bluuebunny/crossref_metadata_2025 huggingface dataset:
Common European Defence: Competition or Compatibility with NATO?
Authors: Krieger Heike
Published: April 2012

Since the end of the cold war new security structures have emerged within Europe. The end of the bi-polar security system has enlarged the number of actors with overlapping competences. While North Atlantic Treaty Organisation (NATO) broadened its range of permissible activities through the new Strategic Concept of 1999, efforts within the European Union aim at closer co-operation on mutual defence. This chapter examines the legal limitations for overlapping treaty obligations of NATO and EU Member States. It then argues that the EU should not pursue the idea of creating a traditional defence alliance. Rather, because of the changing understanding of defence and security, an alliance based on a clause comparable to the solidarity clause in the envisaged EU Constitutional Treaty could be a more appropriate approach in the future.
The European Armaments Policy: Aconditio sine qua nonfor the European Security and Defence Policy?
Authors: Georgopoulos Aris
Published: April 2012

This chapter examines the emerging institutional framework of a European armaments policy as it manifests itself from the recent developments in the field. It begins with a brief presentation of the political/security, economic, and industrial background of the European defence market, with the purpose of assisting the better understanding of the particularities of this area. It continues by examining European armaments cooperation so far undertaken in fora outside the European Union, with the aim of providing the context which explains the current developments within the EU. It then explores the ongoing initiatives of the EU and evaluates their possible impact. Finally, the chapter concludes that although the new initiatives constitute welcome developments, they have not managed so far to tackle completely the issue of institutional duplication — instead they simply replicated it within the framework of the EU.
Differentiation in EU Foreign, Security, and Defence Policy: Between Coherence and Flexibility
Authors: Wessel Ramses A
Published: April 2012

This chapter analyses the variations in foreign, security, and defence policy as well as the consequences of a possible fragmentation on the positioning of the Union as a united global force. Since ‘security and defence policy’ is separated from ‘foreign and security policy’, one of the key questions concerns the dividing line between the two areas. Is it possible for Member States not to participate in the security and defence integration or does the single legal order of the Union prevents this variation? A second question concerns the more general possibilities for closer or enhanced cooperation. And, finally, a third question is to what extent the proposed new EU Constitutional Treaty further consolidates the somewhat fragmented legal regime on differentiation in the area of foreign, security, and defence policy.
Security and Defence Policy within the Context of EU External Relations: Issues of Coherence, Consistency, and Effectiveness
Authors: Koutrakos Panos
Published: April 2012

This chapter sheds some light on a number of dimensions of the requirement of consistency and coherence which characterize the position of the European Security and Defence Policy (ESDP) within the EU external relations system. First, it examines the normative dimension of consistency by outlining the effects that the substantive interaction between security policy and external relations law may have on the legal autonomy of the respective sets of rules. It then highlights the political dimension of the need for coherence by focusing on the interactions between development cooperation and conflict prevention. Finally, it identifies certain areas where EU institutions and the Member States have developed practical mechanisms aiming at managing the conduct of ESDP and its interactions with EU external relations in an efficient manner.
The EU as a Regional Security Actor within the International Legal Order
Authors: White Nigel D
Published: April 2012

This chapter is concerned with the rights and duties of the European Union and the United Nations in international law in the related areas of peace and security, human rights, and democracy, as well as the legal relationship between the two bodies. It identifies the underlying principles governing the organisations and their activities. It also argues that there are fundamental legal principles underlying the function of collective security in the international community that have to be recognised and reinforced if we are to have organisational activity that is not just simply discretionary or arbitrary.
The magical number two, plus or minus: Dual-process theory as a theory of cognitive kinds
Authors: Samuels Richard
Published: April 2012

This chapter considers the question of whether there is some general, distinctive, and plausible dual-process thesis about cognition. It argues that there is such an account, called the type version of dual-process theory. The first section identifies a substantive and interesting class of hypotheses worthy of the ‘dual-process’ label and contrasts them with some other, rather more banal claims. The second section distinguishes between two quite different versions of the hypothesis: one on which dual-process theory is construed as a thesis about cognitive tokens, the other on which it is a thesis about cognitive types. The third section sketches the reasons for rejecting the cognitive tokens version of dual-process theory. The fourth section highlights the virtues of the cognitive types version. The last section concludes that given a clear understanding of the cognitive types proposal, one can deflect the main general objections to dual-process theorizing.
Intuitive and reflective inferences
Authors: Mercier Hugo , Sperber Dan
Published: April 2012

