bluuebunny/crossref_metadata_2025 huggingface dataset:
J. Cousin (ed., tr., comm.), Quintilien. Institution oratoire, Tome V (Livres VIII et IX)—Tome VI (Livres X et XI), Les Belles Lettres (Paris, 1978; 1979)
Authors: Winterbottom Michael
Published: May 2019

This review of the fifth and sixth volumes of Jean Cousin’s Budé edition of Quintilian’s Institutio Oratoria (1978, 1979) stresses that the translation is a model of accuracy and elegance, but states that the unfavourable judgements made in previous reviews from the same hand ‘continue to impose themselves’. The apparatus is said to be ‘as unsatisfactory as ever’, and ‘the manuscripts thus maltreated are otherwise abused’ (for example, the corrector of T is credited with a correction in Book 11 even though he ceased work on the manuscript in the course of the previous book). The reviewer discusses thirteen conjectures Cousin, sometimes wrongly, attributes to himself, and finds Cousin’s notes strong in Realien but not always very relevant or reliable.
M. Weissenberger (ed., tr., ann.), Sopatri Quaestionum divisio—SopatrosStreitfälle. Gliederung und Ausarbeitung kontroverser Reden, Königshausen & Neumann (Würzburg, 2010)
Authors: Winterbottom Michael
Published: May 2019

M. Weissenberger’ s Sopatri Quaestionum divisio—Sopatros: Streitfälle. Gliederung und Ausarbeitung kontroverser Reden (2010) is the first modern edition of a text important for the history of declamation in antiquity. It employs the material amassed in D. C. Innes and M. Winterbottom, Sopatros the Rhetor (1988) to produce a revised text that enormously improves on that of Walz in Rhetores Graeci 8 (1835), and includes a German translation and full notes. This review commends this achievement, but notes that the book is not much more easy to use than Innes and Winterbottom, the inconvenience of which Weissenberger deplores. The reviewer remarks on Weissenberger’s neglect of Sopatros’ prose rhythm, lists a number of passages where the text is still in doubt, and offers some new emendations. He ends: ‘Readers of Weissenberger’s…monumental book will need to be pretty knowledgeable…but they will be richly rewarded.’
Is the Capability Theory an Adequate Normative Theory for Labour Law?
Authors: Del Punta Riccardo
Published: May 2019

The chapter argues how the capability approach, taken essentially as a normative theory, can contribute towards providing a new and updated foundation for labour law. The conditions on the basis of which a political theory may be relevant to labour law are first discussed, while acknowledging that a unique theory cannot provide a justification for all labour law but, rather, for specific laws. As regards the discipline’s classical core, which is aimed at compensating the inequality of power inherent to the employment relationship, that is, at reducing (although never eliminating) the level of the employer’s domination over the employee in Pettit’s perspective, it is argued that these norms can also be interpreted in terms of the capability theory, provided that the latter goes beyond its methodological individualism and deals with the dimension of power inside social relationships. However, the theoretical gains provided by this interpretation do not seem decisive. Instead, it is argued that the latest generation of labour laws has proposed new regulatory perspectives that can be seen as aimed at promoting the workers’ capabilities. Several examples are made with regard to European labour law, which are characterized by a new philosophy of protection that goes beyond a merely paternalistic approach and aims at enhancing the worker’s autonomy and responsibility. In conclusion, the chapter suggests that the capability view could give a remarkable contribution to the renewal of the fundamentally social-democratic background of labour law in a perspective of advanced social liberalism.
Capabilities Approaches and Labour Law through a Relational and Restorative Regulatory Lens
Authors: Archibald Bruce P.
Published: May 2019

