bluuebunny/crossref_metadata_2025 huggingface dataset:
The Market, Preferences, and Equality
Authors: Macleod Colin M.
Published: July 2016

The perfectly competitive market of economic theory often enters political philosophy because it can be represented as illuminating important values. Theorists who are enthusiastic about the heuristic potential of the market claim that we can learn much about individual liberty, the promotion of mutual advantage and efficiency in the distribution of goods by studying it. However, a principal limitation of the market for many theorists is its supposed insensitivity to the demands of egalitarian justice. According to the standard charge, markets—even idealised ones—are hostile to the achievement and maintenance of an equitable distribution of resources. It is striking, then, that a leading exponent of egalitarian justice like Ronald Dworkin should argue that there are very deep and systematic links between equality and the market. He contends that, contrary to the received view, “the best theory of equality supposes some actual or hypothetical market in justifying a particular distribution of goods and opportunities.” Moreover, the articulation of Dworkin’s influential egalitarian account of liberal political morality depends on acceptance of the market as an ally of equality. Thus Dworkin claims not only that the market plays a crucial role in the elaboration of a doctrine of distributive justice but also that it illuminates the distinctively liberal commitments to the protection of extensive individual liberty and to the requirement that the state must be neutral between different conceptions of the good. The aim of this paper is to raise some doubts about the soundness of one of the fundamental onnections Dworkin draws between the market and distributive justice.
Harm, Offense, and Morality
Authors: Alexander Larry
Published: July 2016

Joel Feinberg’s magnificent four volume work, The Moral Limits of the Criminal Law, represents a sustained and comprehensive argument regarding what conduct is appropriately regulated through criminal prohibitions and sanctions. Feinberg’s conclusions are essentially those of the Millian liberal: Conduct that causes harm or offense to others may be criminalized, but conduct that is harmful only to the actor or that is a harmless immorality may not be. Feinberg’s governing principle, however, is not Mill’s maximization of utility but is instead respect for individual autonomy. For Feinberg, respect for autonomy delimits the legitimate boundaries of concern with others’ conduct insofar as the concern is expressed through criminal prohibitions.
Adjudication, Validity, and Theories of Law
Authors: Bogart John
Published: July 2016

Although Positivism and Natural Law theories seem to be mutually exclusive theories regarding the law, one might be able to salvage the attractive features of both theories by confirming each theory to a different area of judicial life. The most promising line of demarcation is to confine Positivism to theories of validity, and to confine Natural Law to theories of adjudication. This strategy has been very ably outlined in a paper by David Brink, which I shall use as the springboard for this essay.
Should Communities Have Rights? Reflections on Liberal Individualism
Authors: McDonald Michael
Published: July 2016

The central question for this paper is whether communities should have rights. This is a question that I will consider in a certain ideological or normative context, namely, that of liberalism. There are other contexts in which the question could be asked; for in non-liberal ideological settings there have sometimes been clear positive answers to the question of whether minority communities should have rights. Thus, the Ottoman Empire’s millet system provided a system of group rights. Various other autocratic states like Czarist Russia have also provided at least some de facto if not de jure protection for various minority groups. One might even argue that various nineteenth and twentieth century European colonial regimes protected to some extent minority ethnic rights. On paper, Marxist governments in the Soviet Union and Yugoslavia have made provision for various sorts of group rights; but as current events attest, neither Moscow nor Belgrade is very comfortable with the vigorous exercise of such rights. Indeed, in both the origins and the consequences of the First and Second World Wars, group rights played an extensive role.
Bridging the Gap Between Individual and Collective Rights With the Idea of Integrity
Authors: Jacobs Lesley A.
Published: July 2016

The very idea of collective rights has for a long time now been regarded with suspicion by moral and political philosophers. In recent years, however, this attitude has become more difficult to sustain, for the language of collective rights has come to dominate some of the most contentious political issues of our day. Consider, for example, the controversy surrounding the alleged injustices suffered by the indigenous peoples of North America. The arguments that best capture the core of these allegations appeal to collective rights. These arguments maintain that the injustices commonly suffered by an indigenous people involve the violation of rights held collectively by them rather than by particular individuals.
Varieties of Strict Liability
Authors: Husak Douglas N.
Published: July 2016

Little about strict liability has evoked much agreement among commentators except for their opposition to it. Most but not all philosophers of law regard strict liability in the criminal law as unjust. To be sure, the opposition of commentators is highly qualified. Legal philosophers are more tolerant of strict liability in tort law than in criminal law, less vehement when punishments are relatively lenient, and sometimes prepared to allow the exigencies of law enforcement to override considerations of justice. These concessions, however, are made in a general climate of hostility to strict liability.
The Refoundation of Evidence Law
Authors: Stein Alex
Published: July 2016

