bluuebunny/crossref_metadata_2025 huggingface dataset:
American Mental Health Services: Perspective Through Care Patterns for 100 Adults, with Aggregate Facility, Service, and Cost Estimates
Authors: Manderscheid Ronald W. , Alexandre Pierre , Everett Anita , Leaf Philip , Zablotsky Benjamin
Published: September 2012

This chapter describes the mental health epidemiology and service delivery picture for 100 adults drawn at random from the American population. It also presents a description of the characteristics of mental health facilities, their services, available human resources, and aggregate revenues and costs. Unlike many other nations around the globe, America has no single mental health “system.” Rather, after years of starts and stops, US mental health care still consists of parallel activities operated by public and private entities across four care sectors. As a result, many individuals who need care do not receive it, and many who do receive care do not achieve the outcomes they are seeking.
6 Social Justice and Quotas in Government Jobs for Other Backward Classes
Authors: Bajpai Rochana
Published: September 2012

This chapter reconstructs arguments for and against the extension of employment quotas to the Other Backward Classes (OBCs) in the 1990 Mandal debate, focusing on the concept of social justice. It shows that in the discourse of the Janata Dal, the older nationalist ideal of equality was redefined, in terms of the formulation of the legitimating vocabulary, by linking equality closely to democracy, and distancing it from national unity. This strengthened the case for quotas. In normative terms, arguments for OBC quotas were substantially social justice claims, relying largely on egalitarian liberal norms of fair equality of opportunity rather than identity. The shift in the normative basis of group preference inaugurated by India’s constitution-makers, towards ameliorating disadvantage rather than maintaining distinctness, survived. As a result, a distinctive ideological space was fashioned for lower caste politics in the 1990 Mandal debate.
Land
Authors: Hudson John
Published: September 2012

The core procedures described in Chapter 23 were designed to enforce landholding customs that derived from the Anglo-Norman period. Those customs gave considerable strength to the position of the holder of a free tenement, particularly to those whom charters describe as holding ‘in fee and inheritance’ or ‘in fee farm’. The Angevin procedures changed the legal nature of the tenant's position by establishing rights routinely protected in the royal courts. Linked to these developments came increasing technicality and abstraction, greater definition and precision. These processes often reinforced customary norms but also created situations in which legal rules were distanced from social expectations. This chapter begins with a discussion of the Cockfield case. It then covers landholding and lordship, types of lay free tenure, security of tenure, inheritance, alienability, leases, villeinage tenure, ecclesiastical landholding, and alms tenure; and seisin and right, possession and property.
Movables
Authors: Hudson John
Published: September 2012

This chapter discusses ownership, succession, bailment, and sale and grant. By the late twelfth century the distinction between movables and immovables, familiar in later English law, is clear. The Dialogue of the Exchequer says of the fugitive convicted ‘through the set law of the assize’ that ‘all his movables [mobilia] fall to the treasury, but immovables to his lords’. The movables here are the chattels [catalla] of the Pipe Rolls, as the Dialogue itself indicates. The distinction between movables and immovables was made partly under the influence of the learned laws, and Glanvill distinguishes res mobiles and res immobiles in his treatment of debt, where his language shows particular Roman influence. In the thirteenth century, chattels came to include other rights such as leases for terms of years, wardships, and control of marriages, what would come to be known as ‘chattels real’. This change leaves some marks on Bracton but not, it seems, on Glanvill.
Marriage and Family
Authors: Hudson John
Published: September 2012

Across western Christendom, the second half of the twelfth century and the beginning of the thirteenth saw important legal developments regarding the family, most notably the clarification of canon law regarding marriage. In England, the legal significance of family arrangements is clear from their extensive treatment in Glanvill, especially Book VI concerning dower and Book VII concerning marriage-portions, inheritance, and legitimacy. Likewise, litigation on kinship matters is very prominent in the plea rolls. A variety of evidence shows the value that lords placed on rights of marriage, wardship, and relief. The exercise of such rights, especially by the king and his officials, became hotly contested, culminating in the provisions of Magna Carta.
Procedural Regimes
Authors: Ambos Kai , Bock Stefanie
Published: September 2012

At every stage of the proceedings, the procedural law determines the Prosecutor's scope of action and is therefore of utmost importance for his competence and powers. To assess the Prosecutor's role properly it is necessary to provide an overview of the procedural regimes of the various tribunals. This chapter thus serves as an introduction to the following chapters, where the main procedural aspects and problems are discussed in more detail. It shows that each tribunal has developed its own, more or less unique, procedural code and that, accordingly, the mission and competences of the Prosecutors differ from tribunal to tribunal.
Appeal
Authors: Re David
Published: September 2012

