bluuebunny/crossref_metadata_2025 huggingface dataset:
On the Authority of Papal Encyclicals
Authors: Böckenförde Ernst-Wolfgang , Künkler Mirjam , Stein Tine
Published: January 2021

In this article Böckenförde connects two of the most important concerns throughout his life: the freedom of man and the constitution of the Catholic Church. Böckenförde shows that papal encyclicals are inherently fallible, demonstrated historically for example with reference to magisterial statements on religious freedom, which as late as the nineteenth century condemned religious freedom as leading to the dissolution of the divinely given order of truth. Böckenförde shows that this position is based on a perceived unity of morality and juridical law, which fails to distinguish their respective functions. Böckenförde then discusses the ‘Declaration on Religious Freedom’ by Vatican II as an epochal shift from the right of truth to the right of the person, endorsed with a theological legitimation, namely the dignity of the human person arising from the likeness of God. Böckenförde also proposes that the authority of encyclicals is dependent on the question of how far encyclicals are open to internal criticism, which does not signal a lack of faith, but rather an important corrective that needs to be taken into account by the magisterium based on the concept of sensus fidelium. Without such engagement, the connection between the authority of the teaching staff, which traditionally provides meaningful orientation, and the faithful’s willingness to follow, is in danger of dissolution. As Böckenförde elucidates with reference to the Codex Iuris Canonici of 1983, the political practice inside the Church is far from permitting such engagement. Böckenförde’s concluding remarks are dedicated to the need for canon law reform.
Human Dignity as a Normative Principle
Authors: Böckenförde Ernst-Wolfgang , Künkler Mirjam , Stein Tine
Published: January 2021

Böckenförde was one of the most outspoken critics of attempts to legalize new biomedical techniques, such as human cloning, therapeutic cloning, and pre-implantation genetic diagnosis. In this article, he lays out why the legal principle of human dignity, enshrined in Article 1 of the German Basic Law, not only suggests but even requires the prohibition of such techniques. Drawing on the records of the 1949 Parlamentarischer Rat (the constitution-drafting body), he is able to show that with Article 1 the drafters sought to set a counterpoint to fascist Germany’s total negation of human dignity and that the preservation of human dignity was intended to be the highest and most pressing aim of the Federal Republic. Böckenförde notes further that the Federal Constitutional Court adopted the Kantian view that human dignity means every human being is an end in itself. But who is ‘every human being’? Does it include unborn life? Böckenförde answers in the affirmative and argues that the unborn therefore must be protected by the state from the very beginning of life, from the point of fertilization. Every other point in time in human development, such as the implantation of the embryo in the uterus, or the development of the central nervous system, would be arbitrary criteria for eligibility as a bearer of human dignity. Therefore, all biomedical techniques which treat the embryo not as an end in itself must be prohibited. He lays out the consequences of this argument in detail with regard to cloning and pre-implantation genetic diagnosis.
Dream to Emote
Authors: Llewellyn Sue
Published: January 2021

This chapter argues that we dream to emote, meaning to express compelling emotions. Relatedly, unconscious rapid eye movement (REM) dream images, driven by basic emotions, engender fast, intuitive, associative, unconscious actions. I look at whether REM sleep and dreams are cathartic for negative, fearful emotional experiences while, seemingly paradoxically, improving memories for them. I argue that constructing complex non-obvious patterns and depicting them in REM dreams may account for this seeming paradox. One of my own dreams, ‘quicksand’, illustrates. This chapter also introduces another brain structure: the amygdala. This makes us fearful while controlling our reactions to threats and dangerous situations.
Dream to Predict
Authors: Llewellyn Sue
Published: January 2021

This chapter emphasizes the predictive role of dreams in the sense of depicting a non-obvious pattern in past events in an image that is retained at an unconscious level. When assimilated with sensory data, this unconscious image then drives expectations during wake about what’s going on in the world and what will happen next. Across evolutionary time this was particularly useful when there was any ambiguity in sensory data during potentially dangerous situations. But although dreams predict, they don’t usually come true. Their primary evolutionary role was to avoid dangers. Acting on informed expectations precludes possible futures, like being eaten at the waterhole.
Dream to Reveal
Authors: Llewellyn Sue
Published: January 2021

My argument is that dreaming depicts complex patterns but not ones we have actually experienced because a dream is composed of elements from different experiences. Consequently, dreams reveal hidden patterns in our experience. These complex patterns are associative. Associations create meaning. So dreams will reveal personal meanings we have forged through experience but weren’t aware of during wake. Dream associations are non-obvious. We need insight to detect complex, non-obvious patterns. Since Freud we think of this insight as dream interpretation we undertake during wake. But there is also experimental evidence that we have better insight into complex patterns during sleep, as compared with wake.
Dream to Create
Authors: Llewellyn Sue
Published: January 2021

