bluuebunny/crossref_metadata_2025 huggingface dataset:
Reactive Flows
Authors: Brun Raymond
Published: May 2009

This chapter describes the chemical reactions occurring in high temperature gas flows from a macroscopic point of view. In equilibrium conditions, the law of mass action is established and examples are given, first for a single reaction (dissociation) and then for reactive gas mixtures. An application to the computation of flow quantities behind a shock wave in diatomic gases is presented. General formulas for reaction rate constants are given in non-equilibrium conditions. The vibrational relaxation is discussed and examples of TV and VV relaxation times are proposed. Typical non-equilibrium flows are examined in detail, such as flow behind a strong shock wave and expanding supersonic flow in a nozzle. Finally, an example of vibrational population evolution behind a straight shock wave is presented, as well as the air chemistry, including the ionisation processes.
Reactive Flows in the Dissipative Regime
Authors: Brun Raymond
Published: May 2009

This chapter examines reactive flows in dissipative regime in equilibrium and non-equilibrium conditions. It begins with a discussion of boundary layer flows, focusing on the influence of the chemical kinetics and of the wall catalycity on the wall heat transfer. Particular cases of vibrational non-equilibrium boundary layers are then examined, such as the boundary layer developing behind incident and reflected shock waves as well as along the walls of the divergent part of a supersonic nozzle. The results of computation of two-dimensional flows in nozzles and around various bodies are presented. The interaction between the non-equilibrium processes and the flow parameters is clearly emphasized. Similarly, an example of computation of a gasdynamic laser (CO2/N2) is presented. In the appendices, a few particular problems are examined, such as the vibrational catalycity, the use of the generalized Rankine-Hugoniot relations, the order of magnitude of transport terms, and a general view on the unsteady numerical methods used for solving Navier-Stokes equations in non-equilibrium conditions.
4 Universal 20 without the LCA
Authors: Abels Klaus , Neeleman Ad
Published: May 2009

This chapter argues that Cinque's (2005) result concerning the noun phrase internal order of demonstrative, numeral, adjective, and noun can be derived with- appeal to Kayne's (1994) Linear Correspondence Axiom. It claims that a theory which allows branching to the left and to the right but restricts (at least certain kinds of) movement to the left has a better chance of explaining universal word-order asymmetries than theories based on the Linear Correspondence Axiom, because these necessarily invoke movement in an unconstrained way.
6 Number agreement in the acquisition of English and Xhosa
Authors: Villiers Jill De , Gxilishe Sandile
Published: May 2009

The chapter considers the acquisition of number agreement in English, revealing asymmetries in production and comprehension. The possibility is explored that agreement is a post-syntactic phenomenon such that agreement on the target is inaccessible to interpretation. The consequences are explored for a radically different agreement paradigm, namely Xhosa.
10 If non‐simultaneous spell‐out exists, this is what it can explain
Authors: MaruŠIČ Franc
Published: May 2009

This chapter shows how non-simultaneous spell-out — a computational option argued for in Marušič & Žaucer (2006) and Marušič (2007) — can be used to explain two linguistic phenomena where the point of interpretation does not match the point of pronunciation. The interpretation of indefinites and quantifiers in raising constructions serves as the testing ground for this theory.
11 Valuing V features and N features: What adjuncts tell us about case, agreement, and syntax in general
Authors: Emonds Joseph
Published: May 2009

This chapter describes many superficially diverse adjuncts. These are then reduced to two types: underlying PPs and ‘agreeing’ adjuncts. It proposes to answer: Why only these two? A general principle for ‘valuing’ basic N and V features emerges, which identifies Abstract Case with ‘valued N’ and complement positions with ‘valued V’.
13 Homogeneity and flexibility in temporal modification
Authors: Csirmaz Aniko
Published: May 2009

Following an overview of time intervals in the clause, this chapter tackles the appropriate characterization of divisibility, the requirement of durative adverbs which can measure any of these times. The flexible view of temporal modification offers a natural account of a variety of novel phenomena and a coherent view of earlier accounts of durative modification.
14 The syntactically well‐behaved comparative correlative
Authors: Taylor Heather Lee
Published: May 2009

Following an overview of time intervals in the clause, this chapter tackles the appropriate characterization of divisibility — the requirement of durative adverbs which can measure any of these times. The flexible view of temporal modification offers a natural account of a variety of novel phenomena and a coherent view of earlier accounts of durative modification.
15 Some silent first person plurals
Authors: Kayne Richard S.
Published: May 2009

