bluuebunny/crossref_metadata_2025 huggingface dataset:
The Nature of the State: Democracy, Globalization, and Privatization
Authors: Fredman Sandra
Published: January 2009

This chapter rejects the argument that positive duties are inconsistent with democracy. A democratic system which aspires to full and equal participation requires positive input from the State to ensure both equality and genuine participation. Drawing on Habermas's work, it is demonstrated that this is true both in respect of fair interest bargaining and for deliberative democracy. Nor is it accepted that it is utopian to consider placing positive duties on the State in an era in which globalization and privatization are undermining the power of the State. It is argued that globalization is a means to advancing the human rights of citizens, and should not be seen as an end in itself. Globalization has itself created strong international structures, placing a series of duties on the State. These should include and ultimately be subordinate to human rights duties.
Justiciability and the Role of Courts
Authors: Fredman Sandra
Published: January 2009

This chapter assesses the view that to permit courts to adjudicate positive duties would allow courts to intrude illegitimately into the democratic process. It argues that positive duties should be justiciable to the extent that they promote participative democracy. Courts should not dictate choices to policy-makers. But they should require political decision-makers to justify publicly their choices in respect of implementation of human rights. Added to this duty of accountability is a judicial role in giving a voice to those who are necessarily marginalized in the political process, in ensuring that the material and social preconditions exist for full and equal participation, and ultimately in functioning as a catalyst for deliberative democracy.
Restructuring the Courts: Public Interest Litigation in the Indian Courts
Authors: Fredman Sandra
Published: January 2009

Even if courts can play a legitimate democratic role through positive human rights adjudication, they remain limited by their institutional structure, and particularly, the adversarial, passive, and retrospective nature of the litigation process. However, there is no reason why the process cannot be adapted. The most sophisticated set of adaptations has been undertaken by the Indian Supreme Court. By recognizing the inherent inequalities in the adversarial court system, the Court has adapted its processes so that the voices of the poor and disadvantaged can be heard. This entails a series of radical adaptations: widening standing to anyone litigating in the public interest; instituting court-initiated fact finding; issuing mandatory orders which give the Court ongoing supervisory powers, and monitoring the implementation of those orders. The chapter critically assesses the Court's role with a view to establishing a model for adapting the competences of courts to address socio-economic rights.
Descartes's first philosophy
Authors: Maddy Penelope
Published: January 2009

Second Philosophy is introduced as the theorizing of a particular sort of naturalistic inquirer, the Second Philosopher. Unlike other naturalists, she doesn't reject Descartes's Method of Doubt as ‘unscientific’; she takes him at his word that it will provide a way of improving and correcting her understanding of the world. Her disagreement comes in the implementation, where she thinks he hasn't provided good reasons for his claims.
Quine's naturalism
Authors: Maddy Penelope
Published: January 2009

The closest ancestor of Second Philosophy is Quine's naturalism. This chapter details the Second Philosopher's departures from Quinean orthodoxy: the Quinean chooses naturalism in response to the failures of first philosophy, the Second Philosopher simply begins in her characteristic ways; she doesn't share his empiricism leanings, e.g., in her modified approach to epistemology naturalized; her reactions to radical skepticism differ from his; and perhaps most dramatically, she rejects his holism. These differences ramify into the philosophy of logic, mathematics, and natural science in subsequent chapters.
Disquotation
Authors: Maddy Penelope
Published: January 2009

Returning to the debate itself, does a full account of how humans use language require a correspondence theory of truth and reference? This chapter argues that disquotationalism is fully up to the job of explaining how our language use succeeds in guiding our worldly actions — because our beliefs are good indicators of the facts (often not because they are true) — and also what happens when language is vague or non-factual or indeterminate. Indeed the second-philosophical disquotationalist's analysis of well-trod cases like Priestley's talk of ‘dephlogisticated air’ involve careful analyses of indications relations that run parallel to the detailed work of causal theorists of reference. Word-world relations are as central to her account of language use as they are to correspondence theories; it's just that she doesn't share the belief that, e.g., the facts about Priestley and the world determine whether or not a given one of his utterances refers to oxygen. For her, this is a matter of how we interpret him into our current language, and that may vary with the context and goals of the interpretation.
Correlation
Authors: Maddy Penelope
Published: January 2009

In his Wandering Significance, Wilson presents a complex and subtle account of how our concept words function in relation to the world, an account that can be seen as elaborating and extending the simple idea of an indication relation. The second-philosophical disquotationalist happily absorbs all this into her account of word-world correlations. Along the way, Wilson is hostile to disquotationalism in general, but his objections are to those who would use disquotationalism to avoid or denounce concrete word-world connections, not to the second-philosophical disquotationalist.
The logical structure of cognition
Authors: Maddy Penelope
Published: January 2009

