bluuebunny/crossref_metadata_2025 huggingface dataset:
Liberty, Insecurity, and the Conceptual Foundations of Reassurance
Authors: Carvalho Henrique
Published: June 2017

This chapter examines the ambivalent relation between individual liberty and insecurity in the conceptual framework of criminal law. It does so primarily through a critical examination of the political theory of Thomas Hobbes, using it as a lens through which to analyse problems in contemporary criminal law. The chapter argues that the way in which individual autonomy and liberty are conceptualized in modern and liberal thought implies that civil society is intrinsically vulnerable to individual self-interest, so that security ends up taking priority over liberty in the legal and political constitution of liberal societies. The chapter also explores the extent to which the social role and justification of the criminal law rely on this vulnerability.
Epilogue
Authors: Carvalho Henrique
Published: June 2017

The epilogue reflects on the general problems identified in the book, and briefly considers its implications to legal scholarship in general and criminal law theory in particular. The main implication it highlights is the need for legal scholarship to critically engage with political theory, both recognizing and addressing the conflictive essence of political society. This arguably involves understanding individual autonomy and responsibility as intrinsically relational concepts, which can only be properly achieved by means of a phenomenological perspective that properly engages with human subjectivity. This perspective, the book ultimately suggests, can hopefully not only bring to light the problems and limitations in liberal law and liberal society, but also provide a pathway through which to re-examine and re-imagine liberal aspirations.
The Sociocultural Brain
Authors: Han Shihui
Published: June 2017

Is the human brain shaped by our sociocultural experiences, and if so, how? What are the neural correlates of cultural diversity of human behavior? Do genes interact with sociocultural experiences to moderate human brain functional organization and behavior? The Sociocultural Brain examines the relationship between human sociocultural experience and brain functional organization. It introduces brain imaging studies that identify neural correlates of culturally familiar gesture, music, brand, and more. It reviews cultural neuroscience findings of cross-cultural differences in human brain activity underlying multiple cognitive and affective processes (e.g., visual perception and attention, memory, causal attribution, inference of others’ mental states, self-reflection, and empathy). Further, it reviews studies that integrate brain imaging and cultural priming to explore a causal relationship between culture and brain functional organization. It also examines empirical findings of genetic influences on the coupling between brain activity and cultural values. The book aims to provide a new perspective on human brain functional organization by highlighting the role of human sociocultural experience and its interaction with genes in shaping the human brain and our behavior. Finally, the book discusses the implications of cultural neuroscience findings for understanding the nature of the human brain and culture, as well as implications for education, cross-cultural communication and conflict, and clinical treatment of mental disorders.
Cultural differences in non-social neural processes
Authors: Han Shihui
Published: June 2017

Chapter 3 presents a theoretical framework for understanding the relationship between sociocultural experience and cognition, and for explanation of the differences in cognition and behavior between East Asian and Western cultures. It further reviews cultural neuroscience findings that uncover common and distinct neural underpinnings of cognitive processes in individuals from Western and East Asian cultures. Cross-cultural brain imaging findings have shown evidence for differences in brain activity between East Asian and Western cultures involved in perception, attention, memory, causality judgment, mathematical operation, semantic relationship, and decision making. The cultural neuroscience findings reveal neural bases for cultural preferences of context-independent or context-dependent strategies of cognition in multiple neural systems.
Cultural differences in neurocognitive processing of the self
Authors: Han Shihui
Published: June 2017

Chapter 4 examines the difference in self-concept proposed by philosophers and psychologists in Western and East Asian cultures. It then introduces a dominant theoretical framework of cultural differences in self-concept that focuses on independence and interdependence in Western and East Asian cultures, respectively. It reviews behavioral and brain imaging findings that reveal cognitive and neural mechanisms underlying self-advantage during face recognition. It also examines the neural mechanisms related to self-reflection in Western and East Asian cultures by showing that the enhanced activity in the medial prefrontal cortex characterizes the independent self-construals, and the activity in the temporoparietal junction involved in self-reflection mediates the interdependent self-construals. It discusses the relationship between the neural roots of culturally specific self-concept and behavior.
Pompey and the reforms of 70
Authors: Morrell Kit
Published: June 2017

This chapter examines Pompey’s eastern campaigns of the 60s and the ideal of ethical imperialism he sought to embody. The emphasis on moral virtue even above martial qualities familiar from Cicero’s speech Pro Lege Manilia appears also in accounts of the pirate war, the Mithridatic campaign, and Pompey’s triumph. Pompey consistently demonstrated a preference for bloodless victories and humane treatment that extended even to pirates, while his financial organization of the east, though it brought great profits to Rome and to Pompey himself, accorded with Roman ‘best practice’ and does not negate his ethical achievement in other areas. Finally, the chapter considers possible Stoic (particularly Posidonian) influences on Pompey and suggests that he pursued a ‘cosmopolitan’ vision of empire that, if not influenced by Stoicism, had much in common with it.
Pompey in the east
Authors: Morrell Kit
Published: June 2017