In order to account for morphosyntactic microvariation, an approach based on silent elements provides an alternative (one that is more tightly tied to other aspects of syntax) to an approach based on syncretism: languages are not more or less syncretic, they just happen to have a certain distribution of empty morphemes. This chapter analyses cases of 3rd person clitics in French and Italian (on, ci), which, in addition to their impersonal use, are also used as 1st person plural pronouns. It proposes that these impersonal pronouns do not convey 1st person plural, but rather a silent WE pronoun present in the syntax does. The chapter analyzes which element (WE o impersonal clitic) is responsible for a variety of syntactic phenomena.
16 From Greek to Germanic: Poly‐(*in)‐definiteness and weak/strong adjectival inflection
Authors: Leu Thomas
Published: May 2009

This chapter proposes a relativization structure for adnominal adjectives in which the pre-adjectival definite marker and the adjective form a constituent excluding the noun. This is supported by a unified perspective on Greek poly-(*in)-definiteness, Scandinavian double definiteness, and the Germanic weak/strong adjectival declension alternation, and reveals exciting parallels between the extended AP and the tensed clause.
3 A Class of Chronic Poverty Measures
Authors: Foster James E.
Published: May 2009

This chapter presents a new class of chronic poverty measures that can account for duration in poverty as well as the traditional dimensions of incidence, depth, and severity. The chapter proceeds as follows. Section 3.2 provides a brief overview of poverty measurement in a static environment to help ground the discussion of chronic poverty measurement. Section 3.3 introduces time into the analysis. The identification and aggregation steps are specified and the new family of chronic poverty measures is defined. Section 3.4 provides a brief application of the technology to data from Argentina, while Section 3.5 concludes the chapter.
8 Subjective Assessments, Participatory Methods, and Poverty Dynamics
Authors: Krishna Anirudh
Published: May 2009

This chapter discusses the stages of progress method for the assessment of poverty. It tracks households in five countries: four developing countries and the United States. The methodology has seven steps: (i) get together representative community group; (ii) discuss the objectives of the exercise; (iii) define poverty collectively in terms of stages of progress, then ask the question: if a poor household gets a bit more money what do they do with it?; (iv) define ‘x years ago’ in terms of a well-known signifying event; (v) list all village households, and then ask about each household's stage at the present time and x years ago; (vi) categorize all present-day households into chronically poor or not; and then (vii) take a random sample within each category to ascertain reasons for change or stability. To cross-check the reliability of the method, researchers share the results with key informants, before leaving the community, to see whether they agree with the findings.
10 Poverty Measurement Blues
Authors: Toit Andries du
Published: May 2009

Discussions about the limits of econometric approaches to understanding poverty are often framed as if the central differences are those between quantitative and qualitative method and as if the key issue up for discussion is the best way of ‘integrating’ them. This chapter argues that it is necessary to go further. It considers the difficulties that arise out of the domination of development studies and poverty research by what is here called the ‘econometric imaginary’: an approach that frames questions of social understanding as essentially questions of measurement. But, although the limitations of the econometric imaginary clearly illustrate the need for qualitative modes of research and understanding, more is needed than various methods of combining or ‘integrating’ qualitative and quantitative approaches, as if these are traditions that can be connected to one another without themselves being transformed or affected; or as if they proceed from a set of underlying assumptions that can seamlessly merge.
15 Toward an Economic Sociology of Chronic Poverty
Authors: Woolcock Michael
Published: May 2009

This chapter focuses on both expanding and refining the analytical scope of the ‘social’ (or non-economic) aspects of chronic poverty. The chapter is structured in six sections. Section 15.2 briefly looks at how poverty generally, and chronic poverty in particular, is explained in the current policy literature, with a focus on ‘poverty traps’ and (more recently) ‘inequality traps’. It is argued that three strands of scholarship in the non-economic social sciences have exerted quite considerable influence at the level of contemporary policy discourse (and to a lesser extent, practice), and that critics, especially those within these disciplines, have been slow to recognize this fact. Section 15.3 argues that these successes cannot do the heavy intellectual lifting required for a more comprehensive social theory of chronic poverty, and that, as such, a new edifice must be constructed and negotiated for. Section 15.4 provides three brief case studies of selected aspects of chronic poverty to demonstrate both the influence and the limits of prevailing approaches. Section 15.5 provides a defence of three constituent realms of a broader social theory of chronic poverty, namely systems of social relations, rules, and meaning. Section 15.6 concludes.
Corporate Accountability in International Environmental Law
Authors: Morgera Elisa
Published: May 2009