This chapter draws heavily on recent work in developmental psychology to argue that humans infants, without instruction, given ordinary maturation in an normal environment, come to perceive a world of so-called Spelke objects (discrete, spatiotemoporally continuous items that undergo continuous motion) that enjoy properties, stand in relations, and exhibit ground-consequent dependencies. There is considerable evidence that humans enjoy these cognitive abilities due to evolutionary pressures. Thus, the Second Philosopher fine-tunes the last two components of her account to read: humans believe rudimentary logic because their cognitive apparatus allows them to detect KF-structures in the world, and humans are so-configured because they live in a largely KF-world and interact almost exclusively with its KF-features.
From rudimentary to classical logic
Authors: Maddy Penelope
Published: January 2009

Rudimentary logic falls short of classical logic in a number of ways. To bridge the gap, the Second Philosopher follows Frege and imposes a number of restrictions and idealizations: she treats only well-functioning language, where terms refer and paradoxical predicates don't arise; vagueness is idealized away with the assumption that all properties and relations have sharp boundaries; complex ground-consequent dependencies are replaced by a material conditional. Many deviant logics (free logic, logics of vagueness, relevance logic) are then straightforwardly understood as rejections of one or another of these simplifications. As with any scientific modeling, the question is whether or not those simplifications are effective and benign in a given application; these are the proper terms of debate between these deviant logicians and the classicist. Other deviant logics (intuitionism, quantum logic, dialetheism) go deeper, rejecting elements of rudimentary logic itself. The Second Philosopher finds no evidence that any of these are viable candidates for the underlying logic of the world.
Caveats
Authors: Maddy Penelope
Published: January 2009

This chapter summarizes the many empirical theories and methods involved in this second-philosophical account of logical truth: the KF-structuring of (much of) the world, the experimental paradigms underlying the research on infant and animal cognition, the treatment of mental representation, etc. All science is fallible, and any of these components might fail. This would be disheartening to a philosopher in search of certainty, but it is only to be expected by the Second Philosopher, who doesn't undertake to philosophize from a point of view more secure than that of science.
The Technologies of the 21st Century: Regulatory Challenge and Regulatory Opportunity
Authors: Brownsword Roger
Published: January 2009

This chapter begins with a discussion of the three elements that give the book its title: the sense of a ‘ technological revolution’; the idea of regulation (which will take us again to the contrast between technology as a regulatory target and as a regulatory tool); and the notion of rights (and, by implication, the threat to rights presented by the development of new technologies). An overview of the subsequent chapters is then presented.
The Challenge of Regulatory Legitimacy II
Authors: Brownsword Roger
Published: January 2009

This chapter begins by sketching how consent is viewed from a utilitarian, a human rights, and a dignitarian ethical perspective. Consent is then placed squarely within the rights perspective, and some of its more problematic aspects as they would be debated within a community of rights are considered. The justificatory force of consent and the issue of third-party authorization are reviewed. The relationship between inducements and consent, and the vexed question of ensuring that consent is properly informed are examined.
The Challenge of Regulatory Legitimacy III
Authors: Brownsword Roger
Published: January 2009

This chapter begins by examining the harm principle and the precautionary principle as candidate unproblematic regulative standards for pluralistic communities. It then considers how the ideas of harm and precaution might be interpreted in a community of rights (leading to the thought that, in such a community, it might come to be accepted that the state legitimately exercises a precautionary stewardship). Nanotechnology is used as a test-bed for the community's approach to risk (assessment and management) and to precautionary regulation. Finally, the chapter considers return to proceduralism — how it might function in a community of rights and then noting its limits where regulators face a divided ethical plurality.
The Challenge of Regulatory Connection
Authors: Brownsword Roger
Published: January 2009

This chapter begins with a discussion of the problem of disconnection (and the process of re-connection). It introduces three key distinctions: one between ‘descriptive’ and ‘normative’ disconnection, a second between ‘productive’ and ‘unproductive’ disconnection, and a third between ‘intelligent’ and ‘unintelligent’ purposive re-connection. It then reviews the way in which the English courts have recently responded to disconnection — with particular reference to the rapidly developing technologies of cell nuclear replacement (CNR), pre-implantation genetic diagnosis (PGD), and pre-implantation tissue-typing (PTT) — by seeking to reconnect the regulatory framework (namely, the Human Fertilisation and Embryology Act 1990). It is argued that where interpreters face a case that is not straightforwardly one of unproductive descriptive disconnection, there is a danger that reconnection effected through purposive interpretation might not only fall foul of the principle of congruence but also hinder the need for a reconsideration of the law.
Code and the Corrosion of Moral Community
Authors: Brownsword Roger
Published: January 2009

