and feeling in question are not what is commonly understood by these terms. Close examination of select writings of three authors – Erwin Stein, Edward Cone and Alfred Brendel – yields additional insights into the performer experience, despite the initial impressions given by the respective texts.
Judging Chopin
Authors: Rink John
Published: January 2024

This chapter – like chapter 12 – challenges current orthodoxies surrounding artistic research. It extends the practice-led ambit of much of the book by presenting an autoethnography of the author’s experiences as a member of the jury of the International Chopin Competition in 2015. The first task is to explore literature on music historiography, autoethnography and adjudication; reference is also made to the interviews in which the author participated, with a view to identifying the criteria used to assess pianists in the competition. The focus then shifts to the experience of listening to select performances, and to the structural representation formed by the author on the basis of one pianist’s unique musical conception. All of this illuminates how musicians are evaluated in action, the narratives that we construct about music’s course in time, and musical experience in general. It shows furthermore that methods characteristic of artistic research can be applied to a broader range of practices.
Introduction
Authors: Westerhoff Jan
Published: January 2024

After a brief introduction to Candrakīrti’s life and works, this section discusses the background of Candrakīrti’s text in Nāgārjuna’s Madhyamaka, and the debate between Buddhapālita and Bhāviveka, two key commentators from the Indian Budddhist scholastic commentarial tradition. This is followed by a survey of the structure of the text, with particular focus on the 6th chapter, the main part of the work, which provides a detailed exposition of the Madhyamaka theory of emptiness. The remainder of the section comments on Candrakīrti’s relation to Yogācāra before looking at the history of the reception of the text, first in India, then in Tibet.
Essentials of Making Sound
Authors: Fieldsteel Eli
Published: January 2024

This chapter builds upon the previous chapter and introduces basic tools, techniques, and considerations for launching the audio server application and creating/manipulating sound, with the goal of familiarizing the reader with sonic expression and actualization on a fundamental level. Unit Generators (“UGens”) are presented as the basic building blocks of audio synthesis algorithms, while reinforcing relevant theoretical concepts of digital audio signals. The “function-dot-play” construct is introduced, along with techniques for altering and fading sound, as the simplest and most direct way to play and control sound in real-time. Additional topics include UGen rates and ranges, sustaining and non-sustaining envelopes, envelope gates and triggers, basic mathematical operations with signals (such as mixing and modulation), multichannel signals, the core classes Synth and SynthDef, and a handful of other techniques and utilities that provide visual aids and enhance the workflow.
Sampling
Authors: Fieldsteel Eli
Published: January 2024

This chapter introduces creative techniques for generating musical sound based on the playback and manipulation of pre-recorded audio files, presented as a complementary but wholly different practice than synthesis, discussed in the previous chapter. Sampling in SuperCollider begins by loading one or more audio files into buffer objects, and playing them back with a sampling UGen, often PlayBuf or BufRd. Topics include attributes and operations relevant to sample buffers, techniques for organizing a large sample library into an appropriate data structure, pitch transposition, looping, and nonlinear playback techniques. This chapter also introduces UGens for recording audio signals into buffers (RecordBuf and BufWr), opening doors to delay/echo effects and live looping, and concludes with an introduction to sample-based granular synthesis, which facilitates the creation of dense textures/drones, as well as independent control over pitch and durational aspects of recorded sound.
Describing Cinema
Authors: Corrigan Timothy
Published: January 2024

Describing Cinema is part theory, part rhetoric, and part pedagogy. It examines and demonstrates acts of describing scenes, shots, and sequences in films, as probably the most common and the most underestimated way viewers respond to movies. Practiced energetically and carefully, descriptions become exceptionally rich ways to demonstrate and celebrate the activities, varieties, and challenges of a central generative movement in the viewing and interpretation of films. My motto might be an inversion of one character’s tongue-in-cheek remark in Jean-Luc Godard’s First Name, Carmen (played by Godard himself), “badly seen, badly said,” rephrased for this project as “badly said, badly seen.” Here, that phrase becomes an indication how acts of describing films or parts of films can measure and instantiate complex ways of seeing that are partly about accuracy but also about the mobility of understanding and interpretation. At its best, describing films never simply denotes actions, images, sounds, or styles but rather produces the orchestration of one or more of those dimensions as an often creative and intersubjective movement between images, viewers, and a rhetorical language. Here, especially, writing about film becomes thinking about film. Part I provides a theoretical basis for this argument. Part II features sixteen short essays from landmarks of postwar cinema that demonstrate the energy and movement of precise descriptions.
Describing . . . Vacancy: Throne of Blood (Akira Kurosawa, 1957)
Authors: Corrigan Timothy
Published: January 2024

Focusing on the motif of vacancy, an analysis of the use of space and movement in the sequence that leads up to and includes the murder of the Lord. The discussion relates to the Japanese traditions of Noh theatre and Bunraku theatre, as described by Roland Barthes.
Describing . . . Immobility: The Conformist (Bernardo Bertolucci, 1970)
Authors: Corrigan Timothy
Published: January 2024

An analysis of Italian fascism in the late 1930s focused on the dance hall sequence. The sequence reveals the repressed desires of Marcello for the wife of the anti-fascist leader he is sent to assassinate. Throughout the sequence this repression and Marcello’s inability to act on his desires becomes reconfigured as the stasis and immobility that metaphorically sustains fascism.
Describing . . . Discretion: Sunless (Chris Marker, 1983)
Authors: Corrigan Timothy
Published: January 2024

An analysis of the market sequence in Guinea-Bissau, the discussion explores Marker’s aesthetic of discretion which combines the discrete and the discreet.
Describing . . . Interiors: A Taste of Cherry (Abbas Kiarostami, 1997)
Authors: Corrigan Timothy
Published: January 2024

A discussion of a sequence in the film when Badii visits a cement plant where he has an extended conversation with the watchman about the mountains of earth that overshadow the watchtower, raising questions about loneliness and his desire to commit suicide.
Describing . . . Correspondence: Central Station (Walter Salles, 1998)
Authors: Corrigan Timothy
Published: January 2024

This is an analysis of a climatic sequence in the film when Dora and Josué arrive at a religious pilgrimage. Out of a need for money and angry with each other, they discover a new bond and way to “correspond” that brings them together.
Describing . . . The Tactile: Adam (Maryam Touzani, 2019)
Authors: Corrigan Timothy
Published: January 2024

In this slow-moving film, this particular sequence describes an encounter when the pregnant Samia forces the repressed Abla to release her buried emotions and desires through the memories touched by a song.