bluuebunny/crossref_metadata_2025 huggingface dataset:
Transnational Criminology and the Globalization of Harm Production
Authors: Bowling Ben
Published: October 2011

This chapter first considers the emergence of ‘transnational criminology’ — a rapidly developing field that sets out specifically to understand crime and justice beyond national boundaries and, in some instances, to contribute to supranational criminal justice policies. It then turns to the idea of ‘criminal iatrogenesis’: the harmful results of well-intentioned crime control practices. In doing this, the chapter looks in detail at the criminalization of psychotropic drugs as one example among many of how harm-producing crime control models have been exported transnationally even while failing domestically. The final substantive section examines a series of mass murders in Guyana, which provide a vivid illustration of criminal iatrogenesis rooted in the systemic effects of drug prohibition as well as the problems of attempting to understand crime from a transnational and comparative perspective. The chapter concludes with some reflections on the practice of harm production for an emerging global criminology.
Criminology as Invention
Authors: Sherman Lawrence W.
Published: October 2011

Criminology was invented as a new way of reducing human suffering. If an invention is a ‘new design for doing something’, the ‘something’ criminology was designed for was less crime and injustice. Criminology has been most successful in producing those results when it has focused on inventing and testing new laws, institutions, and social practices for dealing with crime. This chapter attempts to persuade both current and potential criminologists to use criminology for invention, as well as for building the basic science of crime.
Criminology, Bureaucracy, and Unfinished Business
Authors: O'Donnell Ian
Published: October 2011

The imprisonment rate in the Republic of Ireland is among the lowest in the developed world. It stood at 76 per 100,000 population in 2007 compared with 153 for England and Wales and 756 for the United States. This is despite an avowed political commitment to penal expansionism and the existence of a judicial bias towards custody. How can this paradoxical state of affairs be explained? This chapter argues that the lack of capacity for criminal justice policy formulation, implementation, and evaluation together with the lack of criminological expertise and the unformed nature of the discourse may, in concert, have beneficial consequences, acting as bulwarks against a punitive shift. Clientelist politics are another restraining force, chipping away at the capability of government to deliver change and blunting the effect of new initiatives. External factors are important too. This is why the most ambitious prison-building programme in the history of the state became a priority when the economy was booming but was shelved when Ireland tumbled into recession.
9 Justifications and Excuses in International Criminal Law: An Assessment of the Case-law of the ICTY
Authors: Wilt Harmen van der
Published: October 2011

This chapter explores the question of how defences, purporting to deny criminal responsibility, work out in international criminal law. Taking the case law of the ICTY as frame of reference, it demonstrates that international criminal tribunals have shown at least some sensitivity to the fact that soldiers are exposed to extremely tense situations. A parameter that also tends to influence the assessment of defences is the fact that in armed conflicts individuals cannot completely be separated from the collective they are part of. In view of the high stakes involved, the chapter concludes that justifications will hardly ever be accepted. Given the incommensurateness between frail human beings and extreme conditions of war fare, excuses are more likely to persuade the courts.
11 Proportional Sentences at the ICTY
Authors: Ohlin Jens David
Published: October 2011

Sentences handed down at the ICTY have generally been lower than sentences handed down by the ICTR or by many domestic penal systems punishing individuals for domestic crimes. This chapter diagnoses this situation and concludes that the situation stems from a conflict between two different ideas of proportionality: defendant-relative proportionality and offence gravity proportionality. Although bearing some similarity to the categories first used by A. V. Hirsch, the categories are used to different effect in this chapter. Defendant-relative proportionality insists that defendants with a greater degree of culpability should receive a longer prison sentence compared with defendants with lower culpability, while offence gravity proportionality insists that each defendant should receive punishment that adequate accords with the gravity of the offence. These two senses of proportionality come into conflict at the ICTY when the only way to preserve defendant-relative proportionality is to scale down the punishment of those who are less culpable — a result which conflicts with offence gravity proportionality. The ICTY sentencing jurisprudence has fallen victim to this dilemma. Offence gravity proportionality is normatively prior and that a tribunal — like the ICTY — faced with sacrificing one over the other ought to prioritize offence gravity proportionality. The warrant for this conclusion is that the harsh treatment associated with offence gravity proportionality vindicates the Rule of Law by providing a hypothetical war criminal with a maxim for action (in the Kantian sense) that makes compliance with the law rational.
Subjective Probability and Statistical Physics
Authors: Uffink Jos
Published: October 2011