This chapter examines how and why the availability of choice matters for an aspirant moral community. Part One rehearses the contrast drawn in the previous chapter between a regime of total control (the West Coast) and a standard criminal justice regime (the East Coast). Part Two considers the temptation to move some way to the West, to make use of regulating technologies. Part Three considers a revised contrast in which the West Coast model is compared not with the typically ineffective East Coast model, but an East Coast community that fulfils the chaplain's aspirations, citizens doing the right thing for the right reason. The chapter then raises the question of whether the chaplain's view is compatible, first, with an East Coast commitment to human rights and individual freedom — a commitment that rejects the kind of cultural conservatism that is often articulated in the name of respect for human dignity — and, secondly, with scientific developments that cast doubt on the very idea of anyone having a ‘real choice’.
Regulating Technologies: Challenge and Opportunity
Authors: Brownsword Roger
Published: January 2009

This chapter places the discussion in this book in the context of an underlying agenda that addresses issues of regulation and technology in a context of global governance. Topics covered include the regulation of technology, regulatory design, and technology as a regulatory tool.
The Metaphysics of Hyperspace
Authors: Hudson Hud
Published: January 2009

This collection of chapters on metaphysics and philosophy of religion is organized around the theme of hyperspace. The book contains critical discussions and evaluations of some non-theistic reasons to believe in hyperspace in Chapter 1 (e.g., reasons arising from reflection on incongruent counterparts and fine-tuning arguments), of some theistic reasons in Chapter 7 (e.g., reasons arising from reflection on puzzles known as the problem of the best and the problem of evil), and of some distinctively Christian reasons in Chapter 8 (e.g., reasons arising from reflection on traditional Christian themes such as heaven and hell, the Garden of Eden, angels and demons, and new testament miracles). In the intervening chapters, the book provides critical discussions of a variety of puzzles in the metaphysics of material objects that are either generated by the hypothesis of hyperspace (e.g., the topics of mirror determinism and mirror incompatibilism) or else informed by the hypothesis of hyperspace (e.g., theories of receptacles, boundaries, contact, the four-color theorem, location and occupation relations, extended mereological simples, and superluminal motion).
5 Superluminal Motion and Superluminal Causation
Authors: Hudson Hud
Published: January 2009

This chapter shows that once one adopts certain principles of composition and decomposition, a popular view of persistence, and a highly-intuitive sufficient condition for motion, one can show that there are many material objects that move much faster than light. Whether this conflicts with Special Relativity depends on exactly what consequences we are permitted to draw from that theory, and this question is investigated at some length. Along the way, various restrictions on diachronic composition are proposed and rejected. Finally, five brief strategies for securing superluminal causation as well as superluminal motion are explored.
Minority Rights in China
Authors: Castellino Joshua , Redondo Elvira Domínguez
Published: January 2009

This chapter is divided into four sections. The first section seeks to provide a brief overview of the history of legal reforms in China, and underscore the changing attitude of the government to human rights. The second section identifies the groups considered minorities or ‘minority nationalities’ in China. The third section seeks to extrapolate principles of minority rights in Chinese law, drawing on the Chinese Constitution, the Law of the People's Republic of China on Regional National Autonomy, and from authoritative commentaries on the same. This is followed by various sub-sections focusing on policy and legislation over specific issues pertaining to minorities in China, such as education, religion, political participation, and economic development. The final section analyzes the remedies available and the challenges in making these effective.
Conclusion
Authors: Castellino Joshua , Redondo Elvira Domínguez
Published: January 2009

The concluding chapter reiterates some of the main arguments presented and comments on how minority rights regimes are evolving in the specific settings selected. It sets out nuances of principles that have emerged and continue to emerge, and seeks to briefly comment on the conceptual and structural difficulties that affect the practice of the protection of the mostly impoverished minorities in Asia. It offers a series of concrete recommendations and suggestions with a view to enhancing international cooperation on the subject of minority protection in Asia.
Behind Bars: Social Control in Licensed Premises
Authors: Hadfield Phil
Published: January 2009

The ability to control the behaviour of one's customers is essential to the successful operation of licensed premises. In exploring the constitution of and application of control, this chapter highlights a key conceptual deficiency of previous studies; namely, the tendency to focus upon individual elements of the security agenda such as venue design, managerial style, and the application of discretion by door staff. One issue that has been insufficiently explored is the extent to which controls are applied strategically and diffusely to manipulate the mood and behaviour of those customers who are granted entry. These controls are applied through aspects of music selection and presentation, drinks serving and pricing policies, niche marketing, and other aspects of routine operational practice. Following Goffman, such strategic interaction is analysed in terms of its co-produced elements — members of staff working together as a team to mould certain forms of social order.
Contesting Public Space
Authors: Hadfield Phil
Published: January 2009

Drawing from ethnographic work in seven British towns, this chapter documents the forms of criminality which are routinely played out in the public spaces of those areas devoted to night-time consumption. It draws on interviews with club managers, security staff, police, and city centre residents, and presents thick description of nights ‘on the town’. The chapter provides unique analyses of the challenges of frontline policing and presents a conceptual model which links the commercial homogeneity of the night-time high street to an erosion of social difference, a decline in civility, and an atrophy of informal social control. It cautions against apportioning all blame for night-time violence squarely on the young, predominantly male participants/combatants, and in calling for ‘zero tolerance’ policing. Long term solutions, it is argued, must encompass licensing and other governmental techniques to diversify the range of venues and clientele that occupy night-time leisure spaces.
Rose-coloured Spectacles Versus the Prophecies of Doom (the Shaping of Trial Discourse)
Authors: Hadfield Phil
Published: January 2009