This chapter proposes a principled distinction between two types of inferences: ‘intuitive’ and ‘reflective’ (or reasoning proper). It grounds this distinction in a modular view of the human mind where metarepresentational modules play an important role in explaining the peculiarities of human psychological evolution. The chapter defends the hypothesis that the main function of reflective inference is to produce and evaluate arguments occurring in interpersonal communication rather than to help individual ratiocination. This function, it claims, helps explain important aspects of reasoning. The discussion reviews some of the existing evidence and argues that it gives support to this approach.
Dual-process models: A social psychological perspective
Authors: Smith Eliot R. , Collins Elizabeth C.
Published: April 2012

This chapter describes a few influential social-psychological dual-process models and gives an in-depth review of the integrative models. It compares the general characteristics of dual-process models in social psychology with similar models in other areas of psychology, and discusses implications of this comparison for several conceptual issues. Most important is social psychologists' large and productive research investment in implicit measures, which aims to tap the output of associative (System 1) processing in relatively direct ways, at least more directly than conventional self-report measures. Because of the important place held by prejudice, stereotypes, and other negatively regarded phenomena in the social-psychological dual-process literature, research attention has been devoted to the conditions under which implicit attitudes or associations can change. The multiple-roles idea – that a single factor such as the individual's current mood may influence processing in more than one way – also seems important for the dual-process literature more broadly.
The two systems of learning: An architectural perspective
Authors: Sun Ron , Lane Sean M. , Mathews Robert C.
Published: April 2012

This chapter deals with theoretical views and models that posit the existence of two systems of learning, and focuses on one particular theoretical model which emphasizes the representational difference between the two systems of learning. It discusses how such theoretical views/models may be developed into a coherent and generic computational cognitive model – that is, a ‘cognitive architecture’. The resulting computational model (CLARION) can account for a wide range of psychological data. To present these ideas, the first section of the chapter reviews historical thinking about the existence of two systems of learning. The second section explicates some details of two-systems learning models. The third section develops a cognitive architecture based on a two-system model. The fourth section discusses implications and comparisons. The fifth section of the chapter provides concluding remarks.
What zombies can't do: A social cognitive neuroscience approach to the irreducibility of reflective consciousness
Authors: Lieberman Matthew D.
Published: April 2012

Could an individual act and speak just like other individuals without having any internal conscious experience? Belief in the possibility of so-called philosophical zombies serves as a litmus test for whether someone believes in some form of mind–body dualism or materialism. This chapter focuses on a related hypothesis that is emerging within psychology referred to as the psychological zombie hypothesis. This hypothesis suggests that our behaviors and judgements are produced by an ‘inner-zombie’ whose mental work does not depend on conscious awareness, and that those mental operations which are typically accompanied by conscious awareness do not rely on awareness to generate the operations and their outputs. This hypothesis suggests that mental operations which are typically accompanied by conscious awareness can be produced in the absence of conscious awareness, thus demonstrating the superfluousness of awareness.
In two minds about rationality?
Authors: Saunders Clare , Over David E.
Published: April 2012

Dual-process theory states that the mind contains two different types of mental processes or systems, but there is much disagreement about precisely what the two processes or systems are, and how they should be characterized and distinguished. This chapter follows those who refer to type 1 and type 2 mental processes. These are sometimes said to be in System 1 and System 2, respectively. The chapter uses Evans's taxonomy of type 1 processes as fast, automatic, high capacity, and low effort; and of type 2 processes as slow, controlled, limited capacity, and high effort, and as sequential and making use of working memory. It explores different accounts of the self and of rationality in order to understand the human mind.
Reason and intuition in the moral life: A dual-process account of moral justification
Authors: Saunders Leland F.
Published: April 2012

This chapter explores how morality can be rational if moral intuitions are resistant to rational reflection. There are two parts to this question. The normative problem is whether there is a model of moral justification which can show that morality is a rational enterprise given the facts of moral dumbfounding. Appealing to the model of reflective equilibrium for the rational justification of moral intuitions solves this problem. Reflective equilibrium views the rational justification of morality as a back-and-forth balancing between moral theory and moral intuition, and therefore does not require that individual moral intuitions be directly responsive to rational reflection. The psychological problem is whether human psychology actually implements the processes required for reflective equilibrium. The psychological problem is far more difficult, and requires appealing to a dual-process view of moral judgement that regards moral intuitions and moral theories as belonging to different mental systems.
The Law's Problems with the Governance of the European Market
Authors: Joerges Christian
Published: April 2012