This chapter examines subjectivist interpretations of probabilities in statistical physics. It provides an introduction to subjectivism about probabilities and its main tenets by tracing its history, ranging from Bernoulli up to Ramsey and de Finetti. The chapter also analyzes foundational work in statistical physics by Maxwell and Boltzmann and finds that, at a surface level, subjective probabilities were often rejected. However, some assumptions in statistical physics are better understood if the probabilities are taken as subjective. From a systematic point of view, the chapter argues that subjectivism provides a viable interpretation of probabilities in statistical mechanics. However, claims to the effect that subjectivism can overcome problems with more objectivist interpretations are rejected. In particular, Jaynes' argument for the Second Law of Thermodynamics is found wanting.
Aspects of Probability in Quantum Theory
Authors: Dickson Michael
Published: October 2011

This chapter elucidates quantum probabilities in the formal apparatus of quantum mechanics, while not taking sides about interpretive issues. A central contention is that the notion of a probability measure should not be captured in the usual classical framework, but instead in the more general framework of effect algebras. Two formulations of quantum mechanics in this framework are provided: one using projection-valued measures, another using positive-operator-valued measures. The chapter presents several versions of the Born Rule and critically examines justifications that have been proposed for the Born Rule. The chapter concludes with laying down the perennial puzzles about probability in quantum mechanics such as quantum correlations.
Three Roads to Objective Probability
Authors: Maudlin Tim
Published: October 2011

This chapter considers three ways in which probabilities may be derived from a physical theory without adverting to subjective considerations. The first derives from a fundamentally stochastic dynamics that implies transition chances at the level of natural law. The second is a Humean approach, in which probabilities are deployed as part of a compact system for conveying information about the structure of the Humean mosaic, i.e. the distribution of local physical quantities in space-time. The last employs either deterministic or stochastic dynamics together with a measure of typicality, i.e. a measure of sets of initial conditions that count as extremely large. Probabilities emerge in this setting as typical frequencies, that is, frequencies exhibited by most initial conditions.
Probability out of Determinism
Authors: Strevens Michael
Published: October 2011

This chapter offers an account of objective physical probability in deterministic systems. The account is based on an approach to the explanation of probabilistic patterns in deterministic systems called the method of arbitrary functions. This method is appealing, as it promises to provide an account of physical probability on which probability assignments have the ability to support counterfactuals about frequencies. It is argued that the eponymous arbitrary functions are of little philosophical use, but that they can be substituted for facts about frequencies without losing the ability to provide counterfactual support. The result is an account of probability that has a ‘propensity-like’ look and feel. Yet it requires no supplement to the standard modern empiricist toolkit of particular matters of fact and principles of physical dynamics.
Reason in Action
Authors: Finnis John
Published: October 2011

This book collects nineteen published and unpublished works presented here as chapters on practical reason. The first nine date from 1970 through to 2008. They include extended critiques of Hume's thesis that reason, being the slave of the passions, concerns means, not ultimate or intrinsically desirable and intelligible ends; of Christine Korsgaard's Kantian development of her successful critique of Hume; of Jürgen Habermas's theory of discourse ethics; of Bernard Williams's semi-Nietzschean theory of truth and its value; of Matthew Kramer's attempted refutation of the chapter showing the self-refutation of scepticism about the value of truth; and of the theories of value or ethics proposed by Philippa Foot, Jacques Maritain, Bernard Lonergan, and others. Part Two groups together critiques of standard accounts of Aristotle's theory of action's ultimate point; of Terence Irwin's puzzlement about whether prudentia (practical reasonableness) extends to the identification and acknowledgement of ends; of Leo Strauss's denial of exceptionless moral norms; and of the accounts of legal reasoning offered by Economic Analysis of Law, by Critical Legal Studies, and by Ronald Dworkin. Part Three begins with a wide-ranging study of commensurability and incommensurability in practical reasoning. Then, after a critique of John Rawls's theory of public reason, the book ends with three early chapters on freedom of speech, with particular but by no means exclusive focus on issues related to pornography and literary-aesthetic distance.
The Priority of Persons
Authors: Finnis John
Published: October 2011

This chapter gives general accounts of law's need to reintroduce the rather forgotten topic of what it is to be a person, why it matters that we thus are all each other's equal in that fundamental respect, and how being a person is related to meaning and intending. Roman law's concern with persons and equality is recalled, and Dworkin's replacement of ‘person’ with ‘citizen’ in many contexts is noted. Rules, especially of law, are to be understood as relationships between persons in the past (as rule-makers), the present (as rule-subjects and interpreters), and the future as participants in the common good for the sake of which law is made and maintained. Kelsen's turning aside from the reality of persons is shown to have bad effects in adjudication, analogous to the failure of interpretative method in Dred Scott v Sandford (1857). Hart's analysis of corporations, recent judicial explanations of the meaning of parties to transactions and makers of documents, the reality of soul or spirit, and the metaphysics of discourse are all considered.
Anscombe on Spirit and Intention
Authors: Finnis John
Published: October 2011