In rapid eye movement (REM) dreams elements are taken out of their waking-life context and associated to portray a complex, non-obvious pattern in experience. In the last chapter we looked at this process as insight into a hidden pattern; here, we focus on the novel nature of the pattern. A series of dream scenes creates a narrative that has not been experienced. REM dream narratives are new, counterfactual, or fictional, but this fiction emerges from associations between elements of previous experiences (or prior knowledge). In this chapter I argue that wake and dream states are not totally differentiated. In particular, creative people may be in a dream-like state during wake; this would enable them to combine the creativity of the dream state with the secondary consciousness of the wake state. In this hybrid, de-differentiated state, creative individuals could imagine innovative, socially valuable, rather than purely personally meaningful, creative products.
Dreams as Patterns, Fit with Freud and Other Dream Theorists
Authors: Llewellyn Sue
Published: January 2021

This final chapter summarizes my ‘dreams as patterns’ theory and compares it with those of Freud, who thought dreams express wishes—albeit ones that are disguised through associations; Revonsuo, who believes dreams simulate threats; and Hartmann, who thinks dreams make creative, emotional associations between experiences, all of which bear a relationship to my own ideas. I use one of my own dreams, ‘the museum’, to illuminate my core concepts and some of Freud’s. I also briefly discuss the positions of those, Hobson and McCarley, Crick and Mitchison, and Flanagan, who think (or thought) dreams are just noise, nonsense, or epiphenomena, i.e. that dreams are without meaning or purpose—clearly, the antithesis of my ‘dreams as patterns’ theory.
BRICS and emerging economies
Authors: Anand P. B. , Comim Flavio , Fennell Shailaja
Published: January 2021

The aim of this chapter is a comprehensive analysis of various aspects of the emergence of BRICS. We begin with an examination of the emergence of BRICS showing that BRICS have been members of the top fifteen largest economies in the world since 1960. In purchasing power parity terms, by 2015, BRICS equalled G7 countries in terms of share of global output. Various possible explanatory factors of their growth are examined. Though BRICS account for nearly half of global output growth, in terms of real per capita income they still have a long way to go. There are many challenges to BRICS in terms of levels of income and wealth inequalities, the educational inequalities as measured in terms of education-Gini, and the quality of their infrastructure, notwithstanding that the massive investment being made remains inadequate. The chapter ends with an analysis of global governance issues and four possible future scenarios for BRICS.
Rural–urban migration and its multidimensional impact in China
Authors: Meng Dan , Gao Yan , Li Xiaoyang
Published: January 2021

This chapter will begin by giving a clearer definition and classification of China’s migrant workers, a rather diversified and complex social group in China, and then explore how such a large-scale rural–urban labour flow taking place in this country in the past few decades has influenced (1) the well-being, both objective and subjective, of China’s rural–urban migrant workers; (2) the regional economies of the labour outflow and inflow areas; (3) the impact of rural–urban migration on the development of China’s primary, secondary, and tertiary industries; (4) China’s national policy regarding these third industries and the people engaged in them.
Diversification as a panacea for commodity price volatility in sub-Saharan Africa
Authors: Hailu Degol , Kipgen Chinpihoi
Published: January 2021

The prices of hydrocarbons and minerals are subject to severe fluctuations. As a result, commodity dependent countries in sub-Saharan Africa face serious fiscal and balance-of-payment deficits. In the short run, countries respond by changing output levels, withdrawing from sovereign wealth funds, drawing-down reserves, reducing public expenditure, scaling up domestic resource mobilization, and seeking external borrowing. However, all these options have serious drawbacks. In the long run, diversification of sources for tax and foreign exchange is the only viable solution. For instance, in commodity dependent countries, the manufacturing sector contributes 7 per cent of GDP, compared to 13 per cent in other resource dependent economies in Latin America, the Caribbean, and Asia. The current price shock presents yet another opportunity to embark on economic diversification strategies.
Reason, argument, and agitation
Authors: Clark David A.
Published: January 2021

Amartya Sen has argued that democracy has intrinsic and instrumental significance for economic and social development. In joint work with Jean Drèze, he has shown that democratic pressures can produce positive results in democratic and non-democratic nations alike. An Uncertain Glory briefly discusses the BRIC (Brazil, Russia, India and China) nations in this regard, but is inexplicably silent about South Africa (the final member of the BRICS). Can South Africa follow in the footsteps of the BRIC nations? Or might the South African brand of democracy really fall short? Reaffirming Drèze and Sen’s conclusion for India, this chapter argues there are grounds to be ‘contingently optimistic’ about the role of public participation in South Africa—despite the massive democratic deficit the country has inherited. This is illustrated through three case studies of participation focusing on pressure for HIV/AIDS treatment, the role of the public protector, and community action in Bokfontein.
The illegal trade in organs and poverty in India
Authors: Chatterjee Saradamoyee
Published: January 2021