This chapter begins by explaining the choice of the common theme of this volume, expounding the overall pattern, briefly sketching the various contents of the individual contributions, and indicating how they complement each other. The goal is to prepare the reader for the different dimensions of the common theme of the contributors, and for the divergent theoretical and methodological approaches that will come to the fore. It then identifies a series of overriding issues that are common to various contributions but that are approached in different ways. The subsequent chapters cover the following topics: European constitutionalism, Europeanization, and democratic theory.
Institutional Balance as Interest Representation: Some Reflections on Lenaerts and Verhoeven
Authors: Smismans Stijn
Published: April 2012

This chapter comments on the institutional balance formulated by Lenaerts and Verhoeven in the preceding chapter. Section I describes the ‘traditional’ interpretation of institutional balance to better distinguish the particular features of the definition provided by Lenaerts and Verhoeven, which could be called an ‘institutional balance of interest representation’. Section II discusses this ‘new reading’ of the institutional balance, which offers a potential normative tool to structure European governance. Section III argues that its potential can only be realized to the full if well-known territorial representation is complemented by narratives on functional representation.
European Administrative Law and the Law of a Europeanized Administration
Authors: Kadelbach Stefan
Published: April 2012

This chapter begins with a description of the three layers of administrative law in Europe. It then discusses the elements of the European administrative law system and the conditions of the Europeanization of law. It considers whether or not an approximation by general harmonization is likely or even advisable.
Misfits: EU Law and the Transformation of European Governance
Authors: Dehousse Renaud
Published: April 2012

This chapter focuses on the relationship between European law and the functional needs of market integration of market governance. It begins by highlighting the main transformations occurring in European Union governance. It then demonstrates the growing gap between new patterns of governance and traditional legal analyses. This is done by focusing on three sets of issues: comitology; the powers that can be conferred on specialized European agencies and other bodies whose existence was not contemplated by the EC Treaty; and the role of scientific expertise. Finally, the chapter considers the discrepancy between legal perceptions and functional realities.
The Crisis of Indeterminacy: An ‘Equitable’ Law of ‘Deliberative’ European Market Administration?
Authors: Everson Michelle
Published: April 2012

This chapter treats two complex and interrelated themes within the administration of the European market. The first is the requirement that the normative structures of European market administration (or law) take steps to ensure that the market's dominant economic rationalities are subject to constant correction and modification in light of social and ethical values. The second is the issue of how the law of market administration can maintain its integrity when adjudicating upon conflicts between economic rationalities within Europe and the various ethical and social values that seek to challenge them.
The Juridification of Uncertainty: Observations on the Ambivalence of the Precautionary Principle within the EU and the WTO
Authors: Scott Joanne , Vos Ellen
Published: April 2012

Few legal concepts have achieved the notoriety of the precautionary principle. Praised by some, disparaged by others, the principle is deeply ambivalent and infinitely malleable. The principle has found its way from national (German) law to transnational law, and from statute book to high politics. This chapter explores the precautionary principle in the context of risk regulation, against a backdrop of integrating markets, and within a framework of multi-leveled, overlapping governance. It highlights the ambiguities inherent in the principle, both in terms of legal status and substantive application, and the tensions to which it gives rise in the legitimation of power.
Contrasting Prisoners' Rights
Authors: Lazarus Liora
Published: April 2012

This volume aims to provoke reflection on the English conception and treatment of prisoners' rights, through juxtaposition with the conception of prisoners' rights in Germany. First, the German and English understandings of prisoners' legal status are examined; secondly these understandings are placed against the background of broader social, political, and legal factors; and thirdly, the methodological problems of comparative law are addressed. English and German approaches to prisoners' rights present illuminating contrasts. In England, despite significant judicial activity in the development of a jurisprudence of prisoners' rights, protection of prisoners' rights remains partial and equivocal. Many aspects of prison life are left within the realm of executive discretion. This equivocal commitment to rights in England is juxtaposed with Germany's highly articulated rights culture and its ambitious system of prisoners' rights protection under the Prison Act 1976. The German Prison Act sets out foundational principles of prison administration, affords prisoners positive rights, defines the limitations of prisoners' constitutional rights, and provides prisoners with recourse to a Prison Court. Moreover, these rights and principles have been developed and refined in a substantial body of prison law jurisprudence over the last thirty years.
Reform Ideals and Political Compromise
Authors: Lazarus Liora
Published: April 2012