This chapter presents a 2009 essay which reviews posthumously published papers of Elizabeth Anscombe. It draws attention to her energetic affirmation and explanatory illustration of the reality of human soul and the spiritual (as well as bodily) nature of human life. It extends and is extended by the remarks on her treatment (and Wittgenstein's) of this volume's Introduction. It also critiques Simon Blackburn's understanding of Anscombe's ‘Modern Moral Philosophy’, and her own treatment of intention in her works on morality (as distinct from her great book Intention).
Persons and Their Associations
Authors: Finnis John
Published: October 2011

This chapter contains the text of a 1989 response to Roger Scruton's philosophical paper ‘Corporate Persons’ (summarized in the endnote) emphasizes that the paradigm of personhood is the persisting and organic unity, identity and wholeness of human individuals. This is epistemologically prior to corporate personality or group identity, which is well accounted for by Aquinas in terms of group action, which in turn is to be understood by reference to proposals for action that are held out to members of the group as a plan for coordinating their acts as participation in the group's act(s). The impossibility of setting up a nuclear deterrent as a group bluff (even if the President who would activate it is bluffing) is again underlined.
Intention in Tort Law
Authors: Finnis John
Published: October 2011

What is intention? Why is it morally significant? Why and how is intent to harm a per se wrong-making factor in any conduct? The answers depend on distinguishing intent from desire, behaviour from action, and intended upshot from (even welcome) side effect. Intention is the adopting of a proposal shaped in deliberation and preferred to any available alternative proposal (option), and includes (only) everything included, whether as end or as means, in the proposal. All this is traced through examination of leading doctrines and cases in the Anglo-American law of torts. Special attention is given to the mantrap cases, and to Richard Posner's, in his Economic Analysis of Law, mishandling of them. Also to the famous English cases of Bradford v Pickles (1895) and Allen v Flood (1898), and to the different course taken in American law (e.g., Tuttle v Buck (1909)). An endnote updates the examination of the doctrine that intent to harm (malice) does not render otherwise lawful conduct tortuous, by reference to OBG v Allan (2007).
Human Rights and Common Good
Authors: Finnis John
Published: October 2011

This volume collects twenty-two published and unpublished chapters on a variety of topics related directly to human rights, justice, and the common good. The first nine date from 1970 through to 2007. They begin with a study — in dialectic with Dworkin's earlier lecture on the same themes — of the bearing of contemporary legal and political theory on the incorporation of a declaration of rights and freedoms in British law. There follow chapters on place of rights, and of duties to oneself, in Kant's moral and legal theory and some contemporary interpreters of Kant; on the application classical conceptions of distributive justice to modern problems; on the emergence of the ideal of government limited by, inter alia, respect for human rights, and contemporary distortions of the ideal that are proposed by Rawls, Dworkin, and followers of theirs (not least in relation to marriage); on the place of civic virtues and respect for diverse persons in constitutional order; and two chapters on the great question of migration rights and the legitimacy of national boundaries preventing free and equal migration. Part Two groups three chapters on the justice of punishment, concluding with the mature statement of retribution's place as punishment's formative justifying aim, in engagement especially with Nietzsche's ‘genealogy of morals’. Part Three surveys just way theory in its historic development and current shape. Parts Four, Five, and Six each group three chapters: on autonomy, justice, and euthanasia; on autonomy, justice, and human reproduction; and on marriage in its relation to justice and the common good.
Migration Rights
Authors: Finnis John
Published: October 2011

This chapter offers a response to papers by Ann Dummett and Paul Weithman, considering migration rights ‘from a natural law perspective’. The chapter offers answers to the questions: Is eviction of squatters from one's house, in the interests of one's children, ‘promoting one's children's interests at the expense of the squatters' interests? Is it wrong to attribute rights to citizens which aliens do not have, or to admit foreigners for work provided they leave after two years and be visited by no family members? Does everyone have the human, natural law right to enter any territory he chooses with a view to living and working peacefully under the laws applicable to citizens? Do our obligations to alleviate the severest disadvantage mean that Rawls's ‘Difference Principle’ is sound? Or does it apply as if the world were one political community? The analogies between property and territory are important, and emigration and immigration are profoundly asymmetrical.
Euthanasia and the Law
Authors: Finnis John
Published: October 2011

Composed for live debate with Dworkin, the chapter considers not the morality of euthanasia but the sound moral and political arguments that have persuaded almost all commissions of enquiry (e.g. the Walton Committee, New York State Task Force) that it should not be legalized. These arguments draw on facts, e.g., official but poorly understood statistics relating to the consequences of legalizing it in Holland. The very different definitions of euthanasia used by Dworkin, the Dutch, the Ninth Circuit in Compassion in Dying v Washington, and common speech are identified. Other topics discussed in this chapter include intention, autonomy, professional ethics and character, Dworkin's Life's Dominion, will to power, Nietzschean aesthetic conceptions of life, and the substantial irrelevance of pain in modern conditions.
Law as Coordination
Authors: Finnis John
Published: October 2011