The recent rise in malfunctioning metabolic conditions has significantly increased the demand for organs for transplantation throughout the world, against an inadequate supply. This has paved the way for a lucrative global black market for purchased organs. Evidence suggests that the illegal traffic in organs is primarily from the impoverished to the affluent, and often from women to men. The growing income disparity within Brazil, India, and China has helped to fuel the illegal organ trade both within countries as well as with other nations. This chapter provides a detailed account of the illegal organ trade in India and an overview of the trade in Brazil and China. The chapter concludes by drawing a comparative analysis of the illegal organ trade within Brazil, India, and China. Poverty, debt, and the resulting capability gaps emerge as the most compelling factors keeping the illegal trade alive for decades in these countries.
Development and inequality in the African lions
Authors: Potts David
Published: January 2021

Ghana’s national economic transformation has been widely celebrated; but what about the role of the country’s cities in this transformation? Typically, the contribution of cities in Ghana to the country’s transformation is seen as negative, or non-existent to negligible. This characterization is quite common for cities in Africa for which The State of Africa Cities reports mostly brand as rural poverty-driven settlements. None of these claims, however, is based on a systemic analysis of what contribution cities in Ghana have made to the country’s economic transformation. This chapter, seeks to provide a more careful analysis of the existing statistical and historical evidence. using a heterodox spatial political economy methodology. The chapter argues that most urban residents are either born in cities or are attracted to them from the countryside; but urbanization cannot be explained as ‘poverty driven’, especially when rural poverty in the country has been falling and the urban economies of many cities are booming.
Institutional change in the oil industry
Authors: Kolev Nikolay , Xu Yue
Published: January 2021

China and Russia, the two largest emerging economies in the world, have followed remarkably different economic development models. China emerges as a global manufacturer and is increasingly relying on imported oil to sustain its fast growth. In comparison, Russia emerges as a fast-developing economy that relies heavily on the production and exporting of natural resources. Similar to both economies, the development of the oil industry is strategically important. Taking an institutional perspective, this study compares pathways of two countries of institutional development in the oil industry. Using a historical perspective, we find significant differences in both antecedents and processes of institutional change between the two nations. The results contribute to our understanding of institution theory as applied to emerging economies with policy implications.
Governing a complex global financial system in the age of global instabilities and BRICS
Authors: Khan Haider A.
Published: January 2021

The global economic governance architecture has undergone a deep metamorphosis with respect to the institutional arrangements responsible for the economic needs of a growing, developing world. The international institutions formed during the Bretton Woods era (mid-1940s), i.e. World Bank, International Monetary Fund, and World Trade Organization (evolving from General Agreement on Tariffs and Trade) have long served as multilateral institutions in charge of addressing critical issues in the international financial system. However, the rise of larger developing economies (India, China, Brazil, etc.) in recent decades allowed these countries to enjoy a greater role in the global economic and political landscape. This chapter provides, through a bird’s-eye view, a comprehensive account of some ‘old’ and ‘new’ institutional arrangements shaping the dynamics of a new global economic order; arguing for a (re-)defined institutional approach in designing financial lending policies for developing economies in accomplishing a more robust, inclusive developmental growth process.
Reshaping Eurasia
Authors: Samokhvalov Vsevolod
Published: January 2021

The chapter argues that a tectonic geo-economic shift is currently taking place in former Soviet space. It looks like post-Soviet Eurasian space is currently transformed by three concurrent processes. First, post-Soviet geo-economic space is gradually shrinking as a geo-economic entity. Some of the post-Soviet states clearly opted for deeper integration into the global economic system through either Asian (Uzbekistan) or European (Ukraine) markets. Second, even those post-Soviet republics that sought closer forms of post-Soviet integration (Customs Union/Eurasian Economic Union) are gradually increasing their economic exchanges outside of the bloc. And even Russia seeks to balance growing Chinese presence by launching new fuzzy regional ideas such as greater Eurasia. Third, infrastructure projects such as the Silk Road Economic Belt flow away from Russia-centred routes southward. New infrastructure projects stretching from north to south further add to geographic reorienting of Eurasian space further integrating it into the web of global interactions.
Turkey
Authors: Teksoz Utku
Published: January 2021