This book examines the highly topical question of the current and future role of international environmental law in directing and controlling the environmental conduct of business enterprises, in particular multinational corporations. It replies to this question through the identification of corporate accountability standards and their implementation by international organizations. The book examines systematically all international sources of corporate accountability standards in the specific area of environmental protection and elaborates on their theoretical and practical implications for international environmental law. The book argues that although international environmental treaties do not bind multinational corporations and other business entities, growing international practice points to the emergence of legal standards that allow adapting and translating inter-State obligations embodied in international environmental law into specific normative benchmarks to determine the legitimacy of the conduct of the private sector against internationally recognized values and rules. The book also focuses on the role of international organizations in selecting international environmental standards and promote their application to business entities, in the absence of State intervention. The book analyses the growing practice of international organizations, which are driving a process of emergence of international standards for corporate environmental accountability. Furthermore, the impact of international organizations' direct relations with the private sector is also assessed, as it significantly contributes to ensuring that private companies comply with international environmental standards.
The Need for Corporate Environmental Accountability
Authors: Morgera Elisa
Published: May 2009

This chapter provides an overview of egregious cases of corporate environmental damage and the day-to-day negative impacts of the private sector. It then addresses recent initiatives at the international level based on the desirability of the private sector's proactive contribution to the attainment of internationally agreed goals and the implementation of multilateral environmental agreements. It briefly discusses the role of the private sector in relation to ecosystem services. The chapter aims at providing the pragmatic and ethical justification for the study.
The Shortcomings of Traditional Legal Solutions
Authors: Morgera Elisa
Published: May 2009

This chapter provides the necessary theoretical justification to the study. It highlights the shortcomings of traditional legal solutions to ensure the environmentally sound conduct of private companies through home and host State control, international State responsibility, and international environmental regimes for civil liability. Corporate environmental accountability is therefore presented as an immediate way—additional to traditional legal solutions (such as home and host State control, international State responsibility, and international civil liability regimes)—to contribute to equalizing the international protection afforded to foreign direct investment and multinational companies with expectations of reasonably acceptable environmental conduct.
A Contribution of Human Rights Monitoring Bodies?
Authors: Morgera Elisa
Published: May 2009

This chapter provides an analysis of the growing case law on the environmentally irresponsible conduct of private companies. It first concentrates on national courts facing claims of international environmental NGOs and victim groups calling for the direct application of international environmental rules upon private corporations. It then turns to the international level, assessing the extent and the basis upon which human rights monitoring bodies consider the conduct of private companies. The chapter also analyses the legal arguments put forward in the pleadings before national and international courts, and concludes with an assessment of the contribution of this practice to the definition of corporate environmental accountability.
Tools for Compliance
Authors: Morgera Elisa
Published: May 2009

This chapter frames in more theoretical terms the discussion on available mechanisms at the disposal of international organizations for encouraging or ensuring compliance with standards in their present legal form. The existence of implementation mechanisms is a factor upon which the effectiveness of legal tools, whether binding or not, depends. All means to enforce or otherwise facilitate the effective implementation of standards are considered. Attention is drawn to the ‘indirect’ forms of enforcement such as international networks for the diffusion of information, verification and monitoring that ensure ‘compliance’, understood as the actual respect of substantive requirements of the agreements in the actual behaviour of those concerned.
Conclusions
Authors: Morgera Elisa
Published: May 2009

Shifting attention from the activities of international organizations, the concluding section of the book also considers ways in which states, NGOs, and the private sector itself can put corporate environmental accountability standards into effect. Attention is drawn to the role of national legislators and judges, the possibility of negotiating an international agreement on the standards of conduct for business and consequences of non-compliance, the inclusion in bilateral investment treaties of obligations for investors to comply with international environmental standards, among others.
Introduction
Authors: Clark David
Published: May 2009

The Introduction sets out the premises of the book and situates it in its critical context before providing an overview of the book's structure. As this chapter states this book aims to show that provocative and productive questions still exist to be asked about sexual acts and identities in the medieval period, that traditional interpretations of texts are often coloured by cultural assumptions which are anachronistic, and that Old English texts can provide a challenging perspective on how the way in which we write and think about interpersonal relations maps onto our lived experience of friendship, sex, and everything in between.
1 A Fine Romance?Wulf and Eadwacer,The Wife's Lament, andThe Husband's Message
Authors: Clark David
Published: May 2009

The first chapter analyses three poems most often considered to be about heterosexual romantic love as a means of destabilizing at the outset assumptions often made about Old English texts. It argues that such interpretations often rest upon heterosexist and anachronistic preconceptions which are invisible because they lay implicit claim to be normative. It also reviews the arguments which claim male narrators for Wulf and Eadwacer and The Wife's Lament and the reception of these critical manoeuvres. It concludes with a call to examine more rigorously our cultural assumptions about the Anglo‐Saxon period and its literature, and by acknowledging the primacy of homosocial desire.
2 Germanic Pederasty: The Evidence of the Classical Ethnographers
Authors: Clark David
Published: May 2009