This chapter responds to Joseph Raz's response to the discussion of law's moral authority, particularly to his claim that it begged the question (argued in a vicious circle). But it does so by surveying the structure of coordination problems in the broad sense employed also by Raz and others, in which the game-theoretical, narrow concept of Coordination Problems is only one variant among many others (such as, at the opposite extreme, Prisoners' Dilemma Problems). The differentiation draws, as in Natural Law and Natural Rights, on Edna Ullmann-Margalit. It allows the retention of the game-theoretical concept of salience, and shows that the ‘procedural’ features of the Rule of Law are integral to law's salience as a scheme for cooperation for common good.
Weber, Objectivity, and Legal-Rational Authority
Authors: Finnis John
Published: October 2011

This chapter makes a fundamental examination of Weber's method and results in their bearing on the understanding of law and legal authority. It takes off from a critique of Anthony Kronman's 1983 book on Weber as a sociologist of law (and economy, authority, and religion), but shows with textual detail why Weber concluded that the ideal-type or central form of social authority is legal-rational authority, and the central form of that, in turn, is the value-rationality encapsulated in natural law theory. Weber's arguments for denying the rationality or objectivity of value judgments are critiqued, as well as Kronman's attempted supplementation of them.
Religion and Public Life in Pluralist Society
Authors: Finnis John
Published: October 2011

This chapter presents a 2004 Princeton address which concerns the rational status of public revelation in public reason. The issue is introduced with some reflections on Newman's thesis that it can be right to be economical with one's public statements of one's reasons for belief or action, and on the method by which Aquinas's teachings are presented in the author's book Aquinas (1998). Rawls's idea of public reason is shown to be radically ambiguous and, when disambiguated, empty. The chapter's thesis is that there is a reciprocity and a certain kind of epistemic interdependence (heading towards reflective equilibrium) of natural reason and divine public revelation. Christian teaching on religious liberty is used as an example of this development of a reflective equilibrium in principle (juxtaposed with development of potentially severe disequilibrium in modern European cultures penetrated by a certain kind of immigration).
Religion and State
Authors: Finnis John
Published: October 2011

This chapter reflects philosophically and historically, not theologically, on the problem of religion and state, including a substantial discussion of the natural law elements in the decree Dignitatis Humanae of the Second Vatican Council on the human right to freedom from coercion in religious matters. The chapter begins with a brief statement of two arguments for the existence of God, and a sketch of the reasons not to accept Hume's arguments against miracles (and revelation), or Leiter's assertion that religion is contrasted with reason, or Dworkin's claim that the constitutional right to religious freedom is based on the good of self-determination or self-respect, or the assumption that Gospel prophecies of the fall of Jerusalem should be presumed to have been made up after the event. The chapter's political-philosophical half focuses on what laws and policies would be appropriate in a state controlled by adherents of sound philosophy and religion; the implications for more deeply divided societies emerge along the way. The discussion engages with Pope Benedict's Regensburg address, European courts' rulings on Muslim dress, and Joseph Boyle discussion of Dignitatis Humanae.
Morality and the Second Vatican Council
Authors: Finnis John
Published: October 2011

This chapter provides a detailed 1980 study of the Council's teachings on conscience, natural law, human dignity, divine revelation and commandments (Decalogue), authority and theological interpretation in moral teaching, consequentialist objections to definitive Catholic moral teachings, and the ‘historicity’ of natural moral law. Theologians critiqued include especially Gerard J. Hughes, Karl Rahner, and Timothy O'Connell.
Introduction
Authors: Clapp Elizabeth J.
Published: October 2011

The Introduction gives an historical overview of the movements to abolish the slave trade and slavery in Britain and the United States and explores the central themes of the book. It considers the nature of English Protestant dissent and the Puritan tradition in America providing a framework for understanding the religious issues covered in the volume and giving a brief indication of the theological orientation of the main dissenting traditions—Baptists, Congregationalists, Presbyterians, and Unitarians. The religious ideas, values, and practices of women from these backgrounds played a crucial part in prompting their abolitionism, helping them to overcome obstacles to their involvement and criticism of their ‘unfeminine’ behaviour. To facilitate an appreciation of women's part in anti-slavery activism, it examines the interactions between women, religion and reform and the complex issues these raise.
5 Immediatism, Dissent, and Gender: Women and the Sentimentalization of Transatlantic Anti-Slavery Appeals
Authors: Lasser Carol
Published: October 2011