This article examines and criticizes the conventional evidence doctrine and its core principle (albeit with exceptions) of legally unregulated fact-finding. New foundations for evidence law are offered that reflect a principled allocation of the risk of error in conditions of uncertainty. Such conditions are present in virtually every litigated case. This article opposes the doctrine of ‘free proof’. That doctrine underlies the current flowering of discretion injudicial fact-finding and is responsible for the ongoing abolition of evidentiary rules. The evidence law theory developed in this article is of course itself theory-dependent. Far from claiming the theory here is uniquely correct rather than simply valid, I shall be satisfied by its survival as yet “another view of the Cathedral”. Nonetheless, evidence law as conventionally portrayed can hardly be compared with Monet’s Cathedral. It is conspicuously more like Pisa’s Leaning Tower. This article aims at returning the leaning tower of evidence law to an upright position.
Indeterminacy: Critical Notice: Law, Language and Legal Determinacy by Brian Bix
Authors: Waluchow Wil
Published: July 2016

It is not easy to summarize what this book is about, except to say that it is an exploration of a variety of themes and a variety of authors on the role of language in the practice of law, the role of theories of language in legal theory, and how all this bears on “the problems of legal determinacy.” By the latter we are to understand problems having to do with whether the law always, almost always, or never provides uniquely correct answers to legal questions like “Does the Canadian Charter of Rights and Freedoms invalidate the Federal government’s ban on tobacco advertising?” or “Is this defendant guilty of defamatory libel?” The works of several authors are discussed, with emphasis placed on Wittgenstein, Friedrich Waismann, Herbert Hart, Ronald Dworkin, Michael Moore, and Lon Fuller. As with the writings of Wittgenstein, who serves as Bix’s philosophical inspiration, it is not always abundantly clear what the discussions all add up to. Nevertheless, it is possible to distil from Bix’s somewhat unfocused discussions the following central themes. These, as Bix himself notes, are linked by nothing stronger than “family resemblance.”
Between Globalism and Territoriality: The emergence of an international constitution and the challenge of ecological legitimacy.
Authors: M’Gonigle Michael
Published: July 2016

This paper is being written as the implications of September 11 continue to reverberate worldwide, its consequences going who knows where. Nothing, we are told, will be the same again. One aspect of this change will be how we think about international society, including its legal character. In this quest to understand international law in this changing, and uncertain, context, this paper posits a different sort of analysis, one that addresses the dialectical tension between globalism and territorialism. Globalism describes the emerging globally comprehensive legal (and political and economic) regime organized around expanding forms of centralized power. In contrast, territorialism describes an incipient movement to support a diversity of social and physical realms of authority rooted in a geographic tapestry of self-maintaining forms of place-based power. Both terms describe competing forces of social organization such as customary versus bureaucratic forms of regulation. These forces have long existed in a dialectical tension that, neither separate nor distinct, interpenetrate in countless aspects of political and economic life.

This dialectical tension permeates human history, but its operational character has been little considered, and its significance little understood. The conception of “territory” is a particularly complex one (especially when understood in its full historical sweep) that has a strong relevance to that foundational concern of international law, sovereignty. Externally, the territorial state is the legal subject. The challenge of this paper is to convey a vision and analytical framework that seeks to understand territory in a fuller sense than is traditionally used. To do so, this paper rechacterizes the increasingly centralized power structure from the perspective of ecological political economy. This perspective is particularly relevant to this age of ecological limits and global constitutionalism.

Based on this ecological analysis, the paper proposes a notion of territoriality that gives prominence to the state’s historical other--place-based institutions of cultural and community authority. A territorial framework is then presented as an alternative conception of international ordering to that embodied by globalism. In its self-maintaining diversity, plurality of discursive practices/ways of knowing, and wariness towards the universalizing state-centered system, the territorial approach seeks to put in practice many lessons of the postmodern critique. To pursue this line of enquiry exposes to scrutiny a host of foundational beliefs and assumptions about modern economic and political life. Nevertheless, at the beginning of the 21st century such enquiry is again critically important for international lawyers because the sustainability of continued centralized growth is in question, while its momentum into a constitutional dead-end resists re-direction.
Constitutions as Living Trees: An Idiot Defends
Authors: Waluchow Wil
Published: July 2016

In this article, I defend Charters of Rights and the practices of judicial review to which they normally give rise against a number of objections one encounters in public and academic discourse, most notably in the work of Jeremy Waldron. In answering Waldron and his fellow critics, I develop a “living tree” or “common law” conception of Charters and show how it can be used successfully to answer their most powerful criticisms.
Legal Positivism and Scottish Common Sense Philosophy
Authors: Roberts Thomas
Published: July 2016

This paper identifies a volitional theory of meaning common to speech act theory and legal positivism, represented by Hart and Kelsen. This model is compared and contrasted with the model of social operations developed by Reid, a Common Sense Enlightenment philosopher. Whereas the former subscribes to the view that meaning is generated by acts of will, the latter finds meaning to consist of the dual elements of sign and ‘directedness’.