From an economic perspective, Turkey is at the crossroads where it could break the middle-income trap and become a high-income country provided that the right socio-economic policies are implemented. Turkey’s current leadership has set itself an ambitious goal to that effect, that of becoming one of the top ten economies in the world by 2023, the one hundredth anniversary of the foundation of the Turkish Republic. This will require policies to ensure that per-capita GDP more than doubles over its current level to reach US$25,000. Such an economic performance would allow Turkey to pack a much stronger punch in both regional and global affairs—economically and geopolitically. Meantime, the country continues to stand at the crossroads trying to chart its path forward. This chapter provides a historical perspective, a comparative macro-analysis, and an institutional analysis, and concludes with an analysis of the Turkey–EU relationship now and into the future.
Spectrum of Effective Preventive Opportunities
Authors: Sin Julie
Published: January 2021

This chapter provides a means of looking at a health condition or health issue through the lens of identifying effective preventive opportunities. The concept of an effective preventive opportunity is firstly clarified for use. A ‘spectrum of preventive opportunities’ model is then described which can be used to identify these opportunities for any health condition. In this model, effective opportunities are considered across a whole generic care-pathway chronology, which also acts as a prompt to considering the potential range of health service responses and to help think about the natural development of the health condition or issue. Examples illustrate that the principles can be applied to single conditions, groups of conditions, and system issues. There is also a ‘population health sieve’ summary of the different risk factor types in a population, and a summary of the different types of health service response.
Purposeful Use of Health Intelligence
Authors: Sin Julie
Published: January 2021

This chapter considers how commissioners can frame the questions they pose of health information sources, so that they gain more meaningful answers to help commission for health gain. There is an overview of the three main purposes for using health information from a commissioning perspective. These are namely to help problem definition, plan and prioritize, or to monitor and evaluate actions taken. There then follows further practical guidance to assist fuller appreciation of the health information territory. This includes general themes covered by health information, example sources, and a salient reminder that whilst health information is important for commissioning, it is only one type of tangible knowledge that the commissioner needs for decision-making. Other salient knowledge that a commissioner needs for sense-making is also noted (a ‘Trio’ of knowledge is needed for commissioning). Finally there is also an orientation on making sense of economic evaluation information from a commissioning perspective.
Population Approach to All Levels of Commissioning and Health Service Decision-Making
Authors: Sin Julie
Published: January 2021

Pragmatically, healthcare commissioning activities can be described at different levels, these can be considered as strategic, tactical, and operational levels. This chapter demonstrates that a population approach to decision-making and planning is integral to all these levels of commissioning decisions. A model (Figure 9.1) illustrates the interactions between a big picture population healthcare perspective, the commissioning cycle, and the different levels of commissioning activities. It brings together the tasks to be achieved, population concepts, and business processes. It can be used to help develop commissioning systems (or equivalent strategic planning processes to secure health services for populations), and to support development of leadership for health gain across the system.
Prioritization of Investments and Disinvestments in Healthcare
Authors: Sin Julie
Published: January 2021

The chapter looks at the key concepts and issues involved in the prioritization of resources for investments and disinvestments in health services. It describes a framework for understanding what needs to be achieved in this arena. It describes three core components that underpin a coherent approach to prioritization (guiding principles, a tool to help gather and sift through the information, and coherent decision-making processes). The pragmatic overview emphasizes that the processes involved in prioritization matter, and that to do this consistently and with transparency for ethical reasons, as well as to make the task more manageable, is important. An example of a prioritization tool and guiding principles are given. Some ethical considerations in this arena are also discussed. In day-to-day work, many of the issues in this arena can be facilitated by applying the principles, even if a full blown priority setting process is not needed.
Deciding a Sensible Approach to Commissioning when Multiple Commissioners Are Involved
Authors: Sin Julie
Published: January 2021

This chapter considers when it is advantageous for commissioners to work together to ‘buy’ the services needed for their populations, and when it is not. Often simple commissioning arrangements between a commissioner and provider organization are the most workable, but occasionally a number of commissioners might explore commissioning together. There are two main scenarios. These are a collaborative commissioning (collaborative contracting) approach, or a ‘collaboration of intent’. With both of these collaborative models, all participating commissioners have an aligned vision of the service to be commissioned. The crux of the matter is then around whether there is pooling of financial risk and the contracting arrangements. There is an overview of these arrangements and how to work out what is feasible. Choosing carefully is important, as using a ‘collaborative commissioning’ arrangement when it is actually a collaboration of intent in spirit can be difficult to manage and can eventually unfold.
What Can a Commissioner Do About Health Inequalities?
Authors: Sin Julie
Published: January 2021

This chapter looks at the role of a health services commissioning function (or equivalent planning function) in addressing health inequalities of access and outcomes of services. Working definitions of health inequalities and health inequities are described for use. The backdrop to health inequities in populations is also described for orientation. The chapter then considers the roles of commissioning in contributing to reducing such inequities of access and outcomes. Commissioners’ generic responsibilities, direct contributions, and collaborative roles are captured. It is further noted that taking such a whole-system approach and recognizing the value of ‘starting early’ is also very apt for commissioners, as achieving equity of service outcomes depends not only on equitable access to services, but also to some extent on reducing the differentials in early risk factors in a population, as the latter can impact later outcomes even with seemingly equitable access to treatment services.
Epidemiology with R
Authors: Carstensen Bendix
Published: January 2021