This chapter distinguishes between anti-slavery arguments developed by dissenting women in Britain and America between the 1790s and the 1850s. While women on both sides of the Atlantic asserted the propriety of their intervention in anti-slavery discourse, British women working in the tradition of rational dissent began, in the 1790s, by arguing that abstention from the consumption of slave-made goods would have an economic impact that would undermine the profitability of slavery and thus bring about its demise. American women instead emphasized their concerns with moral purification to which their abstention would testify, thereby setting a religious example for the necessary conversion that would speed the ending of slavery. Ultimately, the sentimentalization of women's anti-slavery discourse dominated, leaving behind the economic arguments of the early rational dissenters.
Reservations to Treaties: An Objection to a Reservation is Definitely not an Acceptance
Authors: Pellet Alain , Daniel Müller
Published: October 2011

The differences between the effects and implications of an acceptance of a reservation and of an objection to a reservation are quite easy to overlook, especially if one considers Articles 21(1) and 21(3) of the Vienna Convention in isolation. Nevertheless, in spite of some troubling similarities in specific circumstances, it cannot be denied that these differences do exist: an objection is not an acceptance and the effects of an acceptance or an objection must be distinguished in respect to the entry into force of the treaty, on the one hand, as well as to the relations between the parties if and when the treaty enters into force between them, regardless of whether the reservation is permissible, on the other hand.
Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards
Authors: Arsanjani Mahnoush H. , Reisman W. Michael
Published: October 2011

The tension between the often urgent need for effective legal arrangements in modern international law and the much slower internal procedures for finalization of commitment to treaties has lead to the practice of provisional application of treaties. Many treaties provide for their provisional application pending final ratification by the states parties and the Vienna Convention on the Law of Treaties has codified authoritative practice. But two recent arbitral awards, in applying Article 45 of the Energy Charter Treaty, have created some confusion.
Consistency among Treaty Obligations
Authors: Conforti Benedetto
Published: October 2011

International law regime of conflicts between treaties is obtained by combining the principles of the succession of treaties over time (the later treaty abrogates the earlier one) and the principle concerning the effects of treaties on third-party States (Pacta tertiis neque nocent neque prosunt). In fact, conflicts between treaties are not frequent as states prefer to negotiate in order to avoid them. Most of the time, negotiations lead to the inclusion in a treaty of declarations of ‘compatibility’ or ‘subordination’ with another or a series of other treaties. Some of them are analysed in this chapter.
International Organizations as Third Parties under the Law of International Treaties
Authors: Tomuschat Christian
Published: October 2011

The rule providing that treaties do not produce rights or obligations for third states was taken from Vienna Convention on the Law of Treaties I (Article 34) and inserted into Vienna Convention on the Law of Treaties II with the appropriate modification ratione personae to international organizations. The rule was seen as a logical consequence of the fundamental principle of consent in international relations. Hence, according to the text, international organizations are protected against interference by third parties in the same way as states. However, no consideration was given to the question of whether the states members of an international organization stand in a special relationship to that organization. Practice shows that treaties elaborated within an international organization, although generally having a more restricted circle of parties, often impose specific duties on that organization. This chapter seeks to clarify the reasons justifying this practice and its limits.
Absolute Invalidity of Treaties and Their Non-Recognition by Third States
Authors: Gianelli Alessandra
Published: October 2011

The 1969 Vienna Convention leaves to States parties a treaty invalid because of its conflict with a peremptory norm the initiative, and the choice of having the International Court of Justice declare the invalidity or of reaching an agreement to the same result. The Vienna Convention provides a similar solution with regard to the invalidity of treaties concluded as a result of coercion. According to widespread opinion, third States may not consider those treaties invalid independently from the parties' action. This outcome is particularly problematic, given that both are cases of so-called absolute invalidity, where nullity is the consequence of a contrast with rules of fundamental importance in contemporary international law. This chapter explores ways in which third States may invoke such an absolute invalidity, reaching the conclusion that through the well-established practice of non-recognition States have long declared their intention to consider treaties in such cases invalid, notwithstanding any lack of initiative of the States parties.
TheHomeric Hymn to Demeter
Authors: Richardson Nicholas
Published: October 2011

This chapter revisits key issues for the interpretation of the Homeric Hymn to Demeter since the publication of Nicholas Richardson's commentary on the poem in 1974. Issues examined include the Hymn's language and style in relation to other early hexameter poetry, its relationship to the cults of Demeter and Persephone in Eleusis, its structure and narrative, and gender conflict in the poem.
TheHomeric Hymn to Apollo
Authors: Chappell Mike
Published: October 2011

This chapter examines the controversial question of narrative unity in the Homeric Hymn to Apollo. A thorough review is undertaken of previous scholarship on the issue of whether the unified poem transmitted in the medieval manuscripts is composed of two originally separate hymns to Delian Apollo and Pythian Apollo or, as several scholars have argued in recent years, was composed as a single hymn. It is argued that the weight of the evidence suggests that the Hymn was in fact composed of two originally separate poems.
The Earliest Phases in the Reception of theHomeric Hymns
Authors: Nagy Gregory
Published: October 2011