This chapter examines the question of whether the law should prohibit or prevent jobs that are robotic in the nature of their performance against two normative frameworks: first, the framework of human rights and, secondly, the framework of human capabilities. These two frameworks justify controls, albeit not necessarily the same, over the sorts of jobs that are available on the labour market. The chapter finds that both frameworks recognize the value of work as an important interest and an element of human flourishing, and both frameworks impose duties as to the content of work. The duties that human rights impose include the creation of work opportunities and the prohibition of exploitation at work, rather than the creation of meaningful work. Working like a robot, or like a cog in a machine, is not necessarily incompatible with human rights. However, it appears to be incompatible with Nussbaum’s account of human capabilities. It undermines both architectonic capabilities of practical reason and affiliation, the exercise of which affects all other capabilities. Even though boring and monotonous work is incompatible with this approach, it is less clear whether there should be a state duty to prohibit it, according to the theory of human capabilities. This is because work, even if boring and monotonous, may still be conducive to human flourishing for it is good for the enjoyment of several human capabilities. This lack of clarity as to the duties imposed in this area is a weakness of the capabilities approach.
(Re)Imagining the Trade–Labour Linkage
Authors: Gammage Clair
Published: May 2019

This chapter explores the role that international trade law can play in protecting and promoting workers’ rights. Using the capabilities approach to invert the normative foundation of the international trading system, this chapter proposes that the trade–labour linkage should be reimagined with a greater focus on human freedoms and capabilities. It will be argued that the increasingly formalist interpretation of trade rules at the multi-lateral level and in the context of free trade agreements (FTAs) has resulted in the marginalization of labour standards. A critical analysis of the recent Guatemala Labour Dispute, which is the first labour standards dispute to be brought under a FTA, is presented with a view to highlighting how the interpretation of international trade rules can result in the perpetuation of human unfreedoms. This chapter concludes by arguing that the capabilities approach offers an alternative vision for development, but the transformative potential for a just and equitable trade regime can only be realized if there is a meaningful commitment to human agency and participation.
The Legacy of the Financial Crisis
Authors: Smithers Andrew
Published: May 2019

The reputation of liberal democracy has fallen not only internationally but even within the UK and the US, which on current policies risk a decline in living standards and an even worse outcome should more to populist policies be implemented. Weak growth followed the financial crisis but was not caused by it. Holding otherwise is an example of the ‘post hoc fallacy’. Weak growth was caused solely by adverse changes in demography and poor productivity. Addressing both economists and the wider audience of those concerned with our economic and political future, this chapter shows that the adverse changes in demography and productivity have causes which predate the financial crisis by many years. The financial crisis was due to poor theory which led central banks to ignore the risks of high asset prices and excess debt. Poor theory today inhibits policy makers from recognizing that bonus culture policy has stifled growth.
The Cause of Poor Productivity
Authors: Smithers Andrew
Published: May 2019

The decline in productivity was preceded by a marked slowdown in the rate at which additions were made to the capital stock. As investment has weakened the growth in the capital stock has slowed, and this has clearly been the reason why productivity has been so poor. The model used for calculating GDP was changed in 2013, by treating R&D as final rather than intermediate output. The fall in tangible investment was thereby disguised through the increase in intangibles. The key message from the data is that tangible investment had been weak for many years before the recession of 2008 and that because of the measured increase in the investment in intangibles the extent of the decline has been often overlooked.
Ageing Populations
Authors: Smithers Andrew
Published: May 2019

The changes in demography, together with low investment and poor productivity, have been responsible for the whole of the decline in the trend growth rates of the UK and US economies. Living standards measured by GDP per person are given a boost when the population of working age grows faster than the total population. This favourable change in demography was the situation up to 2008. Until then living standards tended to improve faster than productivity. Since then the total population has been growing faster than the numbers of working age and living standards will now tend to grow less rapidly than productivity. The impact on prosperity has been sharp because we have moved from a favourable to an unfavourable situation.
Two Models of Growth
Authors: Smithers Andrew
Published: May 2019