The ability of positivist theories to provide a structural account of the difference between legal rules and other rules is inextricably linked to this commitment to the volitional theory of meaning. The commitment to the volitional view however leads to problems in requiring that some kind of authority be presupposed in for plain rules to attain legal force. Such authority can only be established with recourse to further rules (thus falling into a malign infinite regress) or must be accepted as a matter of faith. Reid's criterion of direction however vitiates the need for an authority, instead accounting for social communication in general, and rules in particular, in terms of sociological factors. Although no comprehensive critique of the volitional theory is proposed, Reid's model is preferable on the grounds of explanatory richness.

The core claims of the paper are that: (a) legal positivism necessarily subscribes to the volitional theory of meaning; (b) rejection of the volitional theory necessarily entails rejection of the positivist view that legal and non-legal rules can be differentiated on structural grounds (c) another counter-model exists which avoids some of the pitfalls of the volitional theory; (d) if the volitional theory is rejected then the existence of rules can only be accounted for in a 'strong' sociological sense and legal theory must accordingly accept the dominant role of sociology in conceptualising the nature of rules.
The True, the Good and the Reasonable: The Theological and Ethical Roots of Public Reason in Islamic Law
Authors: Fadel Mohammad
Published: July 2016

The events of September 11, 2001 and the subsequent declaration of an open-ended “war on terror” have given a new urgency to long-standing discussions of the relationship of Islam to liberalism. In order to avoid the polemics that characterize much of the writing in the “Islam/Liberalism” genre, this Article proposes to use the framework set forth in John Rawls’ Political Liberalism to examine the grounds on which Muslim citizens of a liberal state could participate in a Rawlsian overlapping consensus. An overlapping consensus according to Rawls arises among citizens in a politically liberal state when they - despite holding incompatible theories of the good - each endorse the constitutional essentials of a politically liberal state for reasons within their own comprehensive religious or philosophical doctrines. This Article argues that the basis on which orthodox Muslims can participate in such an overlapping consensus can be found in Islamic theology and ethics. Because theology and ethics comprise the fundamental commitments of orthodox Islam, the political commitments set forth in Islamic substantive law which are inconsistent with constitutional essentials must be interpreted in light of those commitments. After describing orthodox Islam’s theological and ethical commitments to rational theological and moral inquiry, the Article argues that such commitments implicitly require political institutions that allow free theological and ethical inquiry. The Article illustrates this aspect of Islam by describing the development of a system of intra-Muslim normative pluralism in which the existence of conflicting ethical judgments was accepted as a legitimate and inevitable product of moral reasoning. The existence of normative pluralism in the realm of ethics, in turn, made the project of a legal system derived entirely from revelation an epistemological impossibility. The result was that Islamic substantive law was forced to adopt non-theological modes of justification. The Article argues that, in the course of so doing, Muslim jurists made appeals to what Rawls would deem to be public reason. The Article concludes with a series of examples from Islamic substantive law that illustrate the ways in which the pre-modern Islamic legal system represents a qualified form of public reason, consistent with the public culture of a liberal democracy.
Free-Floating from Reality
Authors: Priel Danny
Published: July 2016

Matthew Kramer has recently proposed a distinction between norms that are free-floating and those that are not. The distinction, he argued, enables us to distinguish between norms that can be incorporated into the law and those that cannot. In this essay I argue that his distinction is based on several theoretical errors, and that even if it were successful, it is unclear why his distinction is relevant for the question of the boundaries between law and morality. I also provide many examples from actual legal systems of legal norms that do not correspond to Kramer’s distinction. I conclude the essay by suggesting that Kramer’s argument exemplifies a prevalent problem in contemporary legal philosophy, in which much work is often based on simplistic models of law and uses them to develop ‘conceptual’ arguments for what closer attention to the facts shows are empirical questions. As a result many current jurisprudential debates are not helpful for understanding legal phenomena. Recognizing this point is important for reorienting legal philosophy towards other questions which would be more helpful for illuminating its subject-matter.
Re-examining States’ External Obligations to Implement Economic and Social Rights of Children
Authors: Wabwile Michael
Published: July 2016

International law on the protection and promotion of social and economic rights of the child binds states parties to respect, protect and secure these rights both in their own territories as well as to contribute to the programmes for such fulfilment in other countries in a strategy aiming at global implementation of these rights. This paper explores the legal basis for states‘ external obligations to support fulfilment of social and economic rights. It surveys inter alia the relevant treaty texts, explanatory resolutions of the UN General Assembly and statements in reports submitted by states parties to the UN monitoring committees, and argues that recent state practice and interpretation of human rights obligations confirms the extraterritorial obligations to support fulfilment of these rights. Since these are obligations to fulfil the rights of human beings in other countries rather than obligations to third states, they can be referred to as ‘diagonal obligations‘ to distinguish them from inter-state horizontal responsibility.
What can Kant Teach Us about Legal Classification?
Authors: Weinrib Jacob
Published: July 2016