This chapter presents detailed analyses of the ways in which specialist licensing barristers approach their work, constructing their cases in such a way as to best serve the interests of their clients. This involves dissection of the minutiae of legal argumentation from field notes, witness statements, and other legal documents relating to oral and written evidence in over 50 licensing hearings. This data is collated and organised to reveal what are termed ‘argument pools’, that is, sets of pre-established, yet fluid and constantly mutating, adversarial devices. These pools are shown to form the bases of a patterned and recurrent framing of legal and empirical evidential material, wherein each ‘side’ presents a version of the ‘truth’ that is both ‘scripted’ and partial.
Notes from the Frontline: Licensing and the Courts
Authors: Hadfield Phil
Published: January 2009

Licensing trials and their outcomes exert huge influence over the shaping of crime control strategies for the night-time economy at a local, regional, and national level. This chapter highlights the performativity of the law and of the courtroom settings that form the designated contexts for the settling of disputes between regulator and regulated, public and private sector, and corporate interests and local communities. It reveals the differential and unequal resources available to participants and how a witness's credibility may be variously bolstered or demolished through live cross examination. Courtroom battles are shown to bind regulatory adjudication — and thus the shaping of the night-time city — to a constricting and in many ways perverse adversarial frame of action in which truth or falsity becomes secondary to notions of winning and losing.
Paul Samuelson and the Stability of General Equilibrium
Authors: Fisher Franklin M.
Published: January 2009

This chapter draws attention to the topic of stability in the 21st century, for it has not yet reached a ‘satisfactory’ conclusion. When rummaging into the equations of a theory — be it simple supply and demand equation — one always wants to know its stability properties in order to know the predictive power of models for scientific appraisals. Samuelson likened stability behavior to the soul and mind of business. It encompasses both statics and dynamics analyses, that is, instantaneous or timeless determination of economic variables by mutually interdependent relations. There is a formal dependence between comparative statics and dynamics, namely, the Correspondence Principle. Stability concerns are here to stay. All models of reality call upon them to assess their compatibility. Samuelson has grounded stability in dynamics, which is promising for the 21st century economics.
Protection and Real Wages: The Stolper–Samuelson Theorem
Authors: McCulloch Rachel
Published: January 2009

This chapter examines the Stolper–Samuelson's Theorem under varying conditions and assumptions. Using a previous reformulation of the theorem, it demonstrates that when the relative prices for labor-intensive goods fall, real wages decline in that sector, and the returns to other factors increase, resulting in a redistribution effect. The model had been robust in its predictions. When the number of goods and factors is increased, at least one factor is likely to gain or lose. The model is relevant for modern policies such as the Trade Adjustment Assistance and Unemployment Insurance Programs that assist distressed industries, where compensation can make a difference for individuals or firms that are hurt from free trade. The model is also relevant in the political arena where owners of factors vote or lobby. It has shown strength in explaining patterns of protection across countries.
Multipliers and the LeChatelier Principle
Authors: Milgrom Paul
Published: January 2009

This chapter examines Samuelson's Le Chatelier principle of how the market responds to a change in parameters of demand and supply curves. It uses examples in demand theory, economic policy, and empirical research to illustrate the principle. It also stresses the flexibility of the principle to adapt to changing assumptions. Changes from the optimizing agents to equilibrium systems whose primary use is to provide a foundation for understanding multipliers are observed. The chapter evaluates the performance of the principle performed when confronted with local optimization problems as in production function settings, and in positive feedbacks systems as in gaming situations. The principle is found progressive in that it is able to capitalize on symmetric relations among substitutes and complements. In that regard, the principle has extended research into multiplier analysis, a research area that will continue into the 21st century.
The Surprising Ubiquity of the Samuelson Configuration: Paul Samuelson and the Natural Sciences
Authors: Cooper James B. , Russell Thomas
Published: January 2009

This chapter appraises one aspect of how Samuelson adopted the methods of physics for economics. Samuelson is considered a leader in adopting the concepts of optimization with constraints to economics. The chapter grasps the source of this principle in the little used and obscure writings of the physicist James Clerk Maxwell. It prices Samuelson from the angles of physics and mathematics. Samuelson reasoned in terms of physical axioms and their order. In economic analysis, the terms ‘price’ and ‘quantity’ are used to replace such concepts as ‘pressure’ and ‘volume’ from physics. From the area of classical mechanics, Samuelson borrowed the law of conservation of (mechanical) energy. This conservation model has been a workhorse in modern economics in optimization problems, and shows no sign of weakening in the 21st century.
Paul Samuelson's Mach
Authors: Cross Rod
Published: January 2009