The groundbreaking decisions of the Federal Constitutional Court (FCC) in the 1970s were deeply embedded in the process of prison reform. There was a direct relationship between the FCC's interpretation of the Basic Law and the arguments of the prison reform movement. The political forces in play during the final stages of legislative drafting were also fundamental to the content of the Prison Act. This chapter examines the context in which prison reform ideals were shaped as well as the political and institutional imperatives that undercut their realization.
Penal Politics and Prison Law
Authors: Lazarus Liora
Published: April 2012

This chapter examines the shape, nature, and criminal justice context of prison law in England in light of German prison law. The legislative regimes of England and Germany reflect the different political, penal, and constitutional landscapes of each country. England places its greatest emphasis on mechanisms of political control, accountability, and oversight. The courts have no historically defined place within prison administration, and the statutory regime places the Home Secretary in a pivotal position in the determination of prison policy and prisoners' rights.
Prisoners and the Parliamentary Constitution
Authors: Lazarus Liora
Published: April 2012

This chapter highlights two important features distinguishing Germany and England: the differing weights of fundamental rights within contemporary constitutional culture and the divergent conception of the prisoners' fundamental rights status. In contrast to Germany's faith in fundamental rights and its systematic and comprehensive approach to fundamental rights protection, England experiences a cultural tension between an emergent rights culture and an established tradition of rights scepticism and respect for parliamentary sovereignty. The English and European conception of the prisoner's fundamental rights status also does not include any explicit articulation of the prisoner's administrative rights status or any positive conception of prisoners' rights.
The Jurisprudence of Prisoners' Rights
Authors: Lazarus Liora
Published: April 2012

This chapter examines the judicial development of prisoners' administrative rights in England. Viewed from a German perspective, judicial development of prisoners' administrative rights in England has been partial and uneven. Judges are tentative in their supervision of prison administration and concerned not to interfere in prison life. The judiciary resists developing rights, principles, and standards to guide the activities of those working inside prisons. Whilst walking the tightrope between judicial deference to Parliament and the protection of prisoners' rights, English judges have vacillated between a language of rights principles and a language of pragmatism and sovereignty.
Conclusion
Authors: Lazarus Liora
Published: April 2012

This chapter sums up the arguments presented in this book. Germany's prisoners' rights were formed in a political and legal culture shaped by constitutional rights, characterized by faith in fundamental rights, and dominated by rights rhetoric. In contrast, it is hard to find clear legal principles guiding the exercise of prison administration and defining prisoners' rights in English law. The statutory regime in England is concerned, not with the definition of prisoners' legal rights, but with clarifying lines of political control and accountability.
Strategies for Democratization and European Integration in the Balkans
Authors: Vachudova Milada Anna
Published: April 2012

This chapter explores how the EU has worked to anchor the seven Balkan states into the process of European integration. Since 1999, the clear prospect of EU membership has provided a relatively constant set of incentives for elites to pursue strategies of regional peace-building, ethnic tolerance, and economic reform. Before 1999, this prospect was much less clear — and the logic of qualifying for membership certainly failed to overpower domestic forces with very different political agendas in Croatia or Serbia. The prospect of eventual EU membership failed to motivate leaders in many Balkan states to follow a path of reform compatible with joining the EU as rapidly as possible. But it did not fail to motivate all of them.
Standards of Review in WTO Dispute Resolution
Authors: Oesch Matthias
Published: April 2012

This volume is a unique study on the highly controversial issue of standard of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In recent years they have gained unprecedented political and systemic significance in WTO panel proceedings. To what extent should panels and the Appellate Body review policy determinations of national or regional authorities of WTO members, both in terms of facts and law? Should they be guided by a policy of judicial restraint or should they review domestic measures de novo? This volume first addresses the tense relationship between international interdependence and national sovereignty against which WTO dispute settlement takes place. It then examines the notion of standards of review as one of the crucial elements in shaping the balance of power and responsibility for decisions on factual and legal issues. The current state of law and practice, which has emerged through panel and Appellate Body reports, is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases. This book contributes to the clarification of basic issues of global Constitutionalism and the interface between domestic and international law.
Introduction
Authors: Oesch Matthias
Published: April 2012

This introductory chapter sets out the purpose of the book, which is to explore standards of review in WTO dispute resolution. It discusses dispute resolution under GATT 1947 and rule-oriented WTO dispute resolution. An overview of the subsequent chapters is also presented.
The Functions of Standards of Review
Authors: Oesch Matthias
Published: April 2012