In Dimensions of Private Law, Professor Stephen Waddams describes the obstacles that an adequate classification of private law must overcome. The purpose of this essay is to offer a theoretical account of legal classification that explains how these obstacles can be overcome and what the resulting classification of private law might look like. I begin with the catalogue of obstacles that Waddams presents and argue that, because they are rooted in misconceptions about the classificatory project, they pose no threat to an adequate conception of legal classification. In search of such a conception, I consider how three great legal theorists – Aristotle, Kant, and Hegel – answer three fundamental classificatory questions about private law. First, what is the unitythat underlies the seemingly chaotic array of legal instances? Second, what is the principle of differentiationthat applies to this unity? Third, how are legalinstancessubsumed under this differentiated unity? The focus of this essay is the enduring significance of Kant’s conception of legal classification, which provides an alternative to Waddams’ conception and offers a set of coherent answers to the fundamental classificatory questions. In contrast, both Aristotle and Hegel respond to the fundamental classificatory questions by providing a conception of the unity of private law that fails to cohere with their ensuing accounts of its differentiation.
Offences and Defences: Selected Essays in the Philosophy of Criminal Law by John Gardner
Oxford: Oxford University Press, 2007. Pages xiv + 288, Paper ISBN 978-0-19-923936-8. Page references in parentheses are to this work. For full details of the essays included see John Gardner's website: users.ox.ac.uk/~lawf0081/.
Authors: Thornton Mark
Published: July 2016

This volume contains eleven previously published essays on criminal law together with a new “Reply to Critics” by the Professor of Jurisprudence at Oxford, John Gardner. The principal themes of the essays, covering offences, defences, and punishment, are summarized in this review, which also highlights areas of controversy and various lines of criticism.
Deliberative Democracy and the Internet: New Possibilities for Legitimising Law through Public Discourse?
Authors: Leane Geoffrey W.G.
Published: July 2016

Does the Internet offer the promise of a newly empowered, egalitarian public sphere more completely informing the institutions of representative democracy through an engaged and articulate public sphere? The Internet is with us now as a social fact. Its potential remains inchoate at a time when mass media, already debased as an intermediate medium for public discourse, suffers further erosion. The limitations of the Internet as a new medium for an enriched deliberative discourse are not necessarily fatal. Indeed the time may well be right. The institutional means for realising it are largely untried and controversial but not likely beyond our capabilities. In short, there is a need and a promise but not yet an active engagement. Against idealised Habermasian criteria the prospects are bleak and indeed there is danger of further fragmentation of publics. But judged against already debased modes of political discourse and the reality of the erosion of their mass media forms the prospects are perhaps not so bleak. The utopian best ought not to be allowed to crowd out the achievable good.
Tragic Incommensurability and Legal Judgment
Authors: Etxabe Julen
Published: July 2016

This article has several and concurrent purposes. The first is to offer conceptual clarification about the notion of incommensurability and how it can be meaningfully understood in various contexts. Secondly, the purpose is to advance the substantive position that something important is lost when incommensurability is rejected in the law as a matter of principle. Third, the aim is to bring to fuller awareness the practical difficulties that a judge facing a potentially incommensurable conflict would encounter when judging it. Finally there is the claim, against the backdrop of contemporary theories of procedural democracy, that tragic incommensurability cannot be wholly neutralized by the procedures aimed at the generation of consensus, nor dissolved through the harmonic integration of all the values that law is supposed to protect.
Thoughts on the Divergence of Contract and Promise
Authors: Bartrum Ian
Published: July 2016

This essay offers some brief thoughts on Seana Shiffrin’s recent work regarding the divergence of contractual and promissory norms. I conclude that Shiffrin does not do enough to separate and account for the different consequentalist and deontological justifications underlying each institution, and does not do enough to explain how promises give rise to the “moral” duties she posits. I suggest, instead, that the divergence between contract and promise is justified by the different roles each institution plays in our lives, and that, in fact, keeping strictly promissory duties outside the scope of state coercion actually facilitates a strong culture of responsible moral agency.
Planning Positivism and Planning Natural Law
Authors: Stone Martin Jay
Published: July 2016