Chapter 2 reviews the ethnographical evidence available which suggests that the pre‐Migration Germanic tribes may have practised pederasty and same‐sex rites of initiation, also comparing accounts of similar practices among the Celts. It explains apparently countervailing evidence from Tacitus's Germania by adducing the Old Norse discourse of nið, where only the passive partner in same‐sex acts seems to have been stigmatized. It forms a pair with the following chapter which, with this heritage in mind, seeks to uncover the range of attitudes to same‐sex activity in Anglo‐Saxon England.
3 Attitudes to Same‐Sex Activity in Anglo‐Saxon England:earg, the Penitentials, and OEbædling
Authors: Clark David
Published: May 2009

This chapter begins by reviewing a limited amount of evidence which suggests that the Anglo‐Saxons may have had a less well‐developed concept of ergi, and concludes that, even given the paucity of what material has survived, it is nevertheless probable that the Anglo‐Saxon assumption in secular circles was that it was normal to be the insertive partner in sex with both men and women but that passivity and effeminacy were strongly stigmatized. Noting the problems of correctly interpreting the significance of legal and ecclesiastical texts as evidence for the incidence of contemporary same‐sex acts and attitudes to them, this chapter emphasizes the fact that there are no extant secular legal penalties from Germanic societies, including Anglo‐Saxon England. It assesses the evidence of the Anglo‐Saxon penitentials, which penalize a range of same‐sex acts, and discusses the obscure term bædling and its implications for the concept of a distinct Anglo‐Saxon sexual identity.
8 Monastic Sexuality and Same‐Sex Procreation inThe Phoenix
Authors: Clark David
Published: May 2009

This chapter analyses the repudiation of male‐female sexuality in The Phoenix and its presentation of asexual, solitary, and spiritual reproduction. It questions how far the spiritualization of sex and gender problematizes the poem's allegorical construction of the monastic environment, and sets up a rich and paradoxical dynamic that reflects a contradictory attitude to same‐sex intimacy and productive anxieties.
Law and Republicanism: Mapping the Issues
Authors: Besson Samantha , Luis Martí José
Published: May 2009

This introductory chapter discusses some of the fundamental theoretical principles underlying republicanism in general, and legal republicanism in particular. The goal is to set a research agenda for the years to come through a survey of the main issues raised by legal republicanism. The chapter identifies central issues that constitute the focal point of most disagreements internal to the republican tradition.
Law and Liberty
Authors: Pettit Philip
Published: May 2009

This chapter is divided into two main sections. The first section lays out the essential features of the republican way of thinking about freedom, setting it in contrast to Bentham's view. The second shows how coercive laws might not represent an assault on freedom. The chapter concludes by addressing the issue of why the debate is important and why the republican viewpoint is appealing.
Cosmopolitan Republicanism and the Rule of Law
Authors: Bohman James
Published: May 2009

This chapter discusses a republican conception of the rule of law. It argues that republican freedom demands more of the rule of law than either the formal requirements of justice as regularity or the constraints and immunities of liberal constitutionalism. The fundamental requirement of the republican rule of law is the ‘right to right’: the legal status and political standing that are sufficient for the exercise of the normative powers necessary to change reflexively the legal and political order.
Republicans, Rights, and Constitutions: Is Judicial Review Compatible with Republican Self-Government?
Authors: Honohan Iseult
Published: May 2009

This chapter argues that constitutional judicial review can be understood as forming a part of republican self-government, even if greater emphasis is placed on citizen participation than other positions. It begins by arguing that, rather than the two conceptions of freedom as non-domination and as self-government leading to two opposed accounts of republican government, these are in practice mutually complementary dimensions of freedom. Moreover, the idea of republican political autonomy accommodates a particular conception of rights. It entails an institutional framework that requires participatory institutions and multiple public spheres of deliberation, rather than focusing on a representative legislative assembly. These institutions include judicial review, which can be seen not only as defending the basis of republican self-government but as part of the process of self-government itself.
The Republican Democratization of Criminal Law and Justice
Authors: Luis Martí José
Published: May 2009