This chapter is dedicated to the functions of standards of review in the WTO context. Section I outlines in general the primary function of standards of review as a tool for the allocation of power. Sections II and III elaborate in particular on the allocation of power between panels, on the one hand, and WTO members or special bodies within the institutional framework of the WTO, on the other hand. The implications of these tense relationships for the issue of standard of review are analyzed.
Standards of Review in the WTO Legal Texts
Authors: Oesch Matthias
Published: April 2012

The Uruguay Round negotiations left the question of standard of review open. The negotiators did not succeed in reaching an agreement on a clearly defined standard of review generally applicable to all covered agreements. Notwithstanding this, some provisions in the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), most prominently Articles 3.2 and 11, bear the potential for describing the parameters for panel jurisdiction and thus touch upon the notion of standard of review. This chapter is organized as follows. Sections I and II examine the meaning of these provisions. The Anti-Dumping (AD) Agreement is the only agreement for which a particular standard of review could have been adopted. Section III analyzes the meaning of Article 17.6 of the AD Agreement. The very existence of Article 17.6, and its deferential language, may allow conclusions to be drawn as to the appropriate standards of review outside the AD Agreement. Thus, Section IV is dedicated to an analysis of the relationship between Article 11 of the DSU and Article 17.6 of the AD Agreement.
‘Raw’ Evidence and Factual Conclusions
Authors: Oesch Matthias
Published: April 2012

This chapter turns to the standards of review of facts as such. The standards which panels and the Appellate Body have so far deemed appropriate towards factual findings are analysed. Section I turns to standards of review of the ‘raw’ evidence. Section II assesses the case law concerning standards of review applied towards factual conclusions drawn from the ‘raw’ evidence.
Miscellaneous Matters
Authors: Oesch Matthias
Published: April 2012

This chapter considers three distinct matters which are informative for the determination of the appropriate standards of review of facts. Section I examines the question whether the characteristics of the lower instance which dealt with a contested measure prior to a WTO panel may influence the approach of panels towards the factual record. Section II analyzes the role of the Appellate Body in the process of fact-finding. The famous Article 17.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) limits an appeal to ‘issues of law covered in the panel report and legal interpretations developed by the panel’. Thus, the Appellate Body does not seem empowered actively to review, and if necessary remedy, a panel's assessment of the facts. Section III considers the issue of burden of proof, and its relationship to and distinction from the notion of standard of review.
WTO Law
Authors: Oesch Matthias
Published: April 2012

This chapter analyses the relevant case law with regard to the standard of review relating to WTO law. Sections I and II examine panel and Appellate Body practice pursuant to Article 11 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and Article 17.6(ii) of the AD Agreement, respectively. Since the issue of standard of review is closely related to the method of treaty interpretation, the latter is also briefly considered in Section III. Finally, in the course of an excursus, Section IV looks at the sources of guidance which panels and the Appellate Body have been looking at in order to be adequately informed on the correct interpretation of WTO law.
International Law
Authors: Oesch Matthias
Published: April 2012

This chapter deals with the issue of standard of review relating to international law. The crucial question is to what extent and with what intensity a panel should review the interpretation of international legal instruments and, if not convinced, come up with its own interpretative conclusion. Section I turns to the panels' and the Appellate Body's general competence to examine matters which turn on the correct interpretation and application of international law other than WTO law. For methodological purposes, it seems advisable to categorize the various legal sources stemming from the wide and heterogeneous body of international law. Each of the categories of international law is then examined as to the standards of review applied by panels and the Appellate Body so far. This is done in Sections II to IV. Finally, Section V summarizes the practice and critically assesses it in the light of general standard- of-review principles.
Concluding Summary
Authors: Oesch Matthias
Published: April 2012

This chapter provides a concluding summary of the results which have been arrived at in the course of this work. A final reflection on the panels' and the Appellate Body's overall approach towards standards of review so far, and a tentative outlook as to future practice, complete the book.
‘The Public Interest’ in Regulation
Authors: Feintuck Mike
Published: April 2012

The concept of ‘the public interest’ is often used in legal and political discourse, lending an air of legitimacy and respectability to exercises of power. However, the term is rarely defined in any meaningful sense. Even where it has the appearance of a term of art in legal or regulatory usage, it may, in reality be no more than an empty vessel, waiting to be filled with whatever values the user wishes. This lack of definition renders the concept vulnerable to capture by interest groups, quite contrary to the collective values that the term seems to imply. This book considers whether these problems with the concept's current usage are inevitable and inherent, or whether it is possible to reinvigorate it. It begins by considering a variety of abstract concepts of public interest from the literature of law, political science, and economics. This exploration suggests a close relationship between a meaningful model of public interest and central democratic values such as citizenship. However, the dominant models fail to reflect these expectations satisfactorily. Using a series of case studies of current regulatory activity in Britain and the United States, the book then goes on to explore how the concept is used in practice. Finally, the actual and potential utility of the concept of public interest is evaluated. The book then considers the legal forms in which the public interest might be manifested in order to offer legitimate and effective protection to vulnerable democratic values by the regulation of private power.
Towards a Democratic Vision of the Public Interest
Authors: Feintuck Mike
Published: April 2012