Scott Shapiro offers an elaboration and defense of “legal positivism,” in whichthe official acceptance of a planfigures as the central explanatory notion. Rich in both ambition and insight,Legalitycasts an edifying new light on the structure of positive law and its officialdom. As a defense of positivism, however, it exhibits the odd feature that its main claims will prove quite acceptable to the natural lawyer. Perhaps this betokens – what many have begun to suspect anyway – that our usual tests for classifying legal theories (as positivist or not) are, in the present state of discussion, no longer credible. In any case, my hope in the following remarks is to suggest how certain ambiguities inLegalitymight easily be resolved in favor of PlanningNatural Law. The Planning Theory of Law, in other words, is not proprietary to positivism.
Excused Necessity in Western Legal Philosophy
Authors: Ghanayim Khalid
Published: July 2016

Should a person in a life-threatening situation have a defence when he saves his life by causing death to a person who was not involved in creating the life-threatening situation? Viz., does the perpetrator have an excused necessity defence that negates imposing the punishment? This issue - excused necessity defence - has fascinated the legal world since antiquity and has been described as one of the most complicated issues in criminal law. The well-known case is the “plank of Carneades” or “two men and the plank”. Two men, A and B, are shipwrecked on the high seas; as their strength ebbs and they are about to drown, they see a wooden plank that is just large enough to support only one of them. A reaches the plank first and grabs it, but B, faced with the prospect of certain death, pushes A off the plank, resulting in the death of A by drowning. B then grabs the plank and manages to save his own life. Should B have a defence if he is prosecuted for pushing A off the plank in these circumstances?
Uncommonly Common: The Nature of Common Law Judgment
Authors: Mayeda Graham
Published: July 2016

What is the difference between “judge-made law” and the laws created by an elected assembly? The purpose of this paper is to investigate this question by addressing the differences and similarities between common law judgment and political judgment. I contend that there is something distinctive about common law judgment. This distinctive nature is the result of the different ground of validity of legal and political decisions. Legal judgment has a distinct ground of validity. This validity derives from two aspects of common law judgment: the impartiality of the decision-maker and the critical function built into common law reasoning itself. I articulate this view by drawing on Hannah Arendt’s lectures on Immanuel Kant’s Critique of Judgment, as well as on the work of theorists such as H.L.A. Hart, Ronald Dworkin and Joseph Raz. I also discuss Canadian and U.K. cases in which judges address their role and explain their views on precedent, the need for judgments to respond to the arguments of the parties, and the importance of law adapting to the constantly changing circumstances of the modern world.
Restitution and Realism
Authors: Klimchuk Dennis
Published: July 2016

While the roots of the common law of restitution reach back hundreds of years, the idea that it constitutes a domain of private law was first clearly articulated in the American Law Institute’s Restatement of Restitution in 1932. The U.S. was at the forefront of development in the law of restitution but interest has declined. Recently John Langbein offered an explanation, first in terms of law and economics and then through legal realism. Realism, by Langbein’s estimation, has exacted “a terrible toll” on doctrinal study in the postwar period. One of the principal aims of The Law and Ethics of Restitution, Hanoch Dagan writes, is to disprove this claim. Realism, properly understood, is supportive of doctrine and, he argues, in this context, provides a better account of the law than the prevailing view. This book is a challenging and important work not only in the law of restitution but also in legal theory. My main interest in this Critical Notice is to ask whether the kind of justification for liability in restitution Dagan offers is compelling. While part of what separates Dagan from Langbein is their understanding of legal realism, I take Dagan to be right on this point, and ask whether he’s made the case in favour of a realist account of restitution. I do that by considering two examples of the doctrinal analyses that form the bulk of the book: first by outlining a pair of issues on which Dagan takes a position by setting up the question he aims to ask, and then by considering his rejection of the view to which The Law and Ethics of Restitution offers an alternative.
The Unequal Right to Age Equality: Towards aDignified Lives Approachto Age Discrimination
Authors: Alon-Shenker Pnina
Published: July 2016

This paper critically examines prevailing egalitarian theories (which assess inequality between two individuals on the basis of their lifetime experience). The paper proposes an alternative theoretical framework: theDignified Lives Approach. This theoretical framework, which rests on deontological foundations, considers all human beings as of equal moral worth, and advocates treating each individual with equal concern and respectat any given time. The paper articulates five essential principles of equality founded in the notion of equal concern and respect: the principle ofindividual assessment, the principle ofequal influence, the principle ofsufficiency, the principle ofsocial inclusion, and the principle ofautonomy. Focusing on senior workers, the paper reveals that age discrimination may be as unjust as other forms of discrimination. It therefore articulates a strong, moral case for eradicating age discrimination which is well supported by recent judicial developments.
Moral Theory, Autonomy, and Collective Rights: A Response to Dwight Newman
Authors: Robb R.D.
Published: July 2016

This Critical Notice of Community and Collective Rights: A Theoretical Framework for Rights Held by Groups, has two parts. In the first part, I provide a detailed summary of the considerations Dwight Newman maintains will determine whether a particular group is a legitimate rights-holding collectivity. In the second part, I argue that his understanding of autonomy as one of a set of several significant and competing morally relevant values, combined with his reliance on that understanding of autonomy to describe and defend his theoretical framework, suggest it is not an acceptable or useful framework for Kantians.
On Barnett's Theory of Default Rules
Authors: Wennberg Mikko
Published: July 2016