This chapter presents a brief characterization of penal republicanism in general and explores the concrete implications of one of the main principles supported by that theory: the principle of democratization of criminal law and the criminal justice system. The adoption of that principle is a consequence of the general, republican ideal of self-government and deliberative democracy. In supporting the principle, penal republicanism opposes both penal elitism and penal populism. Two versions of the republican theory of criminal law can be identified — one more strongly democratic than the other — depending on whether they emphasize the opposition to one doctrine or the other. The strongly democratic version of penal republicanism is defended.
The Republican Foundations of International Law
Authors: Sellers Mortimer N.S.
Published: May 2009

This chapter focuses on republican principles of international law. It argues that the history of international law reveals a commitment to republican principles of liberty, equality, and the common good that justify the law's authority against even the most powerful states. This has strong implications for international institutions, which will gain legitimacy and authority as they conform to well-known standards of republican government already embedded in many national and federal constitutions. The opposite is also true: international law will lose legitimacy and authority if it strays from its justifying principles or disregards the deliberative procedures of the republican form of government.
Multilateral Dimensions of Republican Thought
Authors: Francis Cheneval
Published: May 2009

This chapter analyses the important implications of republican thought for the conception of a multilateral legal order. It conceives republican multilateralism as the institutional form individual republics can create together without compromising the fundamental principle of self-government, and by which they jointly realize the goals of civic republicanism and republican government in a more coherent manner. It proposes a certain type of multilateral integration as the republican alternative to cosmopolitanism. Following a precise description of multilateralism, it focuses on three thematic clusters in which republican thought makes a substantial contribution to multilateralism: the systemic consequences of the domestic republican structure of Member States of the multilateral system; the theory of ‘democratic peace’ among republics and the overcoming of the ‘security dilemma’ of international relations among republics; and the citizenship of individuals and peoples understood as constitutive of an equitable multilateral order.
Alternative Visions of a New Global Order: What Should Cosmopolitans Hope For?
Authors: Lafont Cristina
Published: May 2009

In a series of recent articles, Habermas outlined the basic features that a future international order ought to have. Although so far we only have the contours of the model, the combination of normative and realistic considerations that it contains clearly indicates that the project belongs to the genre of realistic utopias. However, since the model has not yet been fully developed, the exact tradeoffs between realist and utopian elements are not easy to assess. So far at least, the way in which Habermas has presented the model is ambiguous. It allows for a normatively robust reading that suggests a very ambitious model for a future international order, but it also oscillates towards a deflated, minimalist reading that may seem more realistic and thus easier to defend but not worth defending. This chapter defends its plausibility and desirability by analysing and criticizing some considerations and lines of argument that Habermas offers while explaining the model and which seem to lend support to the normatively deflated reading.
On Republican Constitutionalism in the Age of Commerce: Reflections from the Scottish Enlightenment
Authors: Tomkins Adam
Published: May 2009

This chapter presents a vision of republican constitutionalism that emanates from the political conflicts of 17th-century England. It explores the tension between the values of republican constitutionalism and those of commercial society by revisiting the work of those who were among the first to identify this tension as a problem for the modern world: namely, the thinkers of the Scottish Enlightenment. An exploration of the relationship between law, the constitution, government, and commerce was a core concern of the Scots of the Enlightenment. The chapter focuses on the work of John Millar, who wrote about these themes from the perspective of a lawyer: Millar was Regius Professor of Law in the University of Glasgow for forty years (1761-1801) and, among his many legal interests, was an abiding fascination with constitutional law. It is argued that his work and that of his Scottish contemporaries, is deeply revealing both of the complexities and of the pressing vitality of seeking to accommodate republican law and constitutionalism within the fabric of a society that privileges wealth, property, and commerce over the values associated with the participation in public life that self-government apparently requires.
Regime-Building
Authors: Tansey Oisín
Published: May 2009

This book is a study of regime change in the context of international administration, where the United Nations and other multilateral organizations hold temporary executive authority at the domestic level. Work on the politics of state-building has highlighted how these administration operations can influence nearly every aspect of politics in the country or territory in which they are deployed. This book concentrates in particular on the ‘regime-building’ practices of these missions, and examines the aims and influences of international administrations in the area of democratic development, as well as their ultimate impact on the process of regime change. Through a comparative analysis of events in Bosnia, Kosovo, and East Timor, the book demonstrates how external actors assume positions of power conventionally held by domestic elites, and in so doing gain the ability to affect democratic development in ways unavailable to international actors in more conventional settings. In particular, the case studies highlight the ways in which the democracy promotion objectives of international administrators can have both positive and negative effects on democratization processes, with the presence of international authorities helping to rule out non-democratic options in some areas, while at times undermining democratic development in others. The book identifies the key international actors involved, highlights the mechanisms of influence available to them in these contexts, and explores the crucial mediating role of domestic actors and structures.
International Administration and Democratic Regime‐Building
Authors: Tansey Oisín
Published: May 2009