This chapter examines the earliest phases of the transmission and reception of the Homeric Hymns from the perspective of oral poetics and performance. Particular attention is given to the long Homeric Hymn to Apollo and the quotations and commentary on that Hymn by the fifth‐century historian Thucydides. Close attention is given to the performance context of the Homeric Hymns and their relationship to longer epic recitation. It is argued that the hymn did not form an independent genre in its earliest attested phases.
2 A Concise History of the Law of State Responsibility and Reparation in International Law
Authors: Borzu Sabahi
Published: October 2011

The modern doctrines of State responsibility and reparation are the result of more than 2,000 years of human thought. This chapter traces the history of some of the most important components of State responsibility and reparation. The origins of these concepts are found in the historical roots of the civil law doctrines of extra-contractual liability and the remedy of restitutio in integrum, from Roman times until their entry into European civil codes. It explains how the private law notions discussed entered into international law and how, from the fusion of these notions and concepts with those supplied through the evolving doctrines of reprisals, denial of justice, and diplomatic protection, the modern doctrines of State responsibility and reparation were born.
5 Compensation
Authors: Borzu Sabahi
Published: October 2011

This chapter examines compensation in investment treaty arbitration. It shows the development of principles of compensation for expropriation in customary international law, and how investment treaties have treated compensation for expropriation and for other breaches. It outlines the treatment of both unlawful and lawful expropriation prior to the milestone ADC v Hungary decision, and how that award has impacted thought and practice on compensation for expropriation since then. The chapter also outlines how the amount of compensation has been determined in investment arbitrations, focusing on the concept of Fair Market Value. It discusses the determination of the date of the injury and the proper date of valuation, central to setting the amount of compensation, as well as the treatment of post-act events. It outlines a number of valuation methods used to set the amount of compensation, both for valuing investments and for contractual and business interruption damages.
Lessons from the Past? Northern Ireland, Terrorism Now and Then, and the Human Rights Act
Authors: McColgan Aileen
Published: October 2011

This chapter dramatically recounts the history of civil rights violations in Northern Ireland and uses this to illustrate the continuing inability of judges to make a significant impact on civil rights outcomes. Recent responses to anti-terrorist laws and the use of torture demonstrate the same pattern of failure to intervene to prevent abuses of human rights. The fact that we are currently dealing with a repetition of the human rights situation in Northern Ireland provides little confidence in the capacity of any branch of government of civil society to avoid similar disappointments.
Parliamentary Review with a Democratic Charter of Rights
Authors: Campbell Tom
Published: October 2011

This chapter discusses a type of bill of rights that draws on a political conception of human rights according to which the enumerated rights serve as a basis for enacting specific legislation. The proposed human rights regime is one in which a statutory bill of rights is used institutionally, not to service judicial review, but to provide the terms of reference for a variety of political mechanisms for agendizing, prioritizing, and developing a polity's human rights commitments within the mainstream democratic process. This chapter addresses the problem of how to arrive at a conception of human rights that is not tied to human rights law. It argues that human rights are best understood as a moral concept with a social, economic, and political focus, whose official articulation should be democratic and hence legislative. This involves identifying key human rights values together with those political and social institutions and practices essential for their effective realization, the prioritization and coordination of which is a matter for ongoing political debate and decision-making.
Beyond the Human Rights Act
Authors: Gearty Conor
Published: October 2011

In the context of current debates in the UK concerning the introduction of a bill of rights for Britain to replace or supplement the Human Rights Act 1998, this chapter examines how the language of rights has been deployed politically over the last ten years. It asks about the future of human rights in a Britain in which governing elites advertise their estrangement from the very idea. The government is more committed to the responsibilities of Britishness than the rights accorded to every human in the jurisdiction. The Conservative party prefers a more British-based bill of rights, focussing on liberties rather than political correctness. While we might consider replacing the language of rights by that of values and social justice, just as human rights extremists lost the battle over the Human Rights Act 1988 (not getting the judicial supremacy they desired) so a new bill of rights for Britain could be made into something that can help rather than hinder the democratic process.
7 General Features of Life
Authors: Auletta Gennaro
Published: October 2011

Here, the proper notion of a biological system is introduced. This notion implies the combination of a metabolism, of a genetic system, and of a selective system.
12 Representational Semiotics
Authors: Auletta Gennaro
Published: October 2011

After a short introduction on the meaning of representation, the crucial problem of the origin of representation is dealt with. Then, the main forms of representational process are considered. An important issue is that of connectionism and distributed networks. The classification of different types of representations (schemata and categories) as well as the issue of animals’ communication are also crucial. Then, this problem is considered from a slightly different point of view and dealt with together with the three main systems of representation.
Frege on Definitions
Authors: Horty John
Published: October 2011