This book is a practical guide designed for students and researchers with an existing knowledge of R who wish to learn how to apply it in an epidemiological context and exploit its versatility. It also serves as a broader introduction to the quantitative aspects of modern practical epidemiology. The standard tools used in epidemiology are described and the practical use of R for these is explained and laid out. R code examples, many with output, are embedded throughout the text. Epidemiology with R is an advanced textbook suitable for senior undergraduate and graduate students, professional researchers, and practitioners in the fields of human and non-human epidemiology, public health, veterinary science, and biostatistics.
Introduction
Authors: Carstensen Bendix
Published: January 2021

The code shown in each chapter is available at the website http://bendixcarstensen.com/EwR (this URL is case-sensitive). You will benefit from running it on your own computer and use R to look further into the various data structures you create on the way (‘objects’ as we call them)....
Using R
Authors: Carstensen Bendix
Published: January 2021

This chapter discusses how the best way to learn R is to use it. One should start by using it as a simple calculator, and keep on exploring what one gets back by inspecting the size, shape, and content of what one creates. R is available from CRAN, the Comprehensive R Archive Network. A nice interface to R is RStudio, which is a commercial product, but RStudio has a free open source license that allows one to have a very good and handy interface to R for free, including the possibility of writing reports using Rmarkdown, Sweave, or knitr. The chapter then looks at the two main graphics systems used in R: base graphics, which is an integral part of any R distribution, and ggplot2 (gg referring to grammar of graphics). Data from large epidemiological studies are often summarized in the form of frequency data, which record the frequency of all possible combinations of values of the variables in the study.
Analysis of follow-up data
Authors: Carstensen Bendix
Published: January 2021

This chapter assesses the analysis and representation of follow-up data. follow-up refers to the process of monitoring persons over time for occurrence of a (set of) prespecified event(s). Practical data collection is often via look-up in registers or databases. The basic requirements for recordings in a follow-up study include date of entry to the study, date of exit from the study, and the status of the person at the exit date. The chapter then explains the likelihood from a follow-up study and why one can analyse rates using Poisson regression. The likelihood contribution from a single person's follow-up can be subdivided in contributions from subintervals of the follow-up. The chapter details the task of splitting the follow-up time along a time-scale. Finally, it considers time-dependent variables.
Alexander Pope in the Making
Authors: Hone Joseph
Published: January 2021

How did Alexander Pope become the greatest poet of the eighteenth century? Drawing on previously neglected texts and overlooked archival materials, Alexander Pope in the Making provides a radical new account of the poet’s early career, from the earliest traces of manuscript circulation to the publication of his collected Works. Joseph Hone illuminates classic poems such as An Essay on Criticism, The Rape of the Lock, and Windsor-Forest by setting them alongside lesser-known texts by Pope and his contemporaries, many of which have never received sustained critical attention before. Pope’s earliest experiments in satire, panegyric, lyric, pastoral, and epic are all explored alongside his translations, publication strategies, and neglected editorial projects. By recovering cultural values shared by Pope and the politically heterodox men and women whose works he read and with whom he collaborated, Hone unearths powerful new interpretive possibilities for some of the eighteenth century’s most celebrated poems. Alexander Pope in the Making mounts a comprehensive challenge to the ‘Scriblerian’ paradigm that has dominated scholarship for the past eighty years. It sheds fresh light on Pope’s early career and reshapes our understanding of the ideological landscape of his era. This book will be essential reading for scholars and students of eighteenth-century literature, history, and politics.
Pope’s Social Contexts
Authors: Hone Joseph
Published: January 2021

Pope’s earliest poems emerged from his various childhood and teenage relationships. For whom did he write those poems and by whom were they read? This chapter investigates Pope’s early social milieu through a focus on two specific communities: the Catholic diaspora of the Thames Valley and the friends of the late John Dryden, including Buckingham, Granville, St John, and Higgons. It traces Pope’s earliest contact with those figures and their influence on his poems. Reconstructing Pope’s connections to these circles provides essential context for understanding his early literary development. It also enables new understanding of his political awakening as a teenager. The final section of the chapter examines An Essay on Criticism (1711) within the context of similar poems by Buckingham and Granville, notably An Essay upon Satire (1679), An Essay upon Poetry (1682), and An Essay on Unnatural Flights in Poetry (1701). By ignoring Buckingham and Granville as irrelevant and second-rate authors, previous scholars have overlooked the fact that their poems were Pope’s principal generic models for the Essay
Miscellany Publication
Authors: Hone Joseph
Published: January 2021