This chapter argues for a direct connection between Marcus Cato’s Stoic philosophy and his political thinking. In particular, Cato’s Stoic concept of the equality of human beings imposed standards of conduct towards enemies and allies that sometimes went beyond Roman mores, reflected in his restrictive attitude to triumphs and his proposal that Julius Caesar should be handed over to the German tribes. At the centre of the chapter is an analysis of Cato’s letter to Cicero as a Stoic document which highlights the inseparability of provinces and res publica in Cato’s thought. Cato’s Cyprus mission in 58–56 affords a case study of how he applied his ethical principles in practice, which Cato himself actively promoted as an example for others. A discussion of the ‘Egyptian question’ in the 50s demonstrates the interest of Cato and his friends in major foreign policy questions.
The equites and the extortion law
Authors: Morrell Kit
Published: June 2017

This chapter examines the aftermath of Marcus Crassus’ defeat in Parthia in 53. The Parthian threat was real, as was the defence response, but there was no move to avenge Crassus in these years. Instead, Rome disowned Crassus’ aggressive campaign while embracing principles of ethical governance long advocated by Pompey and Cato. The blow to Rome’s military supremacy, combined with endemic misgovernment, created the threat of rebellion within Roman provinces; we therefore find Cicero, Gaius Cassius, Marcus Bibulus, and others striving not only to defend against Parthian attack but also to secure the loyalty of the allies by means of fair and upright governance. In this way, Crassus’ defeat provided the catalyst for an ongoing programme of provincial reform. Another product was the senatus consultum of 53, passed probably with Cato’s backing, which became the lex Pompeia de provinciis of 52 (the subject of chapter 7).
Metus Parthicus
Authors: Morrell Kit
Published: June 2017

This chapter presents a detailed analysis of the lex Pompeia de provinciis of 52. The law should be seen as the product of collaboration between Pompey and Cato in the first half of 52. Cato had been instrumental in creating Pompey’s sole consulship and his role in Milo’s trial shows that their cooperation continued; moreover, Pompey’s law gave effect to a senatus consultum passed the previous year probably with Cato’s backing. Although Cassius Dio presents the law as an attempt to control electoral competition, the lex Pompeia was also a far-sighted provincial reform which transformed the way in which provincial commands were created and conceptualized. Besides requiring an interval between magistracy and promagistracy, the law gave the senate much greater control over provincial appointments and thus provided the framework for a policy of provincial governance closely associated with Cato.
Niccolò Machiavelli’s International Legal Thought: Culture, Contingency, and Construction
Authors: Roth-Isigkeit David
Published: June 2017

This chapter suggests a progressive reading of Machiavelli, relying on the unity of his national and international thought. It argues that his focus on the unification of political communities through the medium of law allows for a sophisticated theoretical understanding of international law. The chapter starts with a discussion of the relationship of his biographical events and his social epistemology. It proceeds with the relationship of Machiavelli’s concept of law as a governance tool to the area of morality and normativity. Ultimately, the focus lies on his understanding of imperialism and international relations in order to shape a novel understanding of Machiavelli that depicts him as a reasonable historical starting point for a modern, post-critical understanding of international law.
Jean Bodin on International Law
Authors: Scattola Merio
Published: June 2017

This chapter argues that a reading of Jean Bodin offers important issues for the understanding of international law because he explicitly tried to develop, albeit briefly, a new branch of legal knowledge that had not existed before his time. This discipline had to comprise and to explain all rules that regulated the ‘public’ intercourse among commonwealths or ‘nations’. In this sense, and in the language of the sixteenth century, Bodin worked on the foundation of a ‘public law of nations’. He conceived the sphere of the relationships among commonwealths with the traditional conceptual means of iustum bellum and of fides, and this whole domain of legal and political experience was set under the principle of faith and loyalty. This tells us that the sovereignty proposed by Jean Bodin is less absolute than we would imagine at first sight.
Alberico Gentili
Authors: Wagner Andreas
Published: June 2017

This chapter argues that the theory of international law offered by Alberico Gentili is marked by a delicate, if not confusing, combination of the two principles of equal and unrestrained sovereignty of states, on the one hand, and of an international legal integration grounded on natural law, on the other. It suggests that Gentili does not provide the conceptual resources to establish—as a necessary component of international law’s procedures, or at least as an aim—a forum to prevent the law from only ever working to the benefit of the powerful. There is no conceptual, let alone institutional, room for public (in the sense of universal) deliberation of all parties on equal standing so that the affected parties—rather than some authority with either a particularistic pedigree or with more universal, but shaky legitimacy—could agree on common interpretations of the law.
Orders in Disorder
Authors: Heller Jonas
Published: June 2017