This chapter discusses the role and position of international prosecutors in the appeal phase. It notes that today's international prosecutors have considerable discretion in relation to appeals, so much so that the very essence of their role on appeal lies in exercising this discretion by deciding which cases and points to appeal and how to respond to defence appeals. It describes how modern international prosecutors have exercised their discretion to appeal in cases finalized to 2011, and the outcomes of these appeals.
Memory before and after H.M.: an impressionistic historical perspective
Authors: Moscovitch Morris
Published: September 2012

The papers published by Milner, Scoville, and Penfield on the effects of bilateral temporal lobectomy have had a profound influence on the neuroscience of memory. This chapter addresses the following questions: Why did those papers have the impact they did, where their precursors did not? What were the major findings? What were the effects of excisions of structures other than those in the temporal lobes? How do the initial findings hold up over the years? It concludes by noting that the influence of these papers is still being felt, and that some of their findings and conjectures, which did not receive much attention at the time of publication, now provide relevant insights on the nature of hippocampal-neocortical interactions and their effects on a variety of memory phenomena and their theoretical significance.
Interictal memory disturbance: a comparative phenomenology and epidemiology of memory impairment in epilepsies
Authors: Jokeit Hennric , Bosshardt Simone , Reed Victoria
Published: September 2012

This chapter highlights common and divergent pathways of memory impairment by comparing symptoms of memory deficits and underlying pathology in a representative selection of neurological and psychiatric disorders: idiopathic generalized (IGE) and focal epilepsies (mesial-temporal epilepsy, MTLE; frontal lobe epilepsy, FLE), normal ageing, ADHD, schizophrenia, major depression, multiple sclerosis, Alzheimer's disease, vascular dementia, frontotemporal dementia, dementia with Lewy bodies, Parkinson's disease dementia, and Huntington's disease. The analysis reveals that impairments in memory encoding and memory retrieval are a common feature in all selected disorders, as well as in normal ageing. This implies that the majority of memory failures in those patients may arise from transient or chronic prefrontal dysfunction. Retention, in contrast, seems to be almost exclusively affected in Alzheimer's dementia and MTLE, as it depends on the functional integrity of the hippocampal formation and anterior diencephalic structures.
Electrophysiological studies of memory in epilepsy
Authors: Grunwald Thomas , Vannucci Manila
Published: September 2012

Invasive recordings of event-related potentials (ERPs) from depth electrodes within the human hippocampal formation have identified novelty detection as an important subprocess that contributes to encoding for verbal memory. N400 potentials associated with this process correlate with neuronal density of the hippocampal CA1-region and can be selectively reduced by the NMDA-receptor blocker ketamine. Together with the finding that NMDA-receptor dependent long-term potentiation can readily be induced only in slices of non-sclerotic but not of sclerotic human hippocampi these results suggest that successful encoding for verbal memory is mediated by NMDA-receptor dependent novelty detection within the human hippocampal system and that hippocampal sclerosis interferes with this process. Moreover, hippocampal ERP recordings indicate that temporal lobe epilepsy can interfere with the hippocampal differentiation between pictures of real and nonsense objects thus suggesting that impaired encoding of visual-semantic attributes of objects may contribute to visual memory deficits.
Growing Pains
Authors: Pettinger Andrew
Published: September 2012

Chapter Four falls into two parts. The first part investigates Agrippa’s treatment by Augustus on receiving the toga of manhood. Agrippa received none of the prizes offered to his elder brothers. Gaius and Lucius Caesar were both named Prince of the Youth and furnished with special privileges, and had been, more importantly, designated consuls at the age of fourteen. It is argued that Agrippa’s treatment depended upon the influence of Tiberius. The second part of the chapter treats Agrippa’s abdicatio in ad 6. A new interpretation of abdicatio is offered. It was a form of punishment that did not involve emancipation of the child, but was more akin to being grounded without pocket money. Augustus chose abdicatio because it left Agrippa under his control (patria potestas).
Augustus’ Final Arrangements
Authors: Pettinger Andrew
Published: September 2012

This chapter offers a new interpretation for Agrippa’s exile and incarceration on the island of Planasia in ad 7. It is proposed that, once Agrippa had been abdicated and sent to Surrentum in ad 6, his personality became part of a violent political programme that challenged the regime, and threatened Tiberius’ position. In the wake of Paullus’ defeat, those opposed to Tiberius began to think seriously about Agrippa. Agrippa was therefore incarcerated on an island because he was now a potential threat. He was, however, guilty of no crime. This chapter also offers a new explanation for a violent election season in ad 7. It is argued that voters were angry with changes recently made to the voting system. A new interpretation of Augustus’ electoral reforms is put forward.
Novus Principatus: An Imperial Co-operative
Authors: Pettinger Andrew
Published: September 2012