This chapter addresses Pope’s hitherto neglected use of miscellany publication. With the exceptions of An Essay on Criticism, The Temple of Fame, and Windsor-Forest, all Pope’s early printed poems first appeared in miscellanies or periodicals. Three miscellanies are of particular importance: the sixth and final volume of Jacob Tonson’s Poetical Miscellanies (1709), Bernard Lintot’s Miscellaneous Poems and Translations (1712), and Poems on Several Occasions (1717), also published by Lintot. A section is devoted to each of those miscellanies. Pope made his public print debut in the first one, was the guiding spirit behind the second, and the editor of the third. In his roles as contributor and editor, Pope encouraged friends to contribute to the collections too, dragging them from the world of clandestine scribal publication into that of print. The chapter scrutinizes the content surrounding Pope’s poems in these miscellanies and teases out the sophisticated political resonances of those texts. By 1717 Pope had transformed the miscellany from a mere vessel for minor occasional verse into a focal point for dissident wits who otherwise wrote principally for scribal publication.
The War Lawyers
Authors: Jones Craig
Published: January 2021

The War Lawyers: The United States, Israel, and Juridical Warfare examines the laws of war as interpreted and applied by military lawyers to aerial targeting operations carried out by the US military in Iraq and Afghanistan, and the Israel Defense Force (IDF) in Gaza. Drawing on interviews with military lawyers and others, this book explains why some lawyers became integrated in the chain of command whereby military targets are identified and attacked, whether by manned aircraft, drones and/or ground forces, and with what results. The analysis shows how a series of political, legal, and technological developments have given rise to a targeting apparatus that requires legal input. In examining the effects of this process, the book argues that when lawyers render legal advice on targeting, they effectively put the indeterminacy of law in the service of producing and extending military violence, as well as constraining it. This is an iterative and ongoing law-making enterprise carried out in concert with the commanders whom lawyers advise. The provision of legal answers and options takes place in a highly routinized fashion under the overarching imperatives of mission success, and crucially, under pressures of time and emergent events in the battlespace. Military lawyers respond to intelligence data from widely distributed actors—but also inevitable gaps, errors, and misinterpretations in such data. The War Lawyers examines the mutual influence of US and Israeli targeting policies and shows just how important law and military lawyers have become in the conduct of contemporary warfare.
Using physiology to infer the reproductive status and breeding performance of cryptic or at-risk bird species
Authors: Crossin Glenn T. , Williams Tony D.
Published: January 2021

Historically, the estimation of breeding parameters for most bird populations has relied on conventional methods where researchers locate nests and count the numbers of eggs or chicks produced. However, for cryptic, rare, and at-risk populations these simple methods can be problematic if such species are difficult to locate and study, or are sensitive to disturbance. The measurement of yolk precursors in the plasma of breeding birds can provide a useful means for assessing the reproductive status of threatened and endangered birds, which can provide those tasked with the conservation and management of rare and cryptic bird species important information about their phenology and population dynamics. Through the use of yolk precursor analysis, researchers can also infer the sex of individual birds that lack clear differences in morphological characters (sexual dimorphism), as determination of breeding status can facilitate estimates of breeding phenology and effective population size.
Transcriptome profiling in conservation physiology and ecotoxicology: mechanistic insights into organism–environment interactions to both test and generate hypotheses
Authors: Trego Marisa L. , Brown Charles A. , Dubansky Benjamin , Hess Chelsea D. , Galvez Fernando , Whitehead Andrew
Published: January 2021

A key challenge in conservation biology is to identify natural populations with compromised health and identify causative agents. However, wildlife are exposed to a complex matrix of natural and anthropogenic stressors such that identifying particular agents of distress is difficult. Yet, establishing cause and effect between human-induced environmental changes and adverse health is necessary to guide conservation planning. Transcriptome profiling, with thoughtful experimental design and appropriate metadata, is useful for establishing cause and effect between exposures to environmental stressors and adverse health outcomes. Here we describe transcriptome profiling and associated paradigms that are useful for wildlife health assessment and conservation planning, with particular emphasis on pollution. We emphasize that these tools are important for testing hypotheses about causative agents of distress, but also for generating new hypotheses about causes and consequences. We outline two case studies that highlight attributes of transcriptomics tools and approaches that add value for conservation practitioners.
A tale of two whales
Authors: Hunt Kathleen E. , Ajó Alejandro Fernández , Lowe Carley , Burgess Elizabeth A. , Buck C. Loren
Published: January 2021