This chapter argues that neither in the theory of Hobbes nor of Rousseau is peace—in the sense of a condition in which the eventuality of war is excluded—possible within the international sphere. For both men the condition of peace presupposes a political order established and maintained by means of law. ‘Order’, ‘peace’, and ‘law’ are pivotal concepts in Hobbes’ and Rousseau’s philosophy of the state, yet there is no reference point for these concepts in their understanding of the international sphere—so the international sphere remains in a state of disorder. To deal with this disorder is not an international task but the task of national orders. The task of political philosophy, for Hobbes and Rousseau, is to elaborate the preconditions and fundaments of an order which is able to accomplish this task: as there is no international politics, international peace is a national responsibility.
Christian Wolff
Authors: Kleinlein Thomas
Published: June 2017

This chapter explores Christian Wolff’s systematic method and how it resonated in later scholarship. Wolff considered his systematic method to be his original contribution to the study of international law. Yet, despite the fact that he was a very renowned scholar in his time, this systematic method apparently remained an episode in international legal thought. Three transitions in international legal thought are already discernible, but not explicit, in Wolff’s writings: a process of an autonomization of international law, a shift from natural law to positivism, and a shifting focus from law to political economy. In a paradoxical manner, Wolff’s specific approach to the study of international law and his scientific method contributed to these transitions in international legal thought and, at the same time, hid them behind ambiguity. Arguably, this ambiguity contributes to explaining limited resonance of Wolff’s writings on international law.
The Law of the Nations as the Civil Law of the World
Authors: Volk Christian
Published: June 2017

This chapter points out that Montesquieu argues in favour of a specific kind of political cosmopolitanism. For him, the law of nations appears as the civil law of the whole world. Essentially, it can be said that Montesquieu conceives of a law of nations that attempts to avert both the exploitation of other communities and also slavery. At the same time, however, he is not concerned with equating the law of nations with global ethics, or with establishing morally substantial yet politically ineffective obligatory requirements. Montesquieu tries to remain a political thinker who assumes the reality of individual state interests, but who wishes to integrate these in an international legal order that represents more than the consensus between states.
Emer de Vattel on the Society of Nations and the Political System of Europe
Authors: Zurbuchen Simone
Published: June 2017

This chapter aims to explain why considering Vattel as a founding father of positivism rests on a misunderstanding. Despite the continuous attention Vattel received in the scholarly literature as well as in the diplomatic and juridical practice, especially in the United States, his legacy remained highly contested ever since his treatise The Law of Nations was first published in 1758. One reason is its indebtedness to the modern natural law tradition but also to Vattel’s originality, mainly due to the significance he attributed to the sovereign state as a free and independent member of the society of nations. Vattel established many dualisms to develop his very broad notion of the law of nations: he applied the law of nations to the ‘political system’ of Europe, which he considered a kind of republic instituted for maintaining order and liberty and founded on the scheme of the balance of power.
The Plurality of States and the World Order of Reason
Authors: Dellavalle Sergio
Published: June 2017

This chapter argues that Hegel can be regarded as the philosopher who was the first to pave the way to a new paradigm of order and, thus, also to a new idea of the relation between the state and international law. Hegel would not only conceive order as a ‘system’—which emerges clearly from the investigation of the deep connection between his interpretation of international law and relations and the broader context of his philosophy—but this ‘system’ would also be something new within the horizon of the patterns of social order. Indeed, two elements of a new paradigm are at least sketched in Hegel’s philosophy: the polyarchic setting of order, and its dialectic (or maybe even communicative) understanding.
What Should International Legal History Become?
Authors: Koskenniemi Martti
Published: June 2017

This chapter argues that the scope of history of international law ought to be expanded beyond its received sense. If the interest lies in ‘power’, then it is not a surprise why international lawyers might worry about the state of their field. For history to grasp this worry, it should illuminate the process through which some things come to be understood as belonging to ‘international law’ while others are relegated to ‘domestic’ or ‘private’ law, to ‘political economy’ or indeed to ‘international politics’. A study of international law’s relations to international power would need to include an examination of the way such categories, professional fields, and intellectual distinctions are made and remade so as to determine what may seem possible to achieve and what is beyond professional argument and contestation.
The Disorder of Economy? The First Relectio de Indis in a Theological Perspective
Authors: Rovira Mónica García-Salmones
Published: June 2017