This chapter covers the years ad 11 to 13, and describes the atmosphere that surrounded the end of Augustus’ political life and the beginning of Tiberius’ domination. Evidence is presented to show that the public was increasingly concerned by Augustus’ health. Those opposed to Tiberius began to panic. The regime thwarted an attempt to free Agrippa and his mother from their places of exile. Malcontents turned to destabilising Tiberius’ relationship with Germanicus, who, it was said, was preferred; the regime countered by arming Tiberius for sole leadership and diminishing the role of the senate. The argument rests on a new interpretation of a passage in Dio hitherto overlooked. The chapter therefore sets up the context of discussion of Tiberius’ famous reluctance to accept supreme power in ad 14.
The Hesitation of Tiberius
Authors: Pettinger Andrew
Published: September 2012

Chapter nine investigates Tiberius’ famous reluctance to accept supreme power. Evidence is presented to show that, when Augustus died, Tiberius was in control and his position as ruler beyond question. Reluctance was not, therefore, due to a lack of legal power/s. The chapter points out that Tiberius did not accept the supreme power, as is often supposed, at the senate meeting of September 17 ad 14, but rather, ceased to deny his right. No positive statement was however forthcoming: the question was left up in the air. The prevailing modern views do not provide adequate answers. Tiberius was not sincere, nor did he feign reluctance for decency’s sake. As Suetonius wrote, Tiberius was distressed by the unfolding of real political events: Agrippa’s death, legions in mutiny, and Drusus Libo.
Germanicus: Successor to Tiberius or Augustus?
Authors: Pettinger Andrew
Published: September 2012

Modern scholars reject the ancient belief that Tiberius’ hesitation was related to mutiny in the Northern provinces and the offer, by some in the legions, to support Germanicus against Tiberius. They argue that news of mutiny reached Rome only after Tiberius had accepted supreme power, and that, had Tiberius known, he would certainly not have hesitated. The present chapter refutes these theories, and re-assembles the evidence to show that news of the mutiny, and the offer to Germanicus, may well have been known in Rome before the meeting of 17 September. It is proposed that Tiberius ceased denying his position only once the question of Germanicus was settled. He did not, however, formally acknowledge his position. That declaration depended on Drusus Libo, whose role is explored in the next chapter.
The United Kingdom: The Triumph of Fiscal Realism?
Authors: Gamble Andrew
Published: September 2012

The financial crash of 2008 ended a long period of growth in the British economy. Measures taken to prevent the crash turning into a slump transformed the banking crisis into a fiscal crisis, with the result that how to handle the resulting deficits dominated UK politics before the 2010 election. Debate focused on how quickly the deficit should be reduced, whether this was a structural or cyclical deficit, and what policies were needed to maintain the confidence of the financial markets. After the election, the Coalition Government announced plans to eliminate the deficit within five years. This marked a return to fiscal conservatism and a politics of austerity, but the plans aroused skepticism because of the optimistic assumptions they made about future economic growth, the pace of recovery, and the ability to expand exports, which made it unlikely that the targets could be met. The political will of the Coalition to carry through the cuts was also uncertain.
Financial Regionalism after the Global Financial Crisis: Regionalist Impulses and National Strategies
Authors: Grimes William W.
Published: September 2012

The Global Financial Crisis has severely weakened the legitimacy of the US-led global financial system. This has not only led to efforts to remake the global system through the G20 and related process but has also aroused interest in regional alternatives to the global architecture. Considerable attention has understandably been focused on Europe, but the global crisis also has profound implications for East Asia. Clichés about the ‘rise of East Asia’ obscure the very real contest now being fought over the shape of regional financial cooperation in East Asia, particularly through the ASEAN + 3. This chapter investigates the impact of two variables that theories predict will be of particular importance going forward: (a) the increasing desire of East Asian neighbors to contain Chinese influence in the region and (b) the increased number of ASEAN + 3 participants that have also become official participants in the global-level discussions due to the formation of the G20. The chapter concludes that these changes are likely to increase the tensions inside ASEAN + 3, even as the demand for regionalist solutions increases.
Social Solidarity in Scandinavia after the Fall of Finance Capitalism
Authors: Martin Cathie Jo
Published: September 2012

The global meltdown prompted minimal challenges to the welfare state and governmental controls in Scandinavia, even while spurring a resurgence of enthusiasm for the touchstones of neoliberal thought within Liberal countries. This chapter suggests that nations’ differential responses to the crisis reflect, in part, the varying societal capacities of countries to develop and to enact new solutions to economic malaise. Organized social partners — acting in conjunction with state leaders — have differing collective capacities for policymaking; for example, Scandinavian employers participate much more strongly in policymaking forums concerning human capital investment and industrial relations. While one might expect the institutions of managed capitalism to be most threatened by the crisis, strong state‐society relations have persisted and the social partners have jointly struggled to articulate nonzero-sum solutions that secure greater social solidarity. The case highlights the importance of processes of collective political engagement in shaping policy responses to seismic economic transformations.
French Responses to the Global Economic Crisis: The Political Economy of “Post-Dirigisme” and New State Activism
Authors: Clift Ben
Published: September 2012