In order to devise an appropriate policy to boost growth it is essential to understand its causes, which in Solow’s accounting framework depend on changes in capital, labour, and technology. Both the model discussed here and the standard consensus interpretation follow Solow, but differ significantly with regard to their results and the appropriate policies they indicate. The one set out here is more optimistic: it shows that growth can be advanced through additional investment not just from changes in technology. This chapter argues that the consensus approach is unscientific because untestable and that, in, contrast, the model set out here is testable and robust when tested and should therefore be preferred. The two key differences in the models which produce this divergence are the way in which capital volumes are calculated and the influences other than technology which determine the level of investment and the volume of the capital stock.
Testing the Proposed Model
Authors: Smithers Andrew
Published: May 2019

Changes in NTV can be calculated from two independent data sources, first from the differences between the growth rates of employment and the volume of capital and secondly from the changes in the constituents of NTV. Their independence allows the model to be tested. The significant correlations between the two are evidence for the robustness of the model and thus for the validity of the conclusions derived from it. Due to data limitations, changes in NTV for companies are compared with those for the economy as a whole. The correlations are strong for profit margins and leverage throughout the whole period from 1946 to 2016 and for the period 1966 to 2016 are strong for all constituents of NTV except interest rates. The proposed model should therefore be preferred to the current consensus model. It is testable and robust when tested while the standard approach appears to be untestable.
Investment, the Capital Stock, and Economic Policy
Authors: Smithers Andrew
Published: May 2019

Of the constituents of NTV only corporation tax and the hurdle rate seem credible targets for policy changes designed to boost labour productivity. The hurdle rate is stable over the long term so corporate investment usually responds to changes in RoE. It did so until 2000 but not since. The relationship between investment and corporation tax shows similar stability until the breakdown in 2000. These relationships provide the link between the level of investment and the growth of the capital stock. The sharp change in the investment response to favourable changes in tax and RoEs must have occurred because of an adverse change in one or more of the other constituents of NTV. But all constituents have changed in a favourable direction except the hurdle rate, whose change must have caused the current low level of tangible investment.
The Bonus Culture Has Raised the Hurdle Rate
Authors: Smithers Andrew
Published: May 2019

The rise in the hurdle rate shows a change in management behaviour caused by the preceding change in incentives. Following a dramatic rise in US CEOs’ salaries and bonuses in the decade to 2000 there have been no significant changes since. This change in incentives had the usual effect, with a natural time lag, of changing behaviour. The benefits for management that come from improving short-term profits have risen sharply compared with the longer-term benefits from corporate investment, which are unchanged. This has discouraged investment in a similar way to a rise in the hurdle rate on equity. These incentives are much stronger for quoted than unquoted companies and it is for the former that the weakness of investment has been most marked. This provides additional evidence of the bad impact on the economy that has been caused by modern management pay systems.
Management and Shareholder Interests
Authors: Smithers Andrew
Published: May 2019

Objections to the bonus culture because it is unfair and morally unpleasant raise serious issues, but have diverted attention from its economic damage. Pay has also been misinterpreted as being an issue between management and shareholders. But shareholders are not damaged as, unlike the economy, they do not benefit from faster growth in GDP. This can be seen by comparing the growth rates of different countries and the returns that have accrued to shareholders. Shareholders are not a homogenous group. Those who are retired benefit from high share prices. Those saving for their retirement should like low prices so that they will have high returns on their savings, but few recognize their ‘real interests’ in this way. No group of shareholders likes, in practice, to have the prices of their shares decline.
Deflation
Authors: Smithers Andrew
Published: May 2019

The demonization of deflation has drawn attention away from the key problem of productivity. It arises from the two errors that deflation causes recessions and that investment responds to real interest rates. Deflation can be a symptom of inadequate demand but it can also occur when demand is strong. The fallacy depends on ignoring history and the importance of inflationary expectations. These were low in the late nineteenth century, allowing output to grow strongly while prices declined. Low expectations today have allowed stable prices to be combined with falling unemployment. But such expectations are very volatile. Should they rise a sharp increase in interest rates will be needed to prevent stagflation. This will be more dangerous today that it was on the previous occasion in 1982, as asset prices are now overvalued and were then cheap and debt levels were low.
The UK Is Similar to the US
Authors: Smithers Andrew
Published: May 2019