This chapter argues that Vitoria was an innovator in his ambitious theological programme. It examines his first lecture on the Indians and argues that his practice of theologizing questions amounted to subjecting them to the authority of the theologian, extracting them from their true existential space and integrating them into his own utilitarian theory about the natural human being and the world. Putting aside the need for existential decision, natural law became, in the hands of the so-called founder of international law, and subsequent international lawyers, a virtual realm with endless possibilities for positive determinations about what would be the sensible thing to do.
Representational pull, enactive escape velocity
Authors: Di Paolo Ezequiel A. , Buhrmann Thomas , Barandiaran Xabier E.
Published: June 2017

Two different paths have been taken by researchers who argue that embodiment is crucial for understanding the mind. The first path is embodied functionalism, essentially the claim that traditional cognitivism needs to take into account the lessons of cognitive linguistics, dynamical systems explanations, and autonomous robotics seriously, so as to include bodily structures and processes in accounts of cognition. However, what it means to be a cognitive system remains unchanged and ruled by the computer metaphor. The other path rejects this metaphor and proposes that the self-organizing living body is constitutive of what it is to be a mind. This path, represented by enactivism, is not committed to a representational view of the mind, but rather understands it as an emergent, relational, world-involving phenomenon. The sensorimotor approach to perception may be interpreted in these terms; however, this approach requires a nonrepresentational account of sensorimotor mastery and a theory of agency.
Sensorimotor agency
Authors: Di Paolo Ezequiel A. , Buhrmann Thomas , Barandiaran Xabier E.
Published: June 2017

An enactive sensorimotor approach to perception places the agent at the center of the engagements that constitute a perceptual act. The notion of agency required, however, cannot be based solely on an organism’s biological well-being. Interests beyond mere survival guide many activities that animals with rich sensorimotor lives engage in. It is proposed that the processes that individuate a sensorimotor agent are the very acts that it performs, and that a network of precarious but mutually stabilizing sensorimotor schemes can satisfy the conditions of agency. Compatibility is demonstrated with dynamical approaches to behavioral development, as well as with psychological theories that support the view of a networked behavioral organization. The interdependence of agency at the organismic, sensorimotor, and social levels is discussed, as well as the relevance of sensorimotor agency, to understand the inherent meaningfulness of perception for the perceiver, as well as her subjectivity.
Epilogue
Authors: Di Paolo Ezequiel A. , Buhrmann Thomas , Barandiaran Xabier E.
Published: June 2017

This chapter presents some reflections on the meaning of life-mind continuity for the proposals presented in this book. It compares this concept with a pragmatist take on the historical relations between life, mind, and environment as defended by William James and John Dewey and with related concepts used by philosophers like Hans Jonas and Maurice Merleau-Ponty and psychologists like Jean Piaget. In this light, the chapter offers some final thoughts on the concept of sensorimotor life and on the need to continue working on further developments of enactivist ideas in terms of scenarios that are more complex and as an ongoing critical assessment of the fundamental philosophical premises of the approach.
European and Domestic Law
Authors: Stirn Bernard
Published: June 2017

Chapter 4 turns to the domestic law of the countries of Europe, arguing that the combination within European public law of EU law, the law of the ECHR, and of domestic law cannot be conceived of along the lines of a pyramidal hierarchy. The chapter examines the ways in which the different European domestic legal systems conceive of the relationship between international law and domestic law. The chapter then looks at the relationship between international law and domestic law through a constitutional lens, an approach which more and more domestic courts in Europe seem to be adopting. The chapter then turns to the integrated legal order of the European Union, a legal order distinct both from domestic and general international law. Finally, the chapter teases out and analyses four shared guiding principles of European public law: equality and non-discrimination; proportionality; subsidiarity; and legal certainty.
The CRF Signal
Authors: Schulkin Jay
Published: June 2017

This book discusses just how diverse a peptide corticotrophin-releasing factor (CRF) is, as demonstrated by its presence in various tissues in the body, including the skin, the placenta, and various regions of the brain. As Dobzhansky (1962) noted, in light of Darwin (1874), and beyond, CRF must be placed in the larger world of regulatory biology. Evolutionary trends do not proceed in a continuous one-dimensional direction; there are starts, turns, and abrupt ends. The study of CRF is mostly about diverse functions in physiological and behavioral regulation of the internal milieu and adapting to an ecological and or social context. The book begins with a depiction of the evolutionary origins of CRF in living things, dating back hundreds of millions of years. The book pushes the conception of CRF beyond the HPA axis and common knowledge. We study the role of CRF in metamorphosis and parturition. Further, CRF is a contributor to fear and anxiety, and the book explains how excessive fear is tied to anxiety disorders and vulnerability to the breakdown of mental and physical health. Also discussed is CRF in approach/avoidance behaviors across pre- and postnatal events. CRF is intimately involved in organ development, but it is also linked to devolution of function and conditions of danger. Cravings, addictions, and how CRF is tied both to the ingestion of diverse drugs and to withdrawal are explored. CRF is considered as an epistemic object, addressing what constitutes an information molecule, in general, and CRF, in particular.
Conservation of CRF in Brains and its Regulation by Adrenal Steroids
Authors: Schulkin Jay
Published: June 2017