This chapter analyzes French responses to the financial crisis, arguing that a ‘post-dirigiste’ interpretation predicated on an expansive notion of the state as actor in and enactor of markets best captures the qualitative shift in French state/market relations. Post-dirigisme incorporates how influential institutional and ideational legacies of the French dirigiste tradition continue to influence outcomes by generating anticipation of state action to shape the market. These distinctive traits leave footprints on French institutions and market structures, and the evolutionary trajectory of French capitalism. In analyzing the French political economy in the wake of the financial crisis in terms of ‘new state activism’, this chapter explores the French state as a ‘midwife’ of change in banking and the automobile industry. It uses post-dirigisme to explain French state responses to the financial crisis, noting how state actors, in concert with the elites, actively facilitated dominant market positions of French international champions.
CAN JUST WAR THEORY JUSTIFY TARGETED KILLING? THREE POSSIBLE MODELS
Authors: Statman Daniel
Published: September 2012

This chapter focuses on the morality of targeted killing (TK). Section II, against most common wisdom in the field, suggests that the notion of TK should be released from its association with the war (or wars) against terror. Section III presents three interpretations of just war theory that will serve as the basis for the moral analysis of TK. Section IV turns to this analysis and shows how each of the three interpretations supports the practice of TK.
DEFENDING DEFENSIVE TARGETED KILLINGS
Authors: Montague Phillip
Published: September 2012

The moral status of targeted killings is problematic for analogous reasons. Ordinary moral principles permit homicide only when necessary to prevent the loss of life or comparably serious harms. This restriction does seem to be relaxed in various ways for killings within wars. In particular, combatants on opposing sides can be morally permitted to kill each other even when, in doing so, they are not responding to imminent threats of serious harm. However, this relaxation of ordinary morality's prohibition against homicide would seem to require the existence of a special set of moral norms that — like the laws of war — apply only to wars strictly so-called; that is, these moral norms of war would apply only to conflicts between the military forces of political communities. Accordingly, a ‘morality of war’ would not apply to the targeted killing of terrorists, and would provide no better basis than ordinary morality for establishing the permissibility of these killings. This chapter argues, however, that this explanation of the moral status of targeted killing is mistaken because of what it assumes about the implications of ordinary morality. Specifically, it argues that targeted killings can be morally permissible according to ordinary moral principles of self-defence.
TARGETED KILLING AND THE STRATEGIC USE OF SELF-DEFENSE
Authors: Katz Leo
Published: September 2012

Although governments that engage in targeted killing will usually invoke self-defence as a primary justification, they often seem on thin ice in doing so. We frequently have the sense that there is something very strategic and dishonest in the way self-defence is utilized in such cases. The most obvious example is the case in which the government uses an agent provocateur to induce a potential terrorist to take actions for which it then proceeds to kill him — in ‘self-defence’. This chapter examines a series of such strategic situations and suggests that, appearances notwithstanding, there is in fact nothing illegitimate about using self-defence in such strategic ways. That is not to say that our persistent unease about what governments are doing in such cases is without significance. But its significance turns out to lie mostly in what it teaches us about certain counterintuitive features of legal and moral rules, which is another that is explore here.
Kant and the Two Dogmas of Rationalism
Authors: Allison Henry E.
Published: September 2012

This essay was inspired by Philip Kitcher's suggestion that in the first Critique Kant came close to anticipating Quine's “Two Dogmas of Empiricism.” It claims instead that Kant can more accurately be said to have written a critique of the “two dogmas of rationalism,” namely, the propositions that the predicate in every true proposition is contained in the concept of the subject (called the “predicate‐in‐notion principle”) and that sensible cognition is reducible in principle to purely conceptual or intellectual cognition (termed the “reducibility principle”). It is further claimed that these are mirror images of Quine's famous dogmas and that they reciprocally imply each other. Finally, it is argued that reading Kant in this ways shows that the fundamental problem with which the Critique deals is not how synthetic judgments are possible a priori but the possibility of a synthetic judgment as such.
Kant on Freedom of the Will
Authors: Allison Henry E.
Published: September 2012

This essay discusses the various conceptions of freedom to be found in Kant's texts, analyzes the connection between them and Kant's moral theory and epistemology, explores the contrast between the empirical and the intelligible character of the will, and examines Kant's controversial views on the relation between freedom and causal determinism. In addition, it frames Kant's account of free will historically in relation to the views of his immediate predecessors, who exerted the most influence on him, and his idealistic successors, who strongly criticized him but were greatly influenced by his views. The former group includes Leibniz, Wolff and Crusius, and the latter Fichte, Hegel, and Schopenhauer.
Elementary Logic
Authors: Bostock David
Published: September 2012