This discussion is a critique of Professor Randy E. Barnett's solution to the problem of filling in gaps in incomplete contracts. The articles discussed are “The Sound of Silence: Default Rules and Contractual Consent” (1992) and “Rational Bargaining Theory and Contract: Default Rules, Hypothetical Consent, the Duty to Disclose, and Fraud” (1992).
From Apology to Utopia and the Inner Life of International Law
Authors: RASULOV AKBAR
Published: July 2016

A certain body of mythology has emerged in recent years around Martti Koskenniemi's From Apology to Utopia (FATU). At its heart lies a group of received wisdoms that tell us that FATU should essentially be considered a work of postmodern scholarship, that it provides a typical illustration of the so-called deconstructivist approach, and that its single most significant contribution to the field of international legal theory lies in its discussion of the subject of legal indeterminacy. In this article, I seek to challenge and displace this set of narratives, by excavating and restoring to the surface FATU's original intellectual project: a highly ambitious attempt to revive the traditional enterprise of ‘legal science’ by marrying Kelsenian legal positivism with Saussurean structuralist semiotics. In doing so, it succeeded in developing a set of analytical idioms and reasoning protocols that gave the international law profession not only a reason but also the necessary intellectual materials to revolutionize its day to day understanding of the essential character of international legal practice. Thus, far from being a manifestation of any kind of postmodernist sensibility, FATU, I am going to argue, represents, in fact, the exact opposite of it.
From Apology to Utopia’s Point of Attack
Authors: DESAUTELS-STEIN JUSTIN
Published: July 2016

This contribution to the Symposium celebrating the Twenty-fifth Anniversary of Martti Koskenniemi's From Apology to Utopia explores the relevance of the book for contemporary theorists of the international world. In doing so, the article puts Koskenniemi's classic in a contest with John Yoo's recent book, Point of Attack. The purpose in doing so is three-fold. First, it is to illustrate the contemporary use of Koskenniemi's structuralist method. Second, it is to show how the use of the method, with its attendant reliance on modes of legal thought, might give pause to international thinkers seeking to reinvigorate particular structures of argument from the nineteenth century. Third, the two books are put into conversation in order to highlight what I believe to be the very productive results of the structuralist method that have, for the most part, been dormant for a generation.
Koskenniemi's Images of the International Lawyer
Authors: SINGH SAHIB
Published: July 2016

In this article I excavate and critique two dominant images of the international lawyer that emerge from the oeuvre of Martti Koskenniemi. In doing so, I hope to briefly shake the faith critical international legal thought so often invests in the potential of the subject. The first image is of the critical subject that emerges from From Apology to Utopia. She also happens to be a projection of the critic, governed by both elitism and unhappiness, for whom freedom is always both a constant and overarching possibility, and yet always embodied in a fleeting moment. By way of critique, I question whether this critic(al subject) may not unwittingly embed the very aspects of liberal legal and political thought that she seeks to challenge. The second image is of the professional lawyer, left on the shores of pragmatism. She emerges from my reading of Koskenniemi's The Gentle Civilizer, the 2005 Epilogue and his Kantian texts. She is constructed as Koskenniemi's critique is domesticated, taking a last, and perhaps futile, refuge in an ethics that is needed to buttress an identity which can aid international law's moral regeneration. Koskenniemi's writings urge today's international lawyers to put their sense of identity into question; this article asks which identities (and their possibilities) he embeds as he does so.
Safe zero-cost coercions for Haskell
Authors: BREITNER JOACHIM , EISENBERG RICHARD A. , PEYTON JONES SIMON , WEIRICH STEPHANIE
Published: July 2016

Generative type abstractions – present in Haskell, OCaml, and other languages – are useful concepts to help prevent programmer errors. They serve to create new types that are distinct at compile time but share a run-time representation with some base type. We present a new mechanism that allows for zero-cost conversions between generative type abstractions and their representations, even when such types are deeply nested. We prove type safety in the presence of these conversions and have implemented our work in GHC.
On computability and disintegration
Authors: ACKERMAN NATHANAEL L. , FREER CAMERON E. , ROY DANIEL M.
Published: July 2016

We show that the disintegration operator on a complete separable metric space along a projection map, restricted to measures for which there is a unique continuous disintegration, is strongly Weihrauch equivalent to the limit operator Lim. When a measure does not have a unique continuous disintegration, we may still obtain a disintegration when some basis of continuity sets has the Vitali covering property with respect to the measure; the disintegration, however, may depend on the choice of sets. We show that, when the basis is computable, the resulting disintegration is strongly Weihrauch reducible to Lim, and further exhibit a single distribution realizing this upper bound.
Castilblanco or the Limits of Democracy – Rural Protest in Spain from Restoration Monarchy to the Early Second Republic
Authors: Baumeister Martin
Published: July 2016