Though the very phrase ‘the public interest’ has an air of democratic propriety, the absence of any identifiable normative content renders the concept insubstantial, and hopelessly vulnerable to annexation or colonisation by those who exercise power in society. This chapter considers whether the concept might in fact be capable of resuscitation and reinvigoration via closer examination and deeper understanding of its functions and conceptual connections. It seeks to establish an analytical framework upon which a more robust construct of the public interest might be developed. It examines the historically changing nature of the concept of public interest and its manifestation in law and regulation. The concept is discussed in the context of democratic values, and in particular in relationship with expectations of citizenship, with which the public interest is intimately connected. Some commentators note how the public interest serves as a complement to concepts of human rights, or view it as offering a degree of linkage or balance between the rights and duties associated with citizenship.
The Public Interest in Regulatory Practice: the USA
Authors: Feintuck Mike
Published: April 2012

The federal and fiercely republican context in which regulation of private activity takes place in the United States has led to a very different administrative tradition from that of the United Kingdom. This chapter examines how concepts of public interest have developed in, and have informed, the American regulatory system. The focus is on the key regulators of broadcasting and of the food supply industry: the Federal Communications Commission (FCC) and the Food and Drug Administration (FDA). The FDA operates within the web of constitutional and administrative law which establishes the limits on the duties and powers of government agencies. Disputes arising out of the activities of regulators such as the FDA or FCC essentially raise questions regarding the legality of agency action, yet underlying these ‘technical’ issues are much larger questions relating to the legitimacy of such actions within the polity.
Anglo-American Comparisons
Authors: Feintuck Mike
Published: April 2012

This chapter compares the regulatory regimes in the United Kingdom and the United States with respect to the public interest. In both countries, the regulatory endeavour in relation to fundamentals of citizenship, such as food industry and mass media, seeks to protect democratic expectations from threats posed by raw market forces. While the principles of the Rule of Law and separation of powers may be thought to restrict the propriety of judicial intervention in relation to the normative underpinnings of regulation, the integration of explicit values into the basic statutory, administrative, and constitutional law which forms the context for regulation could create a more permissive role, bringing such tasks legitimately within the judicial ambit. It is clear that administrative law is intimately linked to, and in many ways can be viewed as, the application of constitutional law and principle, and hence to the democratic value-base.
A History of Public Law in Germany 1914–1945
Authors: Stolleis Michael
Published: April 2012

This book opens with the First World War, analyses the highly creative years of the Weimar Republic, and recounts the decline of German public law that began in 1933 and extended to the downfall of the Third Reich. The book examines the dialectic of scholarship and politics against the background of long-term developments in industrial societies, the rise of the interventionist state, the shift of state law and administrative law theory, and the emergence of new disciplines (tax law, social law, labour law, business administration law). The book examines the doctrine of state law and administrative law during the First World War and the impact of the Weimar Constitution and of the Versailles Treaty on the discipline is discussed. Here the famous ‘quarrel of direction’ that occurred in the field of state law doctrine (1926–9) played a central role. But equally important was the development of state law and administrative law theory, administrative doctrine, and the jurisprudence of international law. Part two of the book is devoted to the impact of National Socialism. The displacement of Jewish scholars, the change of direction in the professional journals, and the shutdown of the Association of State Law Teachers form one aspect of the story. The other aspect is manifested in the erosion of public law. The book tackles questions about the co-responsibility of scholars for the Holocaust, and the reasons why academic teachers of public law were all but absent in the opposition to the Nazi regime.
Revolution, Weimar Constitution, and Versailles
Authors: Stolleis Michael
Published: April 2012