The UK resembles the US, with similar adverse changes in demography and productivity. Sharp falls in investment in both countries started well before 2008 and caused the subsequent slow growth in the net capital stock and labour productivity. The UK has experienced a similar rise in management pay and bonuses, so it is probable that the decline in investment and productivity in the UK is also the result of the perverse incentives of the bonus culture. Poor data means that the relationship between investment corporation tax and RoE cannot be tested for the UK. Like the US, however, large companies have been the main cause of the decline in investment and productivity. Brexit is likely to depress real living standards and amplify the problem of low to zero growth.
Changing the Economic Impact of Current Incentives
Authors: Smithers Andrew
Published: May 2019

The other way to improve investment and productivity is to leave the incentives unchanged but change their impact on investment. Managements would be encouraged to invest if this raised EPS more than buy-backs and TSRs more than dividends. These aims would be achieved by making all investment allowable as an expense for corporation tax in the year the money was spent. The depreciation charged in company accounts would not rise but the tax charge would fall the higher the level of investment. The basic rate of corporation tax would have to rise to offset the loss of revenue, but this could be limited by disallowing interest as an expense. This would be a great benefit as it encourages excessive leverage and buy-backs.
Blue, White, and Red Heat
Authors: Saumarez Smith Otto
Published: May 2019

This chapter looks at central government’s role in directing the way in which local authorities enacted central-area redevelopment schemes. It shows how modernist ideas were sustained by a broadly consensual cross-party political culture in central government. It shows how the Joint Urban Planning Group, set up within the Ministry of Housing and Local Government, provided guidance to local authorities in how to form public–private partnerships to redevelop their city centres. The last section discusses the fate of these ideas during Labour’s first term after the 1964 election, and argues for an economic explanation of the initial reaction against modernist approaches to the built environment.
Blackburn Goes Pop
Authors: Saumarez Smith Otto
Published: May 2019

This chapter illustrates how modernist ideas related to local concerns and aspirations, through a representative case study of the building of a new central-area shopping centre in the Lancashire city of Blackburn. The first section introduces the scheme and its architect-planners, Building Design Partnership. The second section discusses aspects of Blackburn’s political culture that were influential in such a drastic approach being taken, stressing especially the background of deindustrialization. And the third section argues for the importance of local shopkeepers in how schemes panned out in local contexts, contrasting different conceptions of civic pride that were perceivable in Blackburn at this date. Blackburn’s city-centre development is then compared with similar schemes in Salisbury and Leicester, where local contexts led to different outcomes.
The Erotics of Doubt
Authors: Hyman Wendy Beth
Published: May 2019

“The Erotics of Doubt” contends that the carpe diem trope whose classical form was an expression of pragmatic Epicureanism became, during the religious upheaval of the Reformation, an unlikely but effective vehicle for articulating religious doubt. For a diverse group of early modern poets, an encounter with ancient theories of essence and substance enabled the articulation of a skeptical hypothesis almost impossible to imagine in any other cultural venue. The unassuming carpe diem trope, that is, parlays classical physics’ materialist paradigm into a robust discourse founded entirely upon the presumption of mortality. The chapter shows that the erotic invitation’s discursive environment—its pitting of assaultive rhetorician against naïve virgin—is inherently confrontational. It reveals, through readings of Herrick, Marlowe, Ralegh, and others, that the dynamic structure that propels a lusty speaker towards consummation is latent with rhetorical and dramatic potentiality. To explore these issues, the chapter turns to Shakespeare’s Measure for Measure, whose central crisis is generated by a series of unwelcome invitations made to the play’s singular virgin, pressed to surrender her chastity in order to spare her condemned brother from execution. The cloud of unredeemed death that hangs over the play forces a “measurement” of that chastity as weighed against the evocative materialist nightmare it fails to redeem.
Afterword
Authors: Hyman Wendy Beth
Published: May 2019