It was less than a year since the Second Spanish Republic had been founded. In early December 1931 parliament, which had become the focal point of national politics with the elections to the Constituent Assembly, accepted the new constitution by an overwhelming majority after three months of lively debate, and elected the first democratic state president. In mid-December the right-wing Radical Party withdrew from the Republican/Socialist coalition, which was an advantage for the reform programme advocated by premier Manuel Azaña, and seemed to pave the way for reforms to be forced through. These were aimed, above all, at modernising the economy, establishing social justice in rural areas, continuing the process of democratisation and developing federal, decentralised structures. However, the first parliamentary session of the new year, with the new government, was certainly not dominated by the reform measures fought for with such determination. Rather the central theme of the opening session was a bloody incident in a small place in the south-west region of Extremadura which stirred up public opinion to an extreme degree in Spain during the first days of January 1932.
Contamination-Focused Exposure as a Treatment for Disgust-Based Fears: A Preliminary Test in Spider-Fearful Women
Authors: Cougle Jesse R. , Summers Berta J. , Harvey Ashleigh M. , Dillon Kirsten H. , Allan Nicholas P.
Published: July 2016

Background: Disgust is thought to play a prominent role in multiple anxiety disorders and fears, including spider phobia, though little attention has been given to specific treatment strategies that may be effective for multiple disgust-based fears. Aims: In the present study, we evaluated contamination-focused exposure as a potential transdiagnostic treatment strategy for disgust-based fears in a spider fearful sample. Method: Women with significant spider fear were randomized to three 30-minute sessions of exposure therapy involving repeated contact with a dirt mixture (n=17) or a waitlist control condition (n=17). Assessments of spider fear and disgust were administered at baseline and at one-week posttreatment. Results: At high (but not low) levels of pretreatment disgust propensity, exposure led to lower in vivo spider fear and perceived danger than waitlist, though exposure had no effects on spider-related disgust. Similar effects of exposure on spider fear were found at high levels of pretreatment spider-related disgust. Exposure also reduced fear and danger perceptions, but not disgust, related to a separate contamination assessment (touching a toilet). No effects of treatment were found on self-report measures of spider fear or disgust propensity. Conclusions: These findings suggest contamination-focused exposure therapy may be an effective transdiagnostic treatment strategy for individuals with elevated disgust propensity. Limitations and directions for future research are discussed.
Evaluation of the Farmers’ Markets for Kids programme
Authors: Dannefer Rachel , Bryan Erica , Osborne Alyce , Sacks Rachel
Published: July 2016

Objective

To assess the impact of Farmers’ Markets for Kids, a farmers’ market-based, child-oriented nutrition education programme, on attitudes and behaviours related to preparing and consuming produce among child participants and their caregivers in New York City (NYC).

Design

Retrospective pre-test/post-test cross-sectional survey with caregivers of children participating in Farmers’ Markets for Kids classes.

Setting

Four NYC farmers’ markets where Farmers’ Markets for Kids classes are implemented; these markets serve low-income communities.

Subjects

Two hundred and twelve adult caregivers of children who participated in Farmers’ Markets for Kids classes.

Results

Caregivers reported that children’s consumption of fruits and vegetables had increased since participating in Farmers’ Markets for Kids and that their children more frequently assisted with food preparation; both of these improvements were statistically significant. Caregivers also reported significant improvements in attitudes: since participating in Farmers’ Markets for Kids, their children were more willing to try new fruits and vegetables and caregivers found it easier to prepare fruits and vegetables for their children. Almost all respondents (99 %) reported purchasing more fruits and vegetables since participating in Farmers’ Markets for Kids and 95 % had prepared the programme’s recipes at home.

Conclusions

Findings suggest that Farmers’ Markets for Kids may be an effective approach for increasing produce consumption among participating children and improving related attitudes among children and caregivers. This evaluation provides support for future efforts to undertake more rigorous evaluations of such programmes.
IV. John Capodistrias and the Greeks Before 1821
Authors: Crawley C. W.
Published: July 2016