Nearly everything that aroused the passions in German state law and international law during the Weimar period revolved around the three issues of Revolution, Weimar Constitution, and Versailles. Concretely, this chapter talks about the end of the monarchies and thus also of the supreme ecclesiastical authority of Protestant regional sovereigns, of the transition to parliamentary democracy and the ‘party state’, and of the humiliation of the nation at the hands of the victorious powers. The ‘November revolution’ and ‘Versailles’ remained traumatic experiences that could not be absorbed and digested in only a few short years. Added to this was the fact that jurists with a predominantly bourgeois disposition experienced the new republic as insecure and unpleasant. The inflation of 1923 threatened the material resources of life. Against this backdrop, it might appear contradictory that the constitution was overwhelmingly accepted and commented upon by scholars of public law.
Constitutions of the Länder and Administrative Law
Authors: Stolleis Michael
Published: April 2012

Constitutional and administrative law of the German states did not develop in a synchronous manner in the nineteenth and twentieth centuries. In the early nineteenth century, the constitutional question was dominant, both in the individual states and in the national movement that led to the revolution of 1848. Administrative law was not the centre of attention at that time. It was taught either as ‘internal state law’ or within the framework of the science of public administration. The growth of public law in parallel with industrialization was an added factor, along with administrative jurisdiction. Slowly a common level of discussion emerged above the administrative laws of individual states; shortly before the turn of the century, it became apparent in the formulation of a ‘Generalized Section’ by Otto Mayer. From then on, the matter of the various state administrative laws provided the material for the state-specific ‘Specialized Section’ of administrative law.
The Principle of Respect for Civil Liberties
Authors: Gearty Conor
Published: April 2012

This chapter discusses the principle of respect for civil liberties. The subject of civil liberties is best viewed as being concerned with those freedoms which are essential to the maintenance and fostering of the representative system of government. The first section examines the legal conception of civil liberties. The second section looks at civil liberties in Britain. The third section discusses the civil liberties embedded in the European Convention on Human Rights. The fourth section considers civil liberties in relation to the Human Rights Act. It argues that the largest claim that the Act can make for the attention of civil libertarians is in its determined protection of the principle of parliamentary supremacy. The fifth section considers the application of civil liberties under the Human Rights Act.
The Principle of Legality
Authors: Gearty Conor
Published: April 2012

This chapter discusses the principle of legality. The version of legality defended here as integral to the Convention system is one that requires official action in a democratic state to be positively authorized by law. It argues that the version of legality found in the European Convention on Human Rights and the Human Rights Act fits with the democracy-oriented model set out in this chapter. The first section examines legality and the ‘rule of law’. The second section explores representative democracy, the European Convention, and the principle of legality. The third section considers the importance of legality in advocating rights. The last section discusses the common law. The challenge to legality posed by the common law is met without relying on a rights' statute that raises issues of legitimacy.
The Aspiration of Institutional Competence
Authors: Gearty Conor
Published: April 2012

This chapter is concerned with the approach that should be adopted when the case before the courts is one in which a Convention right is engaged. It looks at the atmosphere of the case, and the policy or the institutional background against which the right is scrutinized and applied. Taking as an example the case of Mrs. Pretty, who suffered from a motor neurone disease with no hope of recovery, the first section looks at the separation of powers and the Human Rights Act. The second section examines when judges should act, looking at the lessons from the Strasbourg case law. The third section explores judicial restraint under the Human Rights Act. The fourth section looks at the engaging principle under the Human Rights Act.
The Aspiration of Proportionate Intrusion
Authors: Gearty Conor
Published: April 2012

This chapter deals with how the aspiration of proportionate intrusion has manifested itself in the case law. It starts by considering the reception of the Act in areas already covered by legislation for which it was not obvious that the Human Rights Act was designed. It discusses the impact of the measure on judicial review of administrative action. Then it explores how the common law has coped with the dramatic legislative challenge to its culture. Lastly, it considers the problem of retrospectivity, an issue which has provided the first major crisis for the judicial branch in its interpretation of the Act. In all of these areas, the Human Rights Act has had to be managed to enable its best features to be revealed while preventing the measure from getting out of control.
The Aspiration of Analytical Coherence
Authors: Gearty Conor
Published: April 2012

This chapter discusses the aspiration of analytical coherence. The first section considers the legal reasoning in the system into which the Human Rights Act has been introduced. An important part of the central requirement for a coherent framework of law is a commitment to consistency, a goal that has been a cornerstone of the common law method of case-by-case adjudication. The law's fundamental commitment to coherence and consistency is evident in the way in which judges have approached the proper interpretation of statutes. The second section examines the imperative of intelligibility. The third section looks at the priority of substance over form. The fourth section explores noble lies and other deceits. The fifth section considers whether truth or anarchy have precedents in the European Court of Human Rights.
Judging the Human Rights Act
Authors: Gearty Conor
Published: April 2012