The afterword, “Learning to Imagine What We Know” attempts to articulate a material poetics, rather than a metaphysics, of the mind in extremis, at the places where life, time, representation, and knowledge can go no further. Deleuze, in “The Simulacrum and Ancient Philosophy,” contends that “the atom is that which must be thought, and that which can only be thought.” Angus Fletcher, in the chapter “Marlowe Invents the Deadline,” makes a stunningly similar claim: “Time, finally, can only be thought.”Impossible Desire recognizes the elusive hymen, too, as a conceptual morsel that fuses sexual and epistemological conquest. It demarcates, and arouses a desire to transcend, the limit point of human knowledge. But this erotically charged search for knowledge occurs, for the carpe diem poet, in the absence of teleology. He recognizes no promise of full revelation, and only a perpetually receding horizon of further things unknown. Despite this, he uses poetry to create unlikely but capacious domains for the unthinkable, an aspiration identified as an act of world-making. As George Steiner puts it, “deep inside every ‘art-act’ lies the dream of an absolute leap out of nothingness, of the invention of an enunciatory shape so new, so singular to its begetter, that it would, literally, leave the previous world behind.” The conclusion of Impossible Desire locates this ontological leap in carpe diem poetry’s attempt to expand the increments of existence within the interstices of poetry, ultimately the only mortal place wherein one can make “this one short Point of Time/… fill up half the Orb of Round Eternity.”
What Causes Populism?
Authors: Pappas Takis S.
Published: May 2019

Chapter 3 is largely about the essentials of populism—its nuts and bolts, so to speak, that are absolutely necessary to facilitate its emergence—including notions of the people, political leadership, and symbolic discourse. The chapter introduces a fine distinction of three different subtypes of “the people,” each with their own characteristics and political mindset, going beyond easy generalizations about alleged uniformity. A comparative analysis of populist leaders follows, which, based on an original reconceptualization of political charisma, demonstrates a surprisingly high correlation between extraordinary leadership and populist success. Ordinary people and extraordinary populist leaders forge their relationship through specific narratives that are based largely on individual fears and deeply held social resentment. The last section in the chapter models the causality of populism, which is also presented as a concise diagram.
How and Where Does Populism Thrive?
Authors: Pappas Takis S.
Published: May 2019

Chapter 4 answers the question: How, and where, does populism rise to power? through an empirical examination of the concepts and theories established in earlier chapters It begins with an elaborate analysis of the most important cases of populist emergence in postwar Europe and Latin America (including, in order of historical appearance, Argentina, Greece, Peru, Italy, Venezuela, Ecuador, and Hungary) and continues, in counterfactual fashion, with two nation cases, Brazil and Spain, in which populism could have grown strong, but did not. This is followed by an analysis of modern U.S. populism in a comparative perspective. American populism, in particular, offers several insights, especially into the role of extraordinary radical leadership and the complexities of dealing with the “people” as an ostensibly homogeneous social unit in an otherwise heterogeneous society.
How Does Populism Endanger Democracy?
Authors: Pappas Takis S.
Published: May 2019

Chapter 7 examines populist legacies and asks: How does populism endanger democracy? The first part addresses a set of questions about the lessons that can be learnt from our comparative study of populism. What has happened to the countries that experienced populist rule? Which are the particular paths each of them has followed after populist rule? And, do we find any evidence to support the claim that so often makes the rounds in academic and public debate that populism may serve as a “corrective” to democracy? The second part concerns questions on the future of liberal democracy in the face of growing populism. Can liberal democracy survive the populist surge? How?
Epilogue
Authors: Bullivant Stephen
Published: May 2019

Whether and to what extent the Second Vatican Council (either as a whole, or some particular aspect of its teaching and/or implementation) is to blame for the significant declines the Church has experienced in the decades following it is a question of significant dispute. The Epilogue to Mass Exodus addresses the question head on. It emphasizes the range of (non-Catholic-specific) social and cultural factors, discussed at length in earlier chapters, that have undoubtedly impacted upon Catholic retention. The notable declines witnesses by other major