Frege, Peano, and Russell all shared what we now call elementary logic. Nowadays we think of this as given mainly by its criterion for validity, i.e. truth in all interpretations. But they were more concerned with elaborating its rules of proof. For illustration, the chapter gives an axiomatic set of rules, such as Frege and Russell used, though it does not reproduce their own versions. They did not think of the formulae of logic as schemata, open to many different interpretations.
Facts
Authors: Bostock David
Published: September 2012

Russell advocates a logically perfect language. Its names will be names for simple particulars, and its predicates will signify simple universals. It is not immediately clear what he means by ‘simplicity’, nor why he thinks it desirable, but he does admit that it may not be attainable. The true sentences of this ‘perfect’ language are supposed to have the same structure as the facts that make them true. Russell claims that there are negative facts and general facts, but not (e.g.) disjunctive facts. He implies that there are no intensional facts involving necessity, causality, or value. He does apparently accept facts concerning beliefs, which are either intensional in themselves, or which involve facts concerning the meanings of symbols, which must be intensional. But it is perhaps better to set these aside, as requiring a metalanguage for their proper expression. Even so, we cannot accept the claim that the structure of the world is revealed by the structure of (the perfect) language.
The Scandinavian heritage of English
Authors: Miller D. Gary
Published: September 2012

The major structural changes in the history of English originated in northeast England and are shared with East Norse. This chapter outlines the evidence for the extent of the different types of contact and discusses specific innovations. Because of the fused Norse‐English, there was a large amount of accommodation‐convergence, or koineization, accompanied by the death of Norse in England. Especially in the realm of morphology and syntax the linguistic influence was mutual. The innovations were shared with especially Old Jutland Danish.
Continuity and revival of classical learning
Authors: Miller D. Gary
Published: September 2012

Revival of the liberal arts and classical studies at several times was responsible for multiple periods of influx of Greek and Latin loanwords in English. This chapter outlines the works that were influential on the external history of English in connection with the continental background to the events in the British Isles discussed in previous chapters. The main topics are Ecclesiastical Latin, the reforms of Alcuin and Medieval Latin, the Humanistic and Neolatin of the Renaissance, the effects of printing and other factors on standardization, latinate vocabulary in Shakespeare and other literary works, and the technical and scientific terminology in the post‐Renaissance period.
Perspective: Otto the Great
Authors: Matthews Alastair
Published: September 2012

This chapter examines narrative perspective in the episode about Otto the Great in the Kaiserchronik. It argues against concentrating on focalization at the expense of other aspects of perspective, as much recent research has done, and presents Boris Uspensky's planes of perspective as an alternative analytical framework. The chapter shows, with reference to temporal, phraseological, and psychological perspective, that Otto is capable of reflecting on his actions rather than simply embodying the fixed ideological role of a model of good Christian rulership. The associated nuances of perspective are highlighted by means of comparisons with hagiographical and historiographical texts in Latin and the vernacular, including the Frutolf/Ekkehard chronicle.
Religious Pluralism and Islamic Law
Authors: Emon Anver M.
Published: September 2012

This book problematizes tolerance as a conceptually helpful or coherent concept for understanding the significance of the dhimmī rules, the Islamic legal doctrines that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmī rules are symptomatic of the messy business of ordering and regulating a diverse society. This understanding of the dhimmī rules allows us to view the dhimmī rules in the larger context of law and pluralism, and in that fashion, creates new spaces for analyzing Sharīʿa as one among many legal systems that, far from being unique, suffers similar challenges as other legal systems that also contend with the challenges of governing amidst diversity.
The Dhimmī Rules in the Post-Colonial Muslim State
Authors: Emon Anver M.
Published: September 2012

This chapter addresses two case studies of how premodern Islamic legal answers are used to respond to contemporary questions of governance. The case studies concern Saudi Arabia and Malaysia. In the Saudi Arabian case, the example concerns how premodern dhimmī rules inform the liability structure in wrongful death claims. The Malaysia case concerns a recent legal controversy about apostasy, where a woman sought to convert from Islam to Christianity. Although the second case is not strictly about the dhimmīs, it nonetheless highlights alongside the Saudi Arabian case how contemporary conditions of governance and Rule of Law give new meaning or intelligibility to premodern legal answers.
Russell, Wittgenstein, and Synthesis in Thought
Authors: Johnston Colin
Published: September 2012

Wittgenstein held that Russell's multiple relation theory of judgment fails to explain an atomic judgment's representation of entities as combined. He demonstrated this failure as follows. Under the multiple relation theory, an atomic judgment is a complex whose relating relation is judgment, the universal, and whose terms include the entities the judgment represents as combined. Taking such a complex we may arrive through the substitution of constituents at a complex whose relating relation is again judgment but whose terms do not include entities which are logically suited for combination. This second judgment complex will not represent any of its terms as combined, for entities that are logically uncombinable are unrepresentable as combined. Russell's theory does not, however, explain how the original judgment differs from the complex arrived at by the substitution of constituents such that the former but not the latter represents certain of its terms as combined.
The United Nations: No Hope for Reform?
Authors: Alston Philip
Published: September 2012