This final chapter analyzes Samuelson's methodology through the work of the physicist, psychologist, and philosopher Ernst Mach, categorizing Mach's thoughts with a big ‘M’. Thoughts of Mach range from sensory observation to phenomenology, including other disciplines such as psychology to the extent that such disciplinary thoughts are in harmony with the stability of the concept. The chapter ventures that Samuelson's methodology arises from the consideration of many views of science. Faced with a blurred distinction between facts and theory, which highlighted by Orman Quine, and the argument that economics deals with the world of social phenomena, Samuelson maintains firm feet in reality, letting the facts tell their story. Samuelson also acknowledges that new thoughts such as Thomas Kuhn's paradigm regarding the notions of cumulative knowledge, and incommensurability contribute to the theory of science. He accepted that facts are numerous and therefore must be carefully sampled for their economy. Yet Samuelson maintains that we should be able to tell the ‘how’ and the ‘why’ of things and phenomena of the economic world.
The Advocate General and EC Law
Authors: Burrows Noreen , Greaves Rosa
Published: January 2009

The prominence of the Advocate General is one of the most distinctive and controversial features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of the Advocate General and his role in the development of EC Law. In Part I, the book examines the history of the role, the questions over its future, and the role's importance in the procedures of the Court. In Part II, the book analyses the contribution of some of the most influential Advocates General to the development of specific aspects of Community law, including Francis Jacobs on intellectual property, Walter van Gerven on discrimination, and Jean Pierre Warner on competition procedure. In Part III, the book explores the contributions of a range of Advocates General to specific principles of Community Law, including state liability, direct effect, and the concept of citizenship. This book offers a unique perspective on politics of the European Court of Justice — one of the driving forces behind closer European integration.
The Advocates General and the concept of citizenship
Authors: Burrows Noreen
Published: January 2009

This chapter asks whether the Advocates General have been instrumental in persuading the Court to interpret the citizenship provisions of the Treaty in a more radical way than previously thought possible. Or, have the Advocates General sought to act as a restraining influence, reminding the Court of the difficult genesis of these provisions and the reluctance of Member States to agree to any but the most skeletal of provisions? The chapter examines some cases in which the Court was asked to interpret Articles 17 and 18 EC3, seeking to examine what influence Advocates General had on the Court. It argues that it is possible for an Advocate General to have a major impact on the thinking of the Court in a particular area of Community law. It concludes the Advocate General can assist the Court best when he is able to take existing authorities and apply them logically, clearly and succinctly to the questions referred to the Court by the national judge.
Fractured Families: The Perils and Possibilities of Atlantic Distance
Authors: Pearsall Sarah M. S.
Published: January 2009

This chapter provides general background for the many reasons families experienced Atlantic distance in the 18th century, including the increased importance of the colonies, economic growth, migration, slavery, war, and revolution. These factors all separated families and caused concerns, not simply for the families involved but for the larger culture as a whole. Anxieties about the family and the fragility of its bonds in this period in part reflect these larger societal and economic shifts, as well as concerns relating to family disorder such as illegitimacy and adultery. The chapter demonstrates how these anxieties were crystallized in the divorce case of Esten v. the Duke of Hamilton. It also tracks rising literacy and letter writing, and explicates a prominent metaphor in letters: ‘launching into the ocean of the world’.
Credit in Life and Letters
Authors: Pearsall Sarah M. S.
Published: January 2009

This chapter examines the ways that credit was a value also inculcated by families. Credit and debt were critical to the Atlantic economy, and fathers in particular were uncomfortably aware of this fact. They thus sought to create ‘men of credit’ out of sons especially. The profound loss of credit, in the form of ruin, was a specter that haunted families, communities, and nations. Letter writers, men and women, measured each other's credit, in domestic and economic terms, as much through their letters as through their behavior. They thus inculcated values of fair exchange and keeping in credit. Fathers also used their letters to mold their sons so as to avoid ruin in a perilous Atlantic economy.
The Farewell Between Husband and Wife: The Politics of Family Feeling
Authors: Pearsall Sarah M. S.
Published: January 2009

This chapter attends to the separation of a husband and a wife during and immediately after the American Revolution, considering what attended those moments when the ‘silken cords’ of marriage were stretched by distance and disorder. Concentrating on New England (especially Newport, Rhode Island) and England, it seeks to answer the question of why a husband did not return to his wife at the war's end, and what this meant. Women in such circumstances could obtain a kind of limited leverage from eloquent sensibility. Charges of unfeelingness, an important domestic claim, could also take on additional political meaning in wartime situations. At the same time, claims of ‘family feeling’ could also be put in service of some rather dubious political and domestic choices.
The Old Husband and the Young Wife: Scandal, Feeling, and Distance
Authors: Pearsall Sarah M. S.
Published: January 2009