This book explores the difficulties presented for Gottlob Frege's semantic theory, as well as its modern descendents, by the treatment of defined expressions. The book begins by focusing on the psychological constraints governing Frege's notion of sense, or meaning, and argues that, given these constraints, even the treatment of simple stipulative definitions led Frege to important difficulties. This book suggests ways out of these difficulties that are both philosophically and logically plausible and Fregean in spirit. This discussion is then connected to a number of more familiar topics, such as indexicality and the discussion of concepts in recent theories of mind and language. The latter part of the book, after introducing a simple semantic model of senses as procedures, considers the problems that definitions present for Frege's idea that the sense of an expression should mirror its grammatical structure. The requirement can be satisfied, the book argues, only if defined expressions—and incomplete expressions as well—are assigned senses of their own, rather than treated contextually. The book then explores one way in which these senses might be reified within the procedural model, drawing on ideas from work in the semantics of computer programming languages. With its combination of technical semantics and history of philosophy, the book tackles some of the hardest questions in the philosophy of language.
Prostate Cancer Chemoprevention Study: An investigative randomized control study using purified isoflavones in men with rising prostate‐specific antigen
Authors: Miyanaga Naoto , Akaza Hideyuki , Hinotsu Shiro , Fujioka Tomoaki , Naito Seiji , Namiki Mikio , Takahashi Satoru , Hirao Yoshihiko , Horie Shigeo , Tsukamoto Taiji , Mori Mitsuru , Tsuji Hirokazu
Published: October 2011

Our previous case–control study suggested that equol, a metabolite of isoflavone, has a preventive effect on prostate cancer. To examine the prostate cancer risk based on isoflavone intake and equol production, we carried out a phase II, randomized, double‐blind, placebo‐controlled trial of oral isoflavone (60 mg/day) for 12 months. The inclusion criteria were Japanese men between 50 and 75 years of age, a serum prostate‐specific antigen level of 2.5–10.0 ng/mL, and a single, negative prostate biopsy within 12 months prior to enrollment. The study included 158 men in eight Japanese centers. Their median age was 66.0 years, and the numbers of equol producers and non‐producers were 76 (48%) and 82 (52%), respectively. The majority of adverse events were mild or moderate in severity, and the scheduled intake of tablets was completed by 153 patients (96.8%). The prostate‐specific antigen value showed no significant difference before and after treatment. Of the 89 patients evaluated by central pathological review, the incidence of biopsy‐detectable prostate cancer in the isoflavone and placebo groups showed no significant difference (21.4%vs 34.0%, P = 0.140). However, for the 53 patients aged 65 years or more, the incidence of cancer in the isoflavone group was significantly lower than that in the placebo group (28.0%vs 57.1%, P = 0.031). These results support the value of isoflavone for prostate cancer risk reduction. A large‐scale phase III randomized study of isoflavone tablets in men with different hereditary factors and living environments is warranted. Registered with the UMIN Clinical Trials Registry (UMIN‐CTR) for clinical trials in Japan (C000000446). (Cancer Sci 2012; 103: 125–130)
Reported paediatric adverse drug reactions in the UK 2000–2009
Authors: Hawcutt Daniel B. , Mainie Pramod , Riordan Andrew , Smyth Rosalind L. , Pirmohamed Munir
Published: October 2011

WHAT IS ALREADY KNOWN ABOUT THIS SUBJECT

• Use of off‐label and unlicensed medicines in children is associated with a higher risk of adverse drug reactions (ADRs).

• Spontaneous reporting systems such as the UK Yellow Card Scheme run by the Medicines and Healthcare Products Regulatory Agency (MHRA) are important in identifying signals of ADRs.

• Up to 95% of all ADRs are not reported, despite current MHRA advice to report all suspected paediatric ADRs.

WHAT THIS STUDY ADDS

• Despite under‐reporting, the Yellow Card Scheme receives more than 2000 reports per year on patients <17 years.

• Vaccines are the most commonly reported therapeutic class in children.

• Nurses now report more suspected ADRs in children than any other healthcare professional.

AIMS The UK Medicines and Healthcare products Regulatory Agency (MHRA) runs a national spontaneous reporting system (Yellow Card Scheme) to collect ‘suspected’ adverse drug reaction (ADR) data. MHRA advice is to report all suspected ADRs in paediatric (<17 years) patients.

METHODS Data on all ADRs reported to the MHRA in patients <17 years from the years 2000–9 were supplied in two datasets, inclusive and exclusive of vaccines.