The regulation of the HPA axis has been categorized as the classical mechanism of slow-acting genomic regulation of gene products, but this has given way to both slow and fast regulation of the HPA axis. We do not know how cortisol restrains the production of CRF in the paraventricular nucleus, thereby directly decreasing ACTH and, subsequently, cortisol; we know the classical negative-feedback regulatory system, which provides a mechanism, but how it works, well, that is another thing. Glucocorticoids restrain the HPA axis, but not other regions of the brain, such as the central nucleus of the amygdala and bed nucleus of the amygdala. But we now know that both chemically and electrically, these regions are not the same (equal).
Surviving, Remembering, Adversity
Authors: Schulkin Jay
Published: June 2017

Chapter 7 speaks about how, while CRF is intimately involved in organ development, it is also linked to devolution of function and conditions of danger. CRF expression itself reveals developmental changes particularly in the brain. CRF is linked to diverse forms of learning and timing of events. But CRF may either enhance or degrade learning and memory. CRF tends to enhance salience and visibility, therefore learning and memory consolidation may be enhanced. However, excessive CRF expression begins to compromise these essential capabilities and promotes neural atrophy deterioration. The role of information molecules is to promote survival systems across life cycles. On the adaptive side, CRF promotes change and attention to change; on the nonadaptive side, CRF promotes decreased tissue capability and the acceleration of an aging process in end organ systems, as this chapter will discuss.
Cravings and Addictions
Authors: Schulkin Jay
Published: June 2017

The allure of afflictions and appetites gone awry are endless in the modern era. They range from the endless junk food we eat, to the computer games that lock our children to distraction, compulsion, and fixation on a screen. A sense of compulsion pervades addiction. For both appetite and addiction, incentives are mediated by diverse information molecules, which include CRF and dopamine. Chapter 8 explains how CRF is tied both to the ingestion of diverse drugs and to withdrawal. This process, however, is little understood. Indeed, one of the most important discoveries in the addiction research field was that for all addictive drugs that have been tested, this dual phenomenon on ingestion and withdrawal has been expressed; this included cocaine, heroin, alcohol, and cannabis, for example. The brain is active in all stages of addiction (preoccupation/anticipation, binge/intoxication, withdrawal/negative affect, and psychic pain), and is differentially regulated.
Trade Policy for SMEs from a GATS Perspective
Authors: Adlung Rudolf , Soprana Marta
Published: June 2017

Unlike conventional trade agreements, the scope of the General Agreement on Trade in Services (GATS) extends beyond the treatment of products to cover that of suppliers (producers, distributors, etc) as well. Trade problems confronting small and medium-sized enterprises (SMEs) supplying services have thus been raised by WTO Members at different stages of the Doha Round negotiations and meetings of regular WTO bodies. However, such issues have rarely been explored in a systemic way. This chapter provides an overview of SME-related policies, whether reflected in schedules of services commitments or consisting of ‘non-schedulable’ measures, which are being pursued by WTO Members at multilateral (GATS) or regional level. It also seeks to identify the scope for further initiatives to promote SME-related interests, from fostering compliance with existing transparency disciplines under the GATS to advancing the Agreement’s liberalization and rule-making mandates with an SME focus.
Leveraging Trade Facilitation Reforms for Increased SME Competitiveness
Authors: González Arancha
Published: June 2017

This publication analyses various constraints preventing small and medium-sized enterprises (SMEs) in developing countries from tapping into global value chains. It highlights that the time and costs associated with transporting goods across borders are significantly greater in developing than developed economies. It emphasizes that the smaller size and working capital of SMEs, and their concentration in a limited number of geographic and product markets, makes them vulnerable to costs and delays associated with trade barriers compared to multinational corporations. In this context, the chapter stresses the importance of implementing measures stipulated in the WTO Trade Facilitation Agreement to enhance the ability of SMEs to import and export. These measures would increase logistical efficiency by reducing information asymmetries, simplifying regulatory requirements, and lowering fees for the movement of goods across borders. If implemented correctly, these measures would expand opportunities for developing country SMEs to embed themselves in the growing global economy.
An Asian Perspective on SMEs in International Economic Law
Authors: Wang Heng
Published: June 2017