This chapter investigates a scandal in a family, examining why a cuckolded ‘old husband,’ a rich West Indian planter, was willing to offer forgiveness to his adulterous wife (who had slept with her own stepson-in-law, an Anglican clergyman). It raises issues about the lives of families divided between Jamaica and England, focusing on their wealth, ambitions, and sexuality, and the complicated ways in which distance between family members created both crises and the solutions to them. It also exposes how a man defined good fatherhood. The chapter scrutinizes white women's and even slaves' abilities to deploy eloquent sensibility, and the limits of this language. It also traces how Atlantic distance could both undermine and make possible ‘family feeling’.
Conclusion
Authors: Pearsall Sarah M. S.
Published: January 2009

This concluding chapter briefly surveys the central themes and arguments of the book. It also revises notions of ‘self-fashioning’ and the alleged emergence of the modern self in the 18th century. ‘Self-fashioning’ worked in tandem with fashioning others, in ways both strategic and internalized. Understanding the nebulous origins of the modern self requires first understanding what had to be stripped away, at least partially, to make room for that self: chief among these attenuated entities was the family. The rise of independent selfhood generated a host of anxieties about social connections of all sorts. Many used letters to remain attached and to alleviate the painful uncertainties they faced. The conclusion also calls for greater attention to the family in this period.
Targeted Killing in Contemporary Legal Doctrine
Authors: Melzer Nils
Published: January 2009

This chapter discusses the contemporary legal doctrine with regard to State-sponsored targeted killings. It identifies three different debates regarding the issue. The first, and most recent discussion is concerned with the international lawfulness of the respective policies of targeted killing adopted by States such as Israel, the United States, Pakistan, and Russia in their current counter-terrorism campaigns. The second involves primarily American writers and focuses on the concept of ‘assassination’ under international and US domestic law. The third, geographically fragmentalized, discussion addresses the permissibility of ‘shoot-to-kill’ policies under the law enforcement standards of the respective domestic legislations.
Epilogue: Targeted Killing and the Rule of Law
Authors: Melzer Nils
Published: January 2009

This chapter discusses the three requirements that must be met to ensure that that the resort by States to the method of targeted killing remains subject to the rule of law. First, it must be ascertained that international law provides clear and binding normative standards allowing the objective determination of the lawfulness of concrete targeted killings (normative requirement). Second, the rule of law requires that the observance of such normative standards be effectively ensured in practice (procedural requirement). Third, in order for the applicable normative standards to be perceived as legitimate, it must be ensured that they accurately reflect the values prevailing in the societies which they are designed to govern (moral basis).
Introduction
Authors: Aranson Igor S. , Tsimring Lev S.
Published: January 2009

This chapter contains introductory remarks and a brief discussion of fundamental challenges in the field of pattern formation in granular media. It also discusses the structure and organization of the book and its main focus.
Main theoretical concepts and tools
Authors: Aranson Igor S. , Tsimring Lev S.
Published: January 2009

This chapter introduces the main theoretical approaches and models employed in the physics of granular media, such as the kinetic theory of diluted granular gases, various methods of molecular dynamics simulations (event driven, soft particles, contact dynamics), order parameter phase-field models, depth-averaged and two-phase models of dense flows, and a variety of other phenomenological theories.
Phase transitions, clustering, and coarsening in granular gases
Authors: Aranson Igor S. , Tsimring Lev S.
Published: January 2009

This chapter discusses theoretical approaches to modeling patterns that emerge in dilute granular systems with or without external excitation. It begins with the simplest possible realization of such a system: a freely cooling granular gas. It is shown that this system exhibits complicated dynamics as it loses energy via inelastic collisions, including clustering and inelastic collapse. Similar instabilities also occur in driven granular gases. The most common experimental realization of driven granular gases has been in vertically vibrated granular sub-monolayers. At sufficiently high frequency of vibrations, the vibrating surface is qualitatively similar to a thermal bath supplying kinetic energy to the particles. Experiments show that despite of spatially-uniform energy injection (heating), the grains separate in dilute gas and a dense (sometimes even crystalline) cluster with distinctly different temperatures. The chapter also describes the bistability leading to the formation and coarsening of dense clusters in such systems.
Patterns in granular segregation
Authors: Aranson Igor S. , Tsimring Lev S.
Published: January 2009

This chapter contains an overview of experiments and theories on segregation occurring in heterogeneous granular materials. One of the most fascinating features of heterogeneous (i.e., consisting of different distinct components) granular materials is their tendency to segregate under external agitation rather than to mix, as one would expect from the naive entropy consideration. Various basic segregation mechanisms (e.g., entropic segregations, kinetic sieving, granular convection, condensation, etc.) and various experimental manifestations of granular segregation (e.g., granular stratification in surface flows, radial and axial segregation in rotating drums and related theoretical concepts, including discrete cellular automata and continuum phenomenological models) are discussed.
Externalist Cases and Internalist Theory
Authors: Mendola Joseph
Published: January 2009