This chapter explores two issues that are at the heart of this study, namely the rise of international administration of territory as a practice in international relations, and the similarly significant emergence of democracy as the preferred form of governance for many in the international community. The first section explores the changing nature of international administration during the 20th century, and culminates in an examination of contemporary international administration missions and a discussion of the particular cases that will be examined in the following chapters. The second section explores the rise of the norm of democracy and the practice of international democracy promotion, addressing the shift in both international ideas and practices regarding democratic governance and the increasing role of international authorities in relation to domestic processes of regime change.
Democratization Theory and International Administration
Authors: Tansey Oisín
Published: May 2009

This chapter uses and modifies some of the concepts developed in the transitions literature in the past in order to develop a theoretical framework that can incorporate the extensive international involvement entailed in international administration. In particular, this involves re-examining the idea of the mode of transition, which has usually been accounted for with reference to domestic variables alone, and modifying it to incorporate the role of international actors. The chapter also explores the particular mechanisms through which international forces influence domestic level politics, and highlights the positive and negative affects this form of international involvement can have. Finally, it identifies three core arenas of democratic transition and highlights the key points of interaction in each arena between domestic and international forces.
What Counts as Domestic Violence?
Authors: Madden Dempsey Michelle
Published: May 2009

This chapter analyses the conceptual structure of domestic violence and critiques various influential accounts of domestic violence presently operating in the criminal justice system, academia, and domestic-violence advocacy communities. It begins by presenting a preliminary analysis of domestic violence which distinguishes its three key elements: violence, domesticity, and patriarchy. It then sets forth an explanatory model of domestic violence based upon these elements. This model is put to work in an examination and critique of four principal accounts of domestic violence, each of which reflects the conflicting ways in which the concept of domestic violence is used in the language and methodology of the criminal justice system, academia, and advocacy communities. Finally, the chapter endorses a key conceptual distinction between domestic violence in its strong sense (where domestic violence tends to sustain or perpetuate patriarchy) and domestic violence in its weak sense (where it does not).
Introduction
Authors: Raz Joseph
Published: May 2009

This introductory chapter begins with a discussion of theories of law. It argues that it is essential that the law recognizes that its use of power is answerable to moral standards and claims to have reconciled power and morality. An overview of the three parts of the book is presented.
Can There be a Theory of Law?
Authors: Raz Joseph
Published: May 2009

This chapter argues that a theory of law is successful if it meets two criteria: first, it consists of propositions about the law which are necessarily true, and, second, they explain what the law is. The chapter clarifies the relationship between this thesis and the traditional way of understanding the task of legal theory as explaining the concept of law. It then examines several difficulties with the idea that there can be a theory of law in general, a theory which since true is necessarily true of the law wherever and whenever it is to be found. The problems examined arise out of the changing nature of concepts, out of the dependence of law on concepts, and out of the alleged impossibility of understanding alien cultures, using alien concepts.
Two Views of the Nature of the Theory of Law: A Partial Comparison
Authors: Raz Joseph
Published: May 2009

This chapter considers the theses of Ronald Dworkin and HLA Hart. It explains (1) why Dworkin was wrong to think that Hart and others were concerned with the meaning of the word ‘law’; (2) why nevertheless if the semantic sting is a good argument against explanations of the meaning of the word ‘law’ it is also a good argument against any explanation of the concept of law, including that which Hart provides; and (3) why it is a bad argument. It then explains some mistakes that may have led Dworkin to endorse his third thesis about the nature of legal philosophy, namely the thesis that jurisprudence is a silent prologue to any legal decision.
Interpretation Without Retrieval
Authors: Raz Joseph
Published: May 2009

Interpretation involves explaining, showing, or displaying the meaning of the object of interpretation. Interpretation is therefore often thought to be retrieval, a process of retrieving and elucidating the meaning the original has. This chapter shows that the ideas associated with the retrieval picture are mistaken or misleading. It focuses on interpretation of works of art, music, and literature, and offers abstract account of interpretation which can be modified to apply to other standard objects of interpretation (e.g., the law, historical events, rituals, and social customs). The account allows for a more balanced view of the different ways in which authors' intentions can play a role in interpretation.
Intention in Interpretation
Authors: Raz Joseph
Published: May 2009

This chapter focuses on the role intention must have in the interpretation of legislation. It argues that the doctrine of authority provides the foundation for the role of conserving interpretation in adjudication. In the practice of adjudication, interpretation features even where the doctrine of authority does not extend, and where conserving interpretation is either impossible or unjustified. However, the question of why and when should the courts use innovative interpretation as the morally correct way of deciding cases remains to be answered.
Interpretation: Pluralism and Innovation
Authors: Raz Joseph
Published: May 2009