The Trans-Pacific Partnership (TPP) is likely to have profound implications for small and medium-sized enterprises (SMEs) within and beyond the free trade area. The key question will be analysed: what are the challenges and opportunities that the TPP hold for SMEs? It is argued that, first, the key benefits the TPP can be expected to bring for SMEs are enhanced market liberalization and a more predictable regulatory environment. Second, the TPP poses serious challenges for SMEs (eg insufficiency of the opportunities to SMEs, the complexity of rules, difficulties in rule interpretation and implementation, and remaining regulatory differences), but different types of SMEs will face very different problems. Third, the TPP, if properly managed, should bring more opportunities than challenges to SMEs. Finally, opportunities and challenges to SMEs under the TPP may not always be the same as those under bilateral FTAs given the unique nature of this mega FTA.
The Treatment of Small and Medium-Sized Enterprises in International Investment Law
Authors: Karl Joachim
Published: June 2017

Small and medium-sized enterprises (SMEs) are the backbone of almost all economies, employing the great majority of the workforce, and making the biggest contribution to GDP. To some extent, they are also active as outward foreign investors or are linked to inward foreign investment through supply chains. This chapter analyses the role of international investment law for the internationalization strategies of SMEs. It explores to what extent international investment agreements specifically promote, facilitate, and protect investments involving SMEs, referring to concrete treaty examples. It also examines the risk of potential negative effects of certain IIA provisions on domestic SMEs. On the basis of this analysis, the chapter makes a number of suggestions regarding how international investment law could further improve the situation of SMEs.
Legal Protection for Small and Medium-Sized Enterprises through Investor-State Dispute Settlement
Authors: Gebert Alexander
Published: June 2017

The chapter illustrates the participation of small and medium-sized enterprises (SMEs) in the investor-state dispute settlement (ISDS) system, as well as obstacles from pursuing claims under investment treaties with corresponding solutions. SMEs are increasingly investing in foreign countries, and may be subject to state measures violating international law standards afforded under investment treaties. Investment treaties regularly also provide for ISDS as a means to enforce these standards by allowing foreign investors to commence arbitration proceedings against a state in a neutral forum. The chapter reveals that despite the perception as a dispute settlement mechanism accessible exclusively for large multinational corporations, in fact a substantial part of claimants in ISDS proceedings are SMEs. While it is true that high costs and the long duration of ISDS proceedings may be obstacles for SMEs, the flexibility of arbitration proceedings and the availability of external funding provide for opportunities to control time and costs.
Risk and the Use of Force
Authors: Tsagourias Nicholas
Published: June 2017

This chapter explores the impact on the rules of international law governing the use of force of the conceptualisation of security in terms of risks. It claims that anticipation and decision-making are central to the legal management of risks. For this reason, it first examines the place of pre-emptive and preventive self-defence in international law and then discusses evidentiary issues, decision-making procedures and standards. The political and legal debates over the 2003 military action against Iraq offer a useful background. The chapter aligns international relations approaches to risk, security and war with international law rules on the use of force.
International Law and the Exploration and Use of Outer Space
Authors: Freeland Steven
Published: June 2017

The 1957 launch of Sputnik I challenged humankind’s perceptions of what was possible in space, and necessitated the development of a legal framework for the exploration and use of outer space. However, these rules emerged at a time when the development of space-related technology was principally directed towards military objectives. As the possibility of a military confrontation in space increases, uncertainty coalesces with other risks, particularly with respect to the dangers posed by space debris, revealing lacunae in the law, the further evolution of which has largely stalled due to geopolitical factors. Emerging ‘soft’ law principles are neither entirely clear nor sufficiently comprehensive to meet the increasing complexity associated with attempting to regulate outer space. This chapter assesses the uncertainties arising from the existing international legal framework and their correlation to significant risks pertaining to the exploration and use of outer space.
Prevention in International Environmental Law and the Anticipation of Risk(s)
Authors: Duvic-Paoli Leslie-Anne
Published: June 2017

The raison d’être of international environmental law, the avoidance of the occurrence of environmental harm, dictates an anticipatory approach. At its heart is the principle of prevention which imposes an obligation on states to exercise due care in the face of risks of environmental damage. This chapter presents prevention as a multifaceted norm that operates at multiple levels in order to best anticipate different types of risks. It analyses prevention from three different perspectives. First, it identifies its material scope by detailing the different categories of risks which are covered by prevention. Second, it looks at the temporal scope of prevention and highlights the multiple conceptions of the future found in the principle. Finally, it presents the potential beneficiaries of the preventive rationale to explain how it aims to shape the future of different audiences. The chapter concludes on the challenges brought about by the multifaceted nature of prevention.
Catastrophic Climate Change, Precaution, and the Risk/Risk Dilemma
Authors: Fleurke Floor M
Published: June 2017