The dominant roots of externalism are the Twin Earth and Elm-Beech cases of Hilary Putnam, the Arthritis case of Tyler Burge, and the Feynman-Gell-Mann, Gödel-Schmidt, and Aristotle cases of Saul Kripke. This chapter sketches a general internalist response to these cases, deploying a certain sort of rigidification of description clusters. It isolates the three central intuitive difficulties of such a view: the belief-ascription objection, the multiple-contents objection, and the subject-matter objection.
The Reception Process in Russia and Ukraine
Authors: Nußberger Angelika
Published: January 2009

This chapter discusses the reception of the ECHR in Russian and Ukraine. Topics covered include the accession and ratification of the ECHR in both countries, the status of ECHR in national law, an overview of the activity of the Court, and the Court's case law and its effect on the national legal order. Despite the similar starting point for the reception of the ECHR in Russia and Ukraine, the later developments are marked by numerous divergences. The development in Russia, after a period of instability in the 1990s, led to the reestablishment of a more authoritarian rule under President Putin. Internally, Russia is struggling with the consequences of the war in Chechnya, but externally it takes a leading role in world politics and, with newly acquired self-confidence, starts to close the doors for criticism from abroad. In contrast, the transitory period in Ukraine continues.
The Minimal Absolutist Approach II: Arguments for an Absolute Prohibition on Torture
Authors: Ginbar Yuval
Published: January 2009

This chapter provides arguments for a minimal absolutist prohibition on torture. Logically, once anti-absolutism is rejected, torture must be prohibited absolutely, as it contains the worst acts one person can possibly inflict on another. Some examples are used to illustrate the depth of inhumanity to which, it is argued, those who justify torture in a ticking bomb situation must be prepared to sink. To become a torturer, a person must suppress all compassion and self-regard, and become instead a calculating pain-inflicting machine. The torture-justifying morality is incapable of supplying reasons not to torture the terrorist's child to ensure his compliance. Nor would the terrorist's potential innocent civilians be safe from calculations by torture-justifiers that their death would prevent a more costly attack and thus must not be prevented. In contrast, a minimal absolutist view would oppose anyone becoming a victim of torture or of terrorism.
Is there a ‘Public Morality’ that is Distinct from ‘Private Morality’?
Authors: Ginbar Yuval
Published: January 2009

This chapter considers whether there is, in extreme situations, a ‘public morality’ that is distinct from ‘private morality’ and its implications on the ‘ticking bomb’ debate, including a discussion of the ‘dirty hands’ dilemma. Theorists have argued that there are differences between action in the private and public spheres relating to representation, numbers, impersonality and impartiality, violence and consequences. However, those justifying torture in a ticking bomb situation have relied on general consequentialist arguments rather than limiting them to the public sphere or to officials. The effects of torture by officials would nevertheless be much more extensive than if inflicted by a private individual, and officials have a positive duty to protect the population. Theorists have argued that in the real world citizens must limit the powers of leaders, including by absolute prohibitions based on general moral grounds.
The ‘Torture Warrants’ Model
Authors: Ginbar Yuval
Published: January 2009

This chapter describes and analyzes the theoretical ‘torture warrants’ model, according to which judges would issue warrants for torture in ticking bomb situations in the same way that they issue search warrants. The model would be based on principles of issuance by an independent authority, specific authorization, and reasonableness. However, procedures for issuing search warrants are administrative, or quasi-judicial, and ex parte, affording few of the safeguards that courts can offer. Search warrants tend to be issued unquestioningly in the overwhelming majority of cases in the two states examined — Israel and the USA. A properly-issued warrant grants the officials concerned immunity from prosecution, entailing impunity for all officials torturing in good faith. Israel's Supreme Court in effect issued ‘torture warrants’ during the Landau years, consistently allowing torture (‘physical methods’, etc.) whenever the State insisted that there was need for it.
Part III—Conclusions
Authors: Ginbar Yuval
Published: January 2009

This chapter concludes Part III, which examines four models of legalized torture. Neither Israel nor the USA have succeeded in limiting torture to ticking bomb situations (or to high value detainees), although both states have refined their models in an effort to do so. Both states claim, probably rightly in some specific cases, that torturing (not so named) has thwarted terrorist attacks and saved lives. Neither, however, has claimed to have thereby put an end to such attacks, and the counterclaim that torture has overall done more harm than good, including in terms of human lives, cannot easily be refuted. Other conclusions are to be drawn following the discussion of salient legal issues arising from the models, in Part IV.
The ‘Defence of Necessity’ as Legal Grounds for Torture
Authors: Ginbar Yuval
Published: January 2009