This chapter evaluates the Human Rights Act, examining judicial self-consciousness, the judiciary and its reform, civil liberties, and the political process. This book has dealt with the way in which the British constitutional order has embraced and engaged with the language of human rights. The UK constitution has now taken on human rights, just as earlier it took on democracy and social justice. The Human Rights Act both influences and is influenced by the ideology that precedes it. The chapter argues that the UK constitution's reconciliation of the demands of self-rule with the need to respect the human rights of those within it is an example of its flexible genius. It is the task of the judges to bring this talent to the wider public every day of the week.
Historical increases in expert music performance skills: optimizing instruments, playing techniques, and training
Authors: Lehmann Andreas C.
Published: April 2012

This chapter analyses changes in public music performance and performance skills across historical periods. It examines the increases in preparation and specialization over time that have led to the achievement of higher levels of performance. It describes the mechanisms that allow musicians to excel, such as innovative playing techniques and improvements made to musical instruments. It also discusses the assimilation of these changes into a body of shared knowledge, allowing future musicians to acquire superior techniques and thus surpass their predecessors.
Musical synchronization
Authors: Repp Bruno H.
Published: April 2012

Sensorimotor synchronization (SMS), the coordination of rhythmic movement with rhythmic sensory stimuli, is a universal human skill that is fundamental to music performance and dance. This chapter discusses some of the most important findings about the synchronization of simple movements with simple rhythmic sequences. It also distinguishes three musical scenarios:(1) synchronization of simple movements with complex sequences (e.g. tapping to the beat of music), (2) synchronization of complex movements with a simple sequence (e.g. playing music with a metronome), and (3) synchronization of complex movements with a complex sequence (e.g.playing music in an ensemble).
Movements and analysis of drumming
Authors: Dahl Sofia
Published: April 2012

This chapter analyses the movement strategies used in drumming. These movement strategies can be described as whiplash-like and aim at achieving high stick velocities on impact. Skilled playing of percussion instruments involves adjusting to and utilising the kinesthetic feedback from the instrument in question. The overall patterns of the movement strategies are maintained consistently for different tempi, surfaces and dynamic levels. The height to which the stick is lifted in preparation for a stroke and the vertical velocity of the stick marker at impact are both strongly linked to the dynamic level.
Brain structures of musicians: executive functions and morphological implications
Authors: Schlaug Gottfried
Published: April 2012

This chapter discusses the data on structural differences found between the brains of musicians and non-musicians, with an emphasis on regional differences beyond the primary sensorimotor region and the functional role that these regions might play, particularly regions in the middle and inferior frontal lobes. The ability to develop associations between actions and sounds is essential for the production and comprehension of music, or any kind of behaviourally relevant sound information. Research studies have implicated parts of the frontal cortex as important regions for integrating information from multiple sensory modalities and brain regions. It is therefore likely that the frontal cortex plays an important role in developing associations across modalities, including action-sound mappings.
Brain activation during piano playing
Authors: Bangert Marc
Published: April 2012

This chapter discusses brain imaging in piano playing. It examines in detail an electroencephalography (EEG) study covering the topics of auditory-sensorimotor maps and rapid motor plasticity. It also provides a meta-review of research uncovering areas of the brain that contribute to various music-processing tasks. The review speculates on a possible core network for music, and points out its relationship to the network dedicated to speech and language.
‘Singing in the (b)rain’: cerebral correlates of vocal music performance in humans
Authors: Ackermann H. , Wildgruber D. , Riecker A.
Published: April 2012

This chapter discusses the motor domain of vocal music performance and explains whether the neural substrates of human singing capabilities show opposite lateralization effects compared with speech and language functions. It reviews the relevant data obtained in both clinical populations and healthy subjects with a focus on functional haemodynamic imaging as a more recent approach to the study of the relationship between brain and behaviour. Data indicate that vocal music performance is predominantly bound to the right hemisphere. However, these lateralization effects appear to be less robust or pronounced than functional asymmetry of speech production.
Sensory–motor networks in singing and speaking: a comparative approach
Authors: Gordon Reyna Leigh , Racette Amélie , Schön Daniele
Published: April 2012

This chapter focuses on the comparative analysis of music and language. One approach to comparing the neural bases of language and music is through the use of song, which is a unique combination of these two cognitive domains. This chapter cites several studies that have investigated the cognition of song and examines the findings relevant to the comparison of language and music processing. It also shows how these studies have addressed the interaction or independence of language and music, the modulation of attention, the functional mapping of brain areas involved in singing, memorization processes, and production of song in patients with language disorders.