RESULTS Of 222 755 ADR reports received by the MHRA from 2000–9, 31 726 (14.2%) were in children <17 years. The number of reports in 2000 was greater than in subsequent years (12 035) due to a national vaccination programme (Meningococcal Serogroup C conjugate vaccine). The median number of ADR reports per annum (2001–2009) for children was 2146 (95% CI 1801, 2575). Vaccines were included in 22 102 (66.5%) paediatric ADR reports, with Meningococcal Serogroup C conjugate vaccine reported most frequently (12 106 reports) and headache the commonest symptom (3163). Excluding vaccines, methylphenidate (653 reports) and atomoxetine (491) were the most commonly reported medications, and the most commonly reported symptom was vomiting (374). Reporting by nurses increased from 396 in 2001 to 1295 in 2009 (41.8% of all reports); reporting by doctors stayed constant. Reports from patients, parents or carers more than doubled but remained infrequent (1.5% in 2005, 4.0% in 2009).

CONCLUSIONS Although under‐reporting is probably common, the Yellow Card Scheme in the UK receives more than 2000 reports per year on patients <17 years. Nurses now report more suspected ADRs in children than any other healthcare professional.
Subclinical Cushing’s syndrome: definition and management
Authors: Terzolo M. , Pia A. , Reimondo G.
Published: October 2011

Subclinical Cushing’s syndrome is an ill‐defined endocrine disorder that may be observed in patients bearing an incidentally found adrenal adenoma. The concept of subclinical Cushing’s syndrome stands on the presence of ACTH‐independent cortisol secretion by an adrenal adenoma, that is not fully restrained by pituitary feed‐back. A hypercortisolemic state of usually minimal intensity may ensue and eventually cause harm to the patients in terms of metabolic and vascular diseases, and bone fractures. However, the natural history of subclinical Cushing’s syndrome remains largely unknown. The present review illustrates the currently used methods to ascertain the presence of subclinical Cushing’s syndrome and the surrounding controversy. The management of subclinical Cushing’s syndrome, that remains a highly debated issue, is also addressed and discussed. Most of the recommendations made in this chapter reflects the view and the clinical experience of the Authors and are not based on solid evidence.
Impacts of stock enhancement strategies on the effective population size of Murray cod, Maccullochella peelii, a threatened Australian fish
Authors: INGRAM B. A. , HAYES B. , ROURKE M. L.
Published: October 2011

Abstract  Murray cod, Maccullochella peelii (Mitchell) is an iconic Australian species endemic to the Murray‐Darling Basin (MDB) of inland south‐eastern Australia. Murray cod has been a valuable food source and supported a large commercial fishery throughout much of the 20th century. Over‐fishing and habitat destruction have resulted in significant declines in Murray cod populations throughout much of its range. Since the early 1980s, large numbers of Murray cod have been stocked into waterways to support both recreational fishing and conservation efforts. In this study, the likely impacts of past and current stocking practices on genetic diversity of Murray cod were modelled and new strategies to maximise genetic diversity in stocked populations are explored. The results suggest that a large, well‐managed breeding and stocking programme could help maintain genetic diversity of Murray cod across the MDB. In catchments within the MDB where the effective population size is very small, a well‐designed stocking programme, following strict guidelines for numbers of families reared and number of individuals maintained per family, could increase genetic diversity in a few generations.
Antimicrobial effect of endodontic solutions used as final irrigants on a dentine biofilm model
Authors: Ordinola‐Zapata R. , Bramante C. M. , Cavenago B. , Graeff M. S. Z. , Gomes de Moraes I. , Marciano M. , Duarte M. A. H.
Published: October 2011

Ordinola‐Zapata R, Bramante CM, Cavenago B, Graeff MSZ, Gomes de Moraes I, Marciano M, Duarte MAH. Antimicrobial effect of endodontic solutions used as final irrigants on a dentine biofilm model. International Endodontic Journal, 45, 162–168, 2012.

Aim  To evaluate the residual biovolume of live bacterial cells, the mean biofilm thickness and the substratum coverage found in mixed biofilms treated with different endodontic irrigant solutions.

Methodology  Twenty‐five bovine dentine specimens were infected intraorally using a removable orthodontic device. Five samples were used for each irrigant solution: 2% chlorhexidine, 1% sodium hypochlorite (NaOCl), 10% citric acid, 17% EDTA and distilled water. The solutions were used for 5 min. The samples were stained using the Live/Dead technique and evaluated using a confocal microscope. Differences in the amount of total biovolume (μm3), number of surviving cells (μm3), mean biofilm thickness (μm) and substratum coverage (%) of the treated biofilms were determined using nonparametric statistical tests (P < 0.05).

Results  Similar values of biovolume total, biovolume of live subpopulations and substratum coverage were found in 2% chlorhexidine, 10% citric acid, 17% EDTA and distilled water‐treated biofilms (P > 0.05). The lower values of the studied parameters were found in 1% NaOCl‐treated dentine (P < 0.05) with the exception of the mean biofilm height criteria that did not reveal significant differences amongst the irrigant solutions (P > 0.05).

Conclusions  One per cent sodium hypochlorite was the only irrigant that had a significant effect on biofilm viability and architecture.