Utopia is a notion that is inevitably in the eye of the beholder, but the assumption of this analysis is that a strengthened and more efficient UN has the capacity to contribute in essential ways to more effective global governance arrangements. This chapter identifies various steps that would promote the type of realistically utopian reform that this volume seeks to identify. They include the following. Amending the Charter to eliminate the Trusteeship Council and ideally also the Economic and Social Council; ensuring sustainable financing for core UN activities. Promoting a ‘One UN’ approach to on the ground service delivery, but complementing this with a more consultative approach to local actors. Becoming more media savvy. Making vastly better use of new information and communications technologies; moving towards a ‘smart’ and knowledgeable Secretariat. And finally, devoting more resources to three substantive areas (electoral assistance; development of a police rapid response capacity; tackling corruption at the national level).
The Security Council: Progress is Possible but Unlikely
Authors: Fassbender Bardo
Published: September 2012

There is broad agreement that it is better to have the Security Council with all its flaws than to have no such institution at all. It is difficult to envisage developments of the Security Council in the direction of an institution effectively promoting and sustaining a global community based on the values proclaimed by the UN Charter. Nevertheless, a set of fairly realistic measures can be suggested. Firstly, the Western members of the Council, especially the permanent members, should realize that their dominance is very fragile. Secondly, the Security Council should attach more importance to collective goods and interests of all peoples inhabiting the earth than to the individual goods and interests of the states represented on the Council. Thirdly, the Council should have at its disposal more information from independent sources, gathered and evaluated in the Secretariat, instead of being dependent on information provided by member states, especially the permanent members, on the basis of the work of their secret services. The role of the Office of Legal Affairs in advising the Security Council in matters of international law should also be strengthened. Fourthly, action taken by the Council (in particular in the form of economic and military sanctions) needs to be more reliable and consistent, and less arbitrary. The Security Council should try to build a precedential case law which makes it possible to predict in general terms its course of action. Finally, sanctions imposed on individuals not belonging to a small circle of members of a government, military command, or the leadership of a non-state party to a conflict should remain an exception.
International Lawmaking: Towards a New Role for the Security Council?
Authors: Boyle Alan
Published: September 2012

Climate change represents one of the greatest challenges to international lawmaking the UN has ever faced. It is politically unrealistic to set up a new environmental organization and, on the other hand, the process frequently resorted to in the field of environmental law, namely inclusive consensus, is frequently unattainable. A possible alternative may lie in asking the UN Security Council to legislate on the matter, under its general power to deal with questions relating to the maintenance of peace and security. At present it is questionable whether the unreformed Security Council can be said to have the right process to make itself legitimate as a lawmaking body. Whether viewed in terms of accountability, participation, procedural fairness or transparency of decision-making, it remains a seriously deficient vehicle for the exercise of legislative competence. Nevertheless, this authority could be given to the Council subject to the condition that the involvement and the approval of the General Assembly would be required. Security Council resolutions should be debated and adopted in the General Assembly first, before giving them binding force in the Council. It would also be necessary to maintain and enhance deliberative and transparent processes in both the General Assembly and the Security Council when such resolutions are under discussion, but there is no reason why observers and accredited non-governmental organizations should not be involved at this stage as they are in the General Assembly.
Should the Implementation of International Rules by Domestic Courts be Bolstered?
Authors: Shany Yuval
Published: September 2012

Our traditional outlook on the world of adjudication regards domestic and international courts as two very different sets of institutions. Whereas domestic courts apply national law to disputes brought before them and are part of the local institutions of government, international courts apply international law and resolve disputes between two or more states. It appears, however, that the traditional view of the dividing line between national and international adjudicatory bodies is increasingly hard to reconcile with ongoing legal and political developments — in particular, the increased occurrence of jurisdictional overlaps, the assumption of a stronger international law-applying role by national courts, and the emergence of hybrid courts. The erosion of the boundaries between the said two categories of judicial institutions generates new opportunities for the future evolution of international law, but also entails a number of serious challenges. This chapter describes in Section 1 the principal contours of the process leading to the meshing of the domestic and international adjudicatory powers to apply international law. Section 2 discusses the principal implications of bolstering the international law-implementing role of domestic courts. Section 3 concludes by asking whether and how the international law-implementing role of domestic courts should be further encouraged.
The Future(s) of Regional Courts on Human Rights
Authors: Evans Malcolm D.
Published: September 2012