This chapter presents a case for legal innovation and change within a stable, continuous legal framework. It proceeds in two stages. First, it puts the case for innovative interpretation. It shows how the general view of interpretation applies to legal interpretation as we know it. It then presents a brief discussion of the limits of interpretation.
On the Authority and Interpretation of Constitutions: Some Preliminaries
Authors: Raz Joseph
Published: May 2009

This chapter discusses the authority and interpretation of constitutions. A principle of constitutional theory that commands widespread support says that the principles of constitutional interpretation depend in part on the theory of constitutional authority. In determining the conditions for constitutional legitimacy, the theory of the authority of the constitution contributes to the determination of principles of interpretation. It is argued that this sound principle is also the source of many false analogies motivated by attempts to assimilate the authority of the constitution to that of other parts of the law.
First the Music, and Then the Words
Authors: Kivy Peter
Published: May 2009

This chapter begins with a discussion of Salieri's opera, or, rather, Casti's libretto, which holds the key to the origins of musical formalism in the late 18th century, and to the origins of the focus of this book — the ancient quarrel between music and literature. It argues that the first wave of musical interpreters of the new absolute music, faced with the phenomenon of a rapidly growing instrumental repertoire, turned to the familiar, if somewhat less than commonplace practice of writing words to precomposed music, for their interpretive method. What was heard by these interpreters in absolute music was wordless drama. And, as interpreters, they became the composers' (sometimes unwelcome) librettists. But while narrative, dramatic interpretations may have been the more abundant, critics and theoreticians were also struggling with another concept of absolute music that would lead to Hanslick's formalism, and other formalisms to come. It was the concept of absolute music as a pure sonic structure with no secret or underlying meaning at all.
Designs À La Grecque
Authors: Kivy Peter
Published: May 2009

In the 18th century, when music was under discussion it was vocal music that was almost always was talked about by philosophers and other ‘theorists’ of the arts. There wasn't any real problem with vocal music's membership in the family of the fine arts since it had a poetic text, and there was never any doubt that poetry was a fine art: indeed it was the paradigm case. Also, what the fine arts were supposed to have in common, as their defining principle, was representation. And vocal music, since the end of the 16th century, had been understood as a representational art: it represented the passionate tones of the human speaking voice. The bone of contention was pure instrumental music: music without a text, what came to be called ‘absolute music’ in the 19th century. The problem was that it was difficult to see how, if representation was to be the defining property of the fine arts, that principle could apply to absolute music. For it seemed to have no plausible object of representation: the human voice seemed an unlikely candidate, although it was proposed from time to time; and there was no other in evidence to serve the purpose, if the human voice could not. In the context of the debate over whether or not absolute music is one of the fine arts, this chapter examines Kant's philosophy of music as a whole, and his musical formalism in particular.
Shostakovich's Secret?
Authors: Kivy Peter
Published: May 2009

This chapter argues that the logically proper way to see the spate of recent attempts to put narrative interpretations on the works of absolute music, accepted as such in the canon, is to see them as attempts to demonstrate that these works are not works of absolute music at all but, in reality, programmatic works mistakenly taken to be works of absolute music. To do otherwise — in particular, to describe these interpretations as imparting narrative content to absolute music, as defined — is a logical howler. It is further argued that the bar for successful narrative interpretation of the absolute music canon — which is to say, the successful demonstration that an alleged work of absolute music is in reality program music a clef — must be raised.
Attention, Ritual, and the Additive Strategy
Authors: Kivy Peter
Published: May 2009

This chapter begins with a discussion of what might be called the ‘attitude of rapt attention’ to works of absolute music. It then explores the mystery of absolute music. It considers the views of Malcolm Budd, who argued that there is no mystery, at least no philosophical mystery, here at all.
Empty Pleasure to the Ear
Authors: Kivy Peter
Published: May 2009

This chapter argues that the feeling of ecstasy, exaltation, or passionate enthusiasm that absolute music in its highest manifestations calls forth in its devotees, is of an intrinsic worth beyond price, and during the time one is experiencing it one is, on that account, a better person. It may not be an enduring moral force in the world, or a revelation of a deeper reality, but it is great while it lasts. And if it makes us better in the moment, by affecting us in the way that it does, then this is more than can be said for most human experience, and more than enough to justify the esteem in which it is held.
Practical Intelligence and the Virtues: An Aristotelian Approach
Authors: Russell Daniel C.
Published: May 2009