This chapter analyzes national and international legal materials to consider the viability of the ‘defence of necessity’ (DoN) as legal grounds for torturing in a ticking bomb situation. As the chapter explains, in order to provide such grounds the DoN would have to be shown as constituting, at least potentially, an uncapped ‘choice of evils’ justificatory defence. While there is a narrow theoretical scope for interpreting the DoN in England and the USA as having these characteristics, German and other legal systems ‘cap’ it, placing absolute restraints on ‘lesser evil’ calculations. Exempting torturing interrogators from criminal liability using the DoN violates states' international legal obligations to prevent and punish torture. In international criminal law, including the Rome Statute of the International Criminal Court, the ‘defence of necessity’ is conflated with that of duress, and its availability is closely linked to the unavailability of justifications for acts such as torture.
The Nightmare and the Noble Dream: Hart and Honoré on Causation and Responsibility
Authors: Wright Richard W
Published: January 2009

This chapter argues that Hart and Honoré went astray in thinking that all the basic principles for attributing legal responsibility are principles of causation. It upbraids them for running together principles of causal attribution with principles of moral attribution.
Are ThereStillAny Natural Rights?
Authors: Steiner Hillel
Published: January 2009

This chapter considers various factors that may have led Hart to dissociate himself from his renowned 1955 essay on natural rights. It concludes that neither Hart's subsequent doubts about the Will Theory of rights nor the difficulties of deriving certain rights from the one natural right championed in the 1955 essay can account for Hart's apparent repudiation of that essay.
The Analysis of Rights
Authors: Wenar Leif
Published: January 2009

This chapter argues that neither of the two principal theories of rights — the Interest Theory and the Will Theory — can adequately account for all rights. It proposes instead a theory that ascribes multiple functions to rights.
Private Faces in Public Places
Authors: Mendus Susan
Published: January 2009

This chapter suggests that an investigation of some aspects of Hart's private life (as disclosed in the recent biography of Hart by Nicola Lacey) can illuminate some of his arguments and positions on broad matters of political philosophy. The potential for such illumination calls into question the view that philosophical argumentation should be assessed in abstraction from the personal circumstances in which it was produced.
Hart and the Liberalism of Fear
Authors: Ryan Alan
Published: January 2009

This chapter explores Hart's debate with Lord Devlin over the legal regulation of homosexuality — a debate largely sparked by the publication of the Wolfenden Report in 1957. It observes that Hart's esteem for the valuable functions of law was coupled with a recognition of law's dangers, and that Hart upheld the liberal ideals of John Stuart Mill by insisting that the proper role of government is to allow individuals to pursue multifarious objectives and ways of life.
2 Chronological Systems
Authors: Mosshammer Alden A.
Published: January 2009

The standard chronological reference in many ancient cities was the eponymous year—the name of the chief magistrate who served during that year. Some ancient historians also dated by reference to a numbered Olympiad, beginning with the first Olympic observance, traditionally dated to the summer of 776 BC. Where kings ruled, it was customary to number the years of the monarch. Numbering the years from the foundation of a city or an epochal date in its history was also common. A system of numbering the years by reference to a 15‐year period known as the Indiction, with a base‐date in AD 312/13 emerged in the eastern Empire. Some Christian writers numbered the years from the Creation of the cosmos, others from the Passion of Jesus. Each city had its own calendar, with different names for the month and a different point for the beginning of the year.
5 The Structure of the 19‐Year Cycle
Authors: Mosshammer Alden A.
Published: January 2009

The Easter‐table of Dionysius Exiguus is organized with eight columns of data: (1) years of the Lord, (2) a number from 1 to 15 for the Indiction; (3) the age. (epact) of the moon; (4) a number (concurrent) from 1 to 7 for the day of the week; (5) a number from 1 to 19 for the circuit of the moon; (6) the date of the Pasehal 14th day of the moon; (7) the dateof Easter Sunday; (8) the age of the moon on that Sunday. This chapter explains the mathematical basis for each column as deriving from the Alexandrian calendar. Column 5, however, serves no apparent purpose for Easter calculations. Its origin has been the subject of scholarly discussion since the time of Bede.
7 The 8‐Year Cycle and the Invention of the Epacts
Authors: Mosshammer Alden A.
Published: January 2009

Eusebius attributes to Dionysius of Alexandria (249–65) both the earliest known assertion of a rule that Easter can be observed only after the equinox and the use of an eight‐year cycle (octaeteris) for Paschal calculations. The Coptic tradition, however, remembers Demetrius of Alexandria (189–232) as ‘the inventor of the epacts’ and Ethiopic texts attribute to him a Paschal computus beginning in AD 214. The earliest extant Paschal cycle is a 112‐year period attributed to Hippolytus, beginning with the full moon of 13 April in AD 222. The cycle of Hippolytus is based on the octaëteris and probably represents the adaptation of the cycle of Demetrius to the Roman calendar. Another 112‐year cycle is extant, composed in 243, but beginning with the full moon of 1 April in the year 242. Its authorship and provenance are unknown.