This chapter offers a reflection on the future — or rather, the futures — of regional courts of human rights. There are as many futures as there are Courts, and each must take its own path, informed by the institutional parameters, jurisdictional competencies, and substantive criteria which are of relevance. These futures will be different and vary for each from time to time as the configurations and ambitions of the various regional bodies evolve over time. The future of the regional courts themselves is of considerably less significance than the realization of the tasks they were established to fulfil. While, then, it remains important that they are as well equipped as possible to fulfil their functions within their discrete regional and institutional settings, it is equally important to recognize that they must remain responsive to the changing political and intellectual configurations which continue to shape and reshape not only those regional and institutional settings themselves but which also form and reform the nature of the international community as a whole, in the interest of the human person which that community is there to serve.
Genetic Manipulation: How to Strike the Right Balance between Technology and Respect for Human Rights
Authors: El-Zein Souheil
Published: September 2012

There has been a rapid increase in scientific and technological advances in the areas of genetic manipulation and genetic engineering or biotechnology in the past thirty years, and there is still a great deal that remains to be discovered. Although this fast-growing technology, mainly applied to medicines and foodstuffs, has been promoted for its potential benefit for welfare and growth in the field of life sciences and the economy, it poses considerable risks (to biodiversity, human health, the environment, etc.) on which research is still scarce and thus has raised regulatory challenges under both regional and international law. This chapter considers the reaction of international law to those challenges. The evaluation of the impact of the treatment of biotechnology under international law requires a plurality of approaches and different levels of inquiry, depending on the fundamental legal, social, and cultural distinction between human genetic resources and other genetic resources (plants and animals), even if the gene of animals and human beings are scientifically similar.
Belligerent Occupation: A Plea for the Establishment of an International Supervisory Mechanism
Authors: Ben-Naftali Orna
Published: September 2012

The international legal order seeks to regulate belligerent occupation. This regulation is classified as part of international humanitarian law. Accordingly, it reflects the sensibility of ‘the lesser evil’: the very phenomenon of occupation is assumed to be a necessary evil, and on the basis of this assumption, the law seeks to regulate it in a manner designed to minimize its painful consequences for the occupied civilian population and its disruptive effect on the international order. The very reference to ‘the lesser evil’ raises a problem. This is partly because ‘evil’ — rather than ‘good’ — is accepted as the proper realm of thought and action and partly due to the strong affinity thereby suggested to cost-benefit analysis. The first reason tends to curb our political imagination; the second, to pollute our moral and legal reasoning, at least in the context of humanitarian and human rights concerns. In a ‘realistic utopia’, the law of belligerent occupation would work to prevent both effects. This chapter assesses whether the legal regime of occupation responds adequately to these challenges, identifies areas where change is required, and proposes ways to introduce it.
Modern Means of Warfare: The Need to Rely upon International Humanitarian Law, Disarmament, and Non-Proliferation Law to Achieve a Decent Regulation of Weapons
Authors: Ronzitti Natalino
Published: September 2012

At present disarmament and international humanitarian law employ two different techniques for regulating weapons. While disarmament prohibits the build-up and stockpiling of weapons, humanitarian law regulates their use. The modern law on weapons is a combination of disarmament and humanitarian law. There are three techniques for prohibiting weapons and making their use a criminal offence: simply listing prohibited weapons; listing such weapons and asking states to enact penal legislation for their prohibition; or making the use of such weapons an international crime. With regard to possible future changes, it must be said that international humanitarian law is not the only way to achieve decent regulation of weapons. Arms control, non-proliferation, and disarmament instruments should be used to achieve a more suitable result. The choice of instruments available is also important. The indeterminacy and lacunae of customary international law makes it ill-suited for disarmament. Treaties are necessary for international humanitarian law, that is, for prohibiting the use of specific weapons. However, one should also rely on soft law for managing non-proliferation regimes and even arms control.
Carl Stumpf: A reluctant revolutionary
Authors: Trippett David
Published: September 2012

If historical events are to mark the boundaries of a life lived, one could be forgiven for suspecting that Carl Stumpf (1848–1936) might have been a political revolutionary: born during the months of revolutionary uprisings across Europe, he died a few months after Hitler's troops occupied the Rhineland in violation of the Treaty of Versailles. Yet, as a scientist, his convictions carried no muscular force; still less any political conviction. His sphere was intellectual. Though, as this chapter shows, this would prove no less influential in charting the course of the disciplines of psychology and (ethno)musicology, than the events that framed his life would serve to alter the course of European history.
“Two-Thousand Years of Stasis”
Authors: Gelman Susan A. , Rhodes Marjorie
Published: September 2012