Conservation physiology tools can be difficult to employ in the wild. Here we discuss developments in conservation physiology research of large whales, a taxonomic group that is famously difficult to study with traditional tools. We focus on the North Atlantic right whale (Eubalaena glacialis) and southern right whale (Eubalaena australis), two closely related species that present similar logistical challenges for research, yet differ in population status and conservation pressures. Research has advanced via a suite of creative approaches including photo-identification, visual health assessment, remote methods of assessing body condition, and endocrine research on non-plasma sample types such as faeces, respiratory vapour, and baleen. These efforts have illuminated conservation-relevant physiological questions for both species, such as discrimination of acute from chronic stress, identification of likely causes of mortality, and monitoring causes and consequences of changes in body condition and reproduction.
The Principle of Prevention
Authors: de Sadeleer Nicolas
Published: January 2021

This chapter begins by explaining that the preventive principle is complementary to the polluter-pays principle by requiring the adoption of measures intended to prevent damage from arising. It then briefly reviews the evolution of the prevention principle in international law, EU law, and several national legal systems. Having determined the scope of the preventive principle in relation to other principles of environmental law (no harm principle, precautionary), the chapter systematizes its various facets (environmental standards, best available technologies, etc.). It goes on to consider the role of proportionality in determining the degree of prevention sought. It examines the sometimes ambivalent nature of the instruments typical of the preventive principle, using several case studies.
Part II Introduction
Authors: de Sadeleer Nicolas
Published: January 2021

The introduction of Part II of this book highlights that the polluter-pays, preventive, and precautionary principles described in Part I mark an epistemological shift between modern law, which rests on the fixed standards of traditional legal rule-making, and post-modern law, which emphasizes the pragmatic, gradual, unstable, and reversible nature of rules. Chapter 4 describes the paradigm shift from modern to post-modern law. Chapter 5 considers the various functions that the polluter-pays, preventive and precautionary principles may fulfil within a post-modern legal prospect, seeking to strike a balance among multiple and conflicting interests. Chapter 6 explains that the varying status of these principles does not deprive them of normative effect. Chapter 7 focuses on the conflict between environmental principles and free trade within the World Trade Organization (WTO). This four-stage approach enables us to demonstrate how the polluter-pays, preventive, and precautionary principles shape an ideal of rationality in a chaotic legal universe.
The Evolving Function of Environmental Directing Principles in the Transition from Modern to Post-Modern Law
Authors: de Sadeleer Nicolas
Published: January 2021

This chapter considers the various functions that polluter-pays, preventive, and precautionary principles may fulfil within a post-modern legal prospect, seeking to balance multiple and conflicting interests. It clarifies that recourse to directing principles such as the polluter-pays, preventive, and precautionary principles described in Part I is often disparaged despite their usefulness, on the grounds that they are not sufficiently definite to ensure legal certainty. The chapter explains that these principles are generally described as having no perspective effect—until one fine day a court makes use of them, to the great surprise of the legislator. Thus, these principles may serve to conceal a return to judicial activism.
Part II Conclusions
Authors: de Sadeleer Nicolas
Published: January 2021

Part II of this book has shown how the environmental principles, Janus-like, present a double face: on one hand they recall the rationality inherent in modernity (function of coherence, codification) while on the other hand they are strongly shot through with post-modern characteristics (stimulation of public policy, weighing of interests). Against this background, the conclusions of Part II of this work strongly defend the argument that the advent of post-modernity has not done away with all forms of rationality. The conclusions demonstrate that the principles of environmental law can contribute to a revival of rationality.
Public Narratives of Constituent Power in the European Union
Authors: Patberg Markus
Published: January 2021

This chapter provides a mapping of public narratives of constituent power in the EU. In this way, it seeks to identify adequate starting points for an endeavour of practice-oriented theory construction. Citizens have started to challenge the role of the states as the ‘masters of the treaties’. Drawing on a vocabulary of popular sovereignty and self-government, they demand that the EU should be shaped by ‘the people’. Focusing on the voices of actors such as protest movements and public intellectuals, the chapter traces four public narratives that articulate competing ideas as to who should be in control of European integration, how the respective subject came to find itself in that position, and how it should take action in the future. Based on these stories, the chapter turns to the emerging normative debate about the EU’s constituent subject in order to determine which proposals in political theory are worth pursuing and which are not—given their anchoring in public discourse or lack thereof. In this way, it sets the stage for the construction and evaluation of models of constituent power in the EU in subsequent chapters.
Demoi-cratic Constituent Power
Authors: Patberg Markus
Published: January 2021

This chapter turns to the public narrative of ‘We, the peoples of Europe’, according to which constituent power in the EU lies with the peoples of the member states, and asks to what extent it can be defended in systematic terms. In doing so, it draws on the political theory of demoi-cracy, which interprets the EU as a political system for the joint self-government of separate political communities. Building on the proposals of central demoi-cratic authors, the chapter discusses how the distinction between pouvoir constituant and pouvoir constitué could find a place in the theoretical framework of demoi-cracy. It then proceeds to assess the strengths and weaknesses of the resulting view. While the demoi-cratic model of constituent power is convincing in its claim that the national peoples must not be bypassed in EU constitutional politics, it fails to draw the necessary conclusion from the fact that European integration has brought about politically significant relations between the citizens of Europe—namely, that there is the need to enable the expression of cross-border cleavages.
Higher-Level Constituent Power
Authors: Patberg Markus
Published: January 2021