Whilst the seriousness of a given problem may call for immediate and targeted intervention, the ensuing uncertain impacts on other elements of inter-connected systems may be equally deleterious. Climate change is a prime example of such a risk/risk dilemma. The risk of inaction must be weighed against the risk of resorting to increasingly tempting responses to mitigate or adapt to the effects of climate change. The precautionary principle might offer some guidance in this risk/risk arena. Precaution is a tool to deal with uncertain risks without dictating outcomes. Although it is commonly associated with a negative regulatory tilt, it can also serve to warrant and mandate the use of, for example, a new technology or substance in order to reduce risks. This chapter explores the dilemma of risk/risk trade-offs in the face of potentially catastrophic climate change, and examines the contours of a precautionary regulatory response to such impasses.
The Assessment of Environmental Risks and the Regulation of Process and Production Methods (PPMs) in International Trade Law
Authors: Ziegler Andreas R , Sifonios David
Published: June 2017

The WTO case law has considered that measures relating to the processes and production methods (PPMs) of imported products by the importing country are not GATT-incompatible per se but the precise conditions applicable to such measures remain unsettled. This debate on the justifiability of trade restrictive measures by the importing country may be analysed in the light of competing visions of the future. While in the free traders’ imagination the free trade increases states’ wealth and thus enables them to address environmental problems, environmentalists seek to prevent catastrophic futures, which could occur through certain production practices. A form of ideal future might also be discovered in the acknowledgment of sustaintable development as one of the objectives of the world trading system. These different and partly competing visions of the future may be a way to explain the intensity of the PPM debate and the evolution and fluctuation of the case law in this field.
Mallarmé: Deciphering the Stage
Authors: Pouillaude Frédéric
Published: June 2017

This chapter draws out some minimal or superficial effects of Stéphane Mallarmé’s writings on dance, and of his other prose texts which mention dance tangentially. The first thing to note is that, as the chapter title suggests, these texts are scribbled at the theatre and only ever envisage dance within the horizon of the stage, even if the latter is ultimately presented as a perverse and banal location. There is no primitive dance in Mallarmé, then. But nor is there dance detached from the gaze which establishes it as such. Hence, there is nothing that ever escapes the conventional artifice of theatrical spectacle.
Presence, Ideality, Signification
Authors: Pouillaude Frédéric
Published: June 2017

This chapter approaches the question of the “spectacle” in a different way, by taking the position of a historically naive contemporary who believes that there is an essence of spectacle simply waiting to be uncovered. In doing so this chapter pretends that the idea of “spectacle” has always existed, as if the historical detail of its emergence and development could be bracketed. It then proceeds in line with the fiction of the concept, by eidetic variation and the testing of limits. The chapter starts from a few examples of “spectacles” some of which might be considered frankly marginal in relation to the core concept: a football match, a bullfight, a concert, a theatrical representation, and a liturgical ceremony. It then tries to answer a very simple question from this historically naive position: in virtue of what common element are these different events called “spectacles,” literally or metaphorically?
What Is a Dance Technique?
Authors: Pouillaude Frédéric
Published: June 2017

This chapter considers the relevance of applying the notion of “technique” to the dance domain. A single phrase summarizes why we might object to the notion’s application here: namely, dance is a technique without object. Hence the chapter offers three distinct lines of argument that help to clarify just how dance lacks an object and hence why it eludes conceptualization in terms of technique. First of all, the lack of object implies that there is no strict or determinate finality at stake. Secondly, dance lacks an object in the sense of lacking a product or not being a form of production. Thirdly and finally, the idea that dance lacks an object also suggests an absence of tools or instruments.
Intending the Unintentional, Repeating the Unrepeatable
Authors: Pouillaude Frédéric
Published: June 2017

This chapter examines the contemporary relationships between improvisation and composition, precisely insofar as these apparently distort how we conventionally conceive of both the work and technique. It questions and qualifies the twofold definition of technique as bodily mastery and as arche-writing by considering contemporary improvisation practices. The chapter attempts to render dialectical the very idea of “bodily mastery,” since the space of improvisation only opens (at least from the utopian perspective) once the intentional project is abandoned. It also questions the notion of the choreographic work, understood merely as a combination of pre-given choreographic entities (steps, poses, and so on).
Section 2
Authors: Pouillaude Frédéric
Published: June 2017

The first feature of the transformation described above consists in the dissolution of stable companies. Temporary and local coalitions took the place of stable teams of salaried collaborators (what used to be called “companies). These coalitions brought together around a defined project a group of individuals with their own independent artistic careers. The coalition model is both liberal and libertarian, in linking labor to the temporary mission and the circumscribed consent of the participants. Yet its presence in dance is not merely a response to economic pressures, as the dissolution of Mathilde Monnier’s company in 1999 indicates. This was not driven by real financial necessity (the company was well known and in receipt of funding as a Centre Chorégraphique National) but rather responded to the state of impasse generated by salaried employment within a company (what Monnier calls “family neurosis”) and to an acute consciousness that the reciprocal engagement of dancer and choreographer did not reach beyond mutual investment in particular projects. Precarity of labor thus became an internal artistic norm. The absence of permanent (or at least long-term) contracts for performers was no longer deplored; such contracts were shunned for reasons internal to artistic production. The regime of freelance work was no longer a poor substitute for coveted salaried employment; it became the social manifestation and indispensable accompaniment of dance artists’ acceptance and embodiment of economic liberalism. Boris Charmatz articulates the shift in exemplary fashion, defining freelancing as “accepting and embodying (social) precarity for the benefit of (artistic) exchange” (...
Section 3
Authors: Pouillaude Frédéric
Published: June 2017