This chapter examines how psychological essentialism poses a set of conceptual obstacles to a full grasp of evolutionary theory for ordinary (non-expert) children and adults. Specifically, this chapter describes five essentialist assumptions that are common in everyday thought and are inconsistent with evolutionary theory, including: assumption of category stability and immutability, assumption that category boundaries are strict and impermeable, failure to understand within-category variability, by either denying its existence or treating it as ‘noise’, treating causes as inhering in individuals rather than resulting from population-level forces, and viewing categories as progressing toward an ideal state. Some of these obstacles impede acceptance of evolutionary theory; others impede understanding evolutionary theory. The chapter concludes with speculations about implications for science education.
Teleological Minds
Authors: Kelemen Deborah
Published: September 2012

Natural selection is the process responsible for the functional adaptation of biological organisms. Despite its basic and applied scientific relevance, it remains one of the most widely misunderstood concepts of contemporary science. In this chapter, the conceptual underpinnings of some of these misunderstandings are explored and it is argued that many of them have their roots in cognitive biases that are observable in preschoolers and elementary school children. Central among these is the teleological tendency to explain phenomena by reference to function. The chapter presents developmental work exploring this tendency and also reviews recent findings concerning the possible origins of the bias. The chapter concludes with a discussion of the implications of this and other developmental research for early evolutionary education.
The Promise and Challenges of Introducing Tree Thinking into Evolution Education
Authors: Catley Kefyn M. , Novick Laura R. , Funk Daniel J.
Published: September 2012

Engaging in tree thinking (using phylogenetic diagrams to interpret and infer historical processes) is a prerequisite for understanding macroevolution. Tree thinking has become increasingly important in biology, with important ramifications for applied fields such as genomics, conservation, epidemiology, and pharmacology. Focusing on what is currently known about cognitive and perceptual constraints on students' tree-thinking skills the chapter reports on the effectiveness of business-as-usual instructional units on tree-thinking concepts in two upper-level classes for Biology majors and discussing how this knowledge can be used to inform curriculum development. The chapter argues for a paradigm shift in the way evolution is taught — from a strong focus on natural selection to a model that visualizes evolution as a broad hierarchical continuum which integrates both micro and macro processes with critical scientific reasoning skills.
How Do We Want to Be Represented? How Do We Differ?
Authors: Barker David C. , Carman Christopher Jan
Published: September 2012

This chapter begins with a discussion of the existing literature as it pertains to the instructed delegate versus trustee question. Then this chapter introduces our survey data and consider how, generally speaking, citizens tend to think about this question. The chapter shows that citizens tend to prefer instructed delegates, but not overwhelmingly so. The chapter then examines how the distribution of opinion changes according to (a) the types of issues being considered (e.g., foreign vs. domestic, and “hard” vs. “easy”) and (b) the institution doing the representing (the president vs. Congress). The chapter observes that citizens expect more trustee-style representation out of the president than they do of Congress, and slightly more trustee-style representation when the issues in question are cultural rather than economic.
Tranquility
Authors: Peponi Anastasia-Erasmia
Published: September 2012

Starting with James Joyce’s discussion of aesthetic pleasure as a distinct type of pleasure associated with an attitude he names “luminous silent stasis” (a phrase that picks up on and transforms Thomas Aquinas’s approaches to beauty), the chapter discusses various ways in which Greek thought represented, evaluated, and visualized modes of aesthetic experience akin to restful contemplation and tranquility. Xenophon, Plato, Greek vase paintings, and, finally, Homer exemplify diverse instantiations of aesthetic tranquility, some of which may in fact straddle the border between external motionlessness and internal agitation.
Is Religion Fit for Reconciliation?
Authors: Philpott Daniel
Published: September 2012

This chapter considers the liberal criticism that religious justifications for reconciliation do not belong in politics. It first shows that religion is pervasive in the global politics of reconciliation. It then answers the criticisms that religious claims are destabilizing and that religious claims are disrespectful. Finally, it proposes an ethic of political engagement that expands on the concept of “rooted reason” in Chapter 1.
Reconciliation in the Jewish Tradition
Authors: Philpott Daniel
Published: September 2012

This chapter provides a justification for the ethic of political reconciliation from the Jewish tradition. It seeks to show how the Jewish tradition provides a grounding for the concepts of reconciliation, justice, peace, and mercy that the previous chapters set forth. For these tasks, it turns both to an analysis of language as found in the Jewish scriptures and an analysis of God's response to evil as found in the Jewish tradition.
Four Practices: Building Socially Just Institutions, Acknowledgment, Reparations, and Apologies
Authors: Philpott Daniel
Published: September 2012

This chapter analyzes four practices of reconciliation-building institutions for social justice, acknowledgment, reparations, and apology. For each practice, the chapter shows how it has taken place over the past generation or so. Then, the chapter shows how each practice reflects the core commitments of the ethic of reconciliation. Next, it shows which primary and secondary restorations each practice performs and how each does so. Finally, it also explores particular moral and conceptual dilemmas that attend each practice.