This chapter makes the first step in the construction of a new theory of constituent power in the EU by proposing a conceptual framework that clarifies the relation between the EU’s constituent power and the national constituent powers. In this way, it seeks to counter the objection that the EU cannot have its own constituent power because the member states retain the Kompetenz-Kompetenz. By means of a rational reconstruction of the ordinary revision procedure, especially the convention method, the chapter argues that the EU’s rules of treaty change already contain the first beginnings of a procedural-institutional innovation that can be described as a ‘levelling up’ of constituent power. One can speak of higher-level constituent power when nation-state peoples issue an authorization for constitutional politics at the supra-state level and in this way bring about a new constituent subject to which they delegate control over particular decisions. According to this view, the EU’s constituent power is neither independent of, nor equivalent to, nor combined with the constituent powers of the member states, but rather delegated by them.
Conclusion
Authors: Patberg Markus
Published: January 2021

This concluding chapter takes stock of the book’s main findings and draws out their implications for the EU’s way forward, especially with regard to the Conference on the Future of Europe. The Conference, one of the main pledges of Ursula von der Leyen’s candidacy for Commission President in 2019, is to develop EU reform proposals by 2022. Based on the theory of constituent power developed in this book, the chapter assesses the debate about the design of the Conference. It argues that the blueprints of European Parliament and Commission, as well as demands put forward in civil society, lack a systematic understanding of the EU’s foundations of legitimacy and neglect the need for a supranational separation of constituent and constituted powers. What is missing is a clear conception of the relation between those who authorize and those who are authorized to engage in EU constitutional politics. The chapter concludes by advancing the argument that the Conference could serve as a catalyst for a reform of the EU’s rules of treaty change, with the goal of enabling citizens to exercise higher-level constituent power.
What Is Animal Welfare?
Authors: Stamp Dawkins Marian
Published: January 2021

The two main reasons it has been so difficult to arrive at an agreed definition of animal welfare are the ‘complexity problem’ (so many different measures of welfare now available) and the ‘consciousness problem’ (conscious experience is itself so difficult to define). There is, however, a relatively simple definition of welfare that provides a solution to both of these problems. Defining animal welfare as ‘health and animals having what they want’ can be easily understood by scientists and non-scientists alike, expresses in simple words what many existing definitions are trying to say anyway and provides the ‘valence’ needed to validate the long list of welfare measures we now have available. Above all, it shows what evidence we need to collect to improve animal welfare in practice.
Conclusions
Authors: Stamp Dawkins Marian
Published: January 2021

As a universally agreed definition of animal welfare, ‘health and what animals want’ passes four important tests. First, it unites and complements most existing definitions by emphasizing the animals’ own point of view. Second, it indicates which physiological and behavioural measures are valid and supplies valence where it is missing. Third, it specifies in practical terms exactly what evidence need to be collected to ensure good welfare. Fourth, it is easily understandable by scientists and non-scientists alike. It is thus fit for the purpose of representing the interests of non-human animals in a world where these often conflict with human interests.
The Fact of Reason
Authors: Ware Owen
Published: January 2021

Before comparing the Groundwork for the Metaphysics of Morals and the Critique of Practical Reason, this chapter undertakes an essential preliminary task by clarifying Kant’s doctrine of the ‘fact of reason’. According to this doctrine, our consciousness of the moral law admits of no deduction, but it nonetheless serves to warrant our possession of a free will. This chapter begins by tracing the concept of ‘fact’ through the three main stages of its linguistic history, showing that Kant’s use of the terms ‘Factum’ and ‘Tatsache’ bears an affinity with the British experimentalist tradition. The chapter shows how this context sheds light on Kant’s own experimental method in the second Critique.
Freedom and Obligation
Authors: Ware Owen
Published: January 2021

This chapter has three aims. First, it gives an overview of the reception of Kant’s project of moral justification up to the twentieth century, showing that Kant’s first readers detected no great rift between the Groundwork for the Metaphysics of Morals and the Critique of Practical Reason. A consensus that Kant reversed or rejected the argument of Groundwork III only takes shape in 1960. Second, this chapter returns to the details of Groundwork III and argues that Kant appeals to the idea of an intelligible world to warrant our possession of a free will. Third, this chapter argues that, while the second Critique is mostly continuous with Kant’s earlier argument, it goes further by including a theory of moral sensibility.