This chapter sets forth the main aim of the book, viz. to argue that virtue ethics cannot survive without the thesis that phronesis, much as Aristotle conceived of it, is a crucial part of all the virtues, and that this thesis is defensible and attractive. It examines Aristotle's account of deliberation and phronesis in some detail. The chapter concludes by summarizing some of the main contemporary controversies surrounding the view that phronesis is necessary for virtue.
Right Action and ‘The Virtuous Person’
Authors: Russell Daniel C.
Published: May 2009

People often describe virtue ethics as holding that an action is right if and only if it is what an agent with a virtuous character would do in the circumstances. Nonetheless, virtue ethicists in recent years have increasingly retreated from ideas about what “the virtuous person” would do, viewing such ideas as too abstract and idealized to be of much real use. This chapter explores these objections, and particularly Christine Swanton's virtue ethical account of right action which avoids making any reference to ideal virtuous persons. Swanton argues that such ideals are perilous, and treats virtue as a “threshold concept”, on which one need only be “virtuous enough” to be genuinely virtuous. It is argued that “virtuous enough” has meaning only by relying on an ideal of virtuousness after all, that that ideal threatens none of the perils that worry Swanton, and that that ideal must include phronesis.
Individuating the Virtues
Authors: Russell Daniel C.
Published: May 2009

This chapter proposes resolving the enumeration problem (explained in Chapter 5) by sorting the virtues into a structure of “cardinal” and “subordinate” virtues, and it examines three main issues in support of such an approach. First, the chapter considers various criteria for individuating virtues, and defends the view that virtues are individuated by the kinds of reasons to which the virtues are responsive. Second, since such a criterion relies on the idea that two superficially distinct virtues may actually be responsive to reasons of the same kind, the chapter examines the difficult idea that one reason can be “of the same kind” as another reason. And third, the chapter defines cardinality, and the relation between cardinal and subordinate virtues, such that subordinate virtues are responsive to reasons “of the same kind” as the cardinal virtues to which they are subordinate. The chapter concludes with several implications for the thesis that phronesis must be part of every virtue.
Situations and Dispositions: Examining the Evidence
Authors: Russell Daniel C.
Published: May 2009

This chapter examines a body of social-psychological experiments that appear to give evidence against dispositionist accounts of personality and in favor of the importance of situation construal for behavior — a central situationist claim. The interpretation of this evidence has been the subject of enormous recent philosophical controversy. Consequently, the chapter begins by examining the methodology behind these experiments. It then reviews a small but representative sample of four major experiments of this type, and then considers and rejects a number of objections to the situationist interpretations of the findings of these experiments. The chapter argues that the evidence favors situationism, and in particular a cognitive-affective personality theory over a dispositionist one.
From Situationism to Virtue Theory
Authors: Russell Daniel C.
Published: May 2009

This chapter turns from social psychology to philosophical psychology, arguing that the positive account of personality suggested by situationism is one that virtue theory can naturally embrace, provided that virtues are forms of responsiveness to reasons. It begins by further defending the empirical adequacy of such a personality theory, which some philosophical psychologists have ignored, played down, or explicitly rejected. The rest of the chapter considers several possible virtue-theoretical responses to John Doris' recent charge that no virtue theory embracing the situationist view of personality could be both empirically and normatively adequate. The chapter rejects Doris' assumption that a normatively adequate virtue theory must depict virtues as proclivities to stereotypically “virtuous” behaviors. Rather, the virtue theorist can define character traits in terms of cognitive-affective personality attributes, and define virtues as character traits that are appropriately responsive to reasons. The chapter concludes that virtue theories that make phronesis part of all virtue are in the unique position of standing firmly on the current evidence from social psychology about the nature of personality.
Resisting Temptations to ‘Justice’
Authors: McInnes Mitchell
Published: May 2009

This chapter examines the danger that, without proper appreciation of the underlying philosophical foundations of the subject, courts are apt to use the action in unjust enrichment to serve individualized notions of ‘justice’. It begins with an explanation of the principle of corrective justice that generally is thought to underlie the law of unjust enrichment. It then examines the extent to which courts in different jurisdictions have adhered to those foundations. First, because English courts have remained close to the principle of corrective justice, they seldom have resolved restitutionary claims by reference to intuitive notions of fairness or justice. Second, because Canadian courts occasionally have lost sight of the principle of corrective justice, they occasionally view cases of unjust enrichment as opportunities for achieving ‘equitable’ results on the basis of judicial discretion. Third, because of the effects of the American realist movement, American courts frequently have used the principle of unjust enrichment as a means of securing largely political goals of ‘social justice’.