In the previous section, we saw how contemporary choreography reflects on the essence of the stage and its contemporaneity, in the very moment of performance itself. In parallel, a renewed consciousness of historicity and memory is also evident, complementing rather than opposing the transformations outlined. In the contemporary moment that I am trying to describe, there is a desire to wrench dance from its subjective absence of history, from its fixation in the perennial routines of tradition, as well as from its imprisonment in the bare present of experience. Dance-making seeks to ...
Conclusion (2)
Authors: Pouillaude Frédéric
Published: June 2017

This second conclusion to the book proposes two distinctions which could form the basis of a classification of the various art forms. There are arguably two essential features which define the concept of the work: The work is an object that is both public and durable. The chapter applies this definition to the art of human movement. It details what is meant by the “art of movement.” Finally, the text returns to the notion of unworking. Choreographic unworking ultimately only manifests the power of powerlessness itself.
Introduction
Authors: Lauria Federico , Deonna Julien A.
Published: June 2017

Desire has not been at the center of recent preoccupations in the philosophy of mind. Consequently, the literature settled into several dogmas. The first part of this introduction presents these dogmas and invites readers to scrutinize them. The main dogma is that desires are motivational states. This approach contrasts with the other dominant conception: desires are positive evaluations. But there are at least four other dogmas: the world should conform to our desires (world-to-mind direction of fit), desires involve a positive evaluation (the “guise of the good”), we cannot desire what we think is actual (the “death of desire” principle), and, in neuroscience, the idea that the reward system is the key to understanding desire. The second part of the introduction summarizes the contributions to this volume. The hope is to contribute to the emergence of a fruitful debate on this neglected, albeit crucial, aspect of the mind.
Desiderative Inconsistency, Moore’s Paradox, and Norms of Desire
Authors: Wall David
Published: June 2017

What is wrong with desiderative inconsistency, having essentially conflicting desires that cannot possibly be satisfied at the same time? It was recently argued that attempts to explain this in terms of logical inconsistency, preventing action, or a failure of rationality are unsuccessful and having such desires is no worse than having desires that merely contingently conflict, if it is bad at all. But in fact having either essentially or contingently conflicting desires involves violating norms of desire, particularly, a norm of avoiding frustration. Appealing to a counterpart of Moore’s Paradox for desire shows this is a genuine norm, and violating it is a mistake of sorts. Furthermore, having essentially conflicting desires violates this norm, makes this mistake, necessarily. This helps explain why having essentially conflicting desires is especially bad, and explaining it in terms of the norms of desire helps us understand the nature of that type of mental state.
Do We Really Need to Build Better Students?
Authors: Burrus Jeremy , Mattern Krista D. , Naemi Bobby D. , Roberts Richard D.
Published: June 2017

This chapter introduces the book by asking the question of whether “building better students” to improve the state of workforce readiness, which is currently experiencing a “skills gap,” is really a necessity. The chapter concludes that building better students is indeed necessary and introduces one theory for how society reached this point. This theory has four components. First, the rate of technological innovation is increasing. Second, this technological innovation has led to more technology usage at work. Third, more technology usage at work has led to a shift in the activities conducted at work. Finally, the shift in work activities has led to employers heavily emphasizing certain skills over others. The skills gap is occurring because our education system has not yet adjusted in accordance with these new emphases. Evidence for each component in the theory is provided.
Workplace Readiness and Personnel Selection
Authors: Sackett Paul R. , Walmsley Philip T.
Published: June 2017

This chapter addresses four principal topics. First, it provides an overview of definitions for the concept of workplace readiness and presents a summary set of dimensions on which these definitions differ. Second, it presents overarching themes describing personnel selection procedures in work organizations. The chapter focuses on the design and use of selection systems, with an emphasis on factors affecting personnel selection strategy decisions, such as choices about organizationally valued criteria and contextual factors such as selection ratios. Third, the chapter summarizes efforts to identify and converge on a substantive taxonomy of workplace readiness model content, with an emphasis on the attributes in readiness models. Fourth, it presents recent integrative research as an example of one avenue for investigating the importance of personality attributes as they relate to workplace readiness. This final section describes work that drew on consideration of many of the topics presented throughout the chapter.