The career of John Capodistrias (1776–1831) is briefly described, and his personality is discussed, in every work which deals with the diplomatic history of Europe and of Russia during the second half of the reign of the Tsar Alexander I. Entering the Russian foreign service in 1809, he rose five years later to a leading position in it and retired, disappointed, to Switzerland in 1822. As President of Greece from March 1827 until his death in October 1831 he became a more central, and a still more controversial, figure in the history of that country; this period still has a special fascination for Greek writers, and much has been added in recent years to the number of published works, including more than one biography, several studies of one period or one aspect of his career and a host of books which, directly or indirectly, throw some light upon it. But the modern Greek language is a barrier to many readers outside Greece, and there has been no biographical study in a more ‘accessible’ language since K. Mendelssohn-Bartholdy's book, Graf Kapodistrias (1864) which was intended to be sympathetic but reflected strongly the outlook of a German liberal constitutionalist of that age. Much of the early writing about Capodistrias was also coloured by the fear and suspicion of Russia which prevailed in Western Europe in the half century after his death. No English writer seems to have been attracted to him except in relation to British foreign policy; the most detailed modern study in French, perhaps, is to be found in E. Driault and M. L'Héritier, Histoire diplomatique de la Grèce de 1821 à nos jours (in vols. 1–11, 1925–6); but this is confined, as the title shows, to the diplomatic side and, though valuable, is not free from some rash judgments.
I. The Tradition About Caligula
Authors: Charlesworth M. P.
Published: July 2016

On the death of Tiberius, Gaius Caesar, the son of the popular Germanicus, and often known in history by his nickname ofCaligula, was acclaimed by the Senate as ruler of the Roman Empire, amid scenes of universal rejoicing, on 18 March in the year 37. On 24 January in the year 41 he lay dead, a tyrant murdered by Cassius Chaerea and his confederates, while the consuls convened a meeting of the Senate, not in the Curia Julia, for the name had now such hateful associations, but on the Capitol, to discuss the restoration of the Republic. In the space of a little less than four years the young man—he was under twenty-five when he became Emperor—had so alienated men's minds from the system of Augustus that Senators were ready to consider the abolition of the Principate and the condemnation of the memory of the Caesars. Ignominy and ridicule have fastened upon his name ever since: the common view held was (put briefly) that Gaius was mad and bad, and went from bad to worse. The nineteenth century witnessed the activity of scholars who questioned the traditional account of all the Julio-Claudian emperors, by using the new knowledge offered by inscriptions or by analysing and criticising closely the account in the literary authorities.
III. Gambetta and the Revolution of 4 September 1870
Authors: Bury J. P. T.
Published: July 2016

The capitulation at Sedan was signed on the morning of 2 September 1870, and the news reached Palikao that same day. But the public as yet knew nothing; the reports received by ministers were conflicting, the details uncertain, and Palikao preferred to delay any announcement of disaster until it was confirmed officially and beyond a doubt. On the morning of the 3rd rumours began to circulate; telegrams arrived from Brussels and passengers from Belgium spread the tidings of a great defeat. At the session of the Corps Législatif in the afternoon Palikao made a statement: the attempted junction with Bazaine had failed, MacMahon had been forced to retreat to Mézières and Sedan and “perhaps even in small numbers on to Belgian territory.” This cautious admission prepared his audience for the worst. Such a statement from the reticent Palikao had an ominous significance, and when the Minister further confessed that no news or instructions had been received from the Emperor, Jules Favre declared that, since the government had in fact ceased to exist, all parties should in order to avoid confusion give place to a soldier who would undertake the defence of the nation. Everyone understood who was the soldier thus referred to by a member of the Left. It was clear that once the news of complete disaster was officially confirmed deposition would be demanded in the streets and formally proposed in the Chamber. That fearful confirmation was soon to come. Not long after the close of the afternoon sitting the Empress, who as yet knew nothing, received a laconic telegram: “The army is defeated and captive; I myself am prisoner. Napoleon.”
IV. Lord Augustus Loftus and the Eastern Crisis of 1875–1878
Authors: Sumner B. H.
Published: July 2016

During the Eastern crisis of 1875–8 it is currently accepted that England was represented at the two key capitals of St Petersburg and Vienna by two nonentities, in sharp contrast with Elliot and Layard at Constantinople, Lord Odo Russell at Berlin, and Lord Lyons at Paris. Disraeli's strictures are well known. To him Lord Augustus Loftus was “Pomposo,” “a mere Polonius,” “a mere Livadian parasite, and afraid even of G(orchakov)'s shadow.” “As for Buchanan, that is a hopeless case.… I… can testify that it is not age, which has enfeebled his intelligence or dimmed his powers. He was, and ever has been, a hopeless mediocrity.”
III. Quo Warranto Proceedings at Cambridge 1780–1790
Authors: Cam Helen
Published: July 2016

The revolution by which the municipal government of Cambridge was in the decade 1780-90 transformed from an oligarchy to a dictatorship has this in common with the Glorious Revolution of 1688, that it was made possible by the absence of a written constitution; but whereas it is impossible, as Maitland has said, by any stretch of ingenuity to make the Revolution of 1688-9 a perfectly legal act, the processes of constitutional change at Cambridge a century later were again and again submitted to the scrutiny of the courts. Indeed,Newlingv.Francis, the judgement in which finally established the right of the corporation to revise its own constitution, may be described as a leading case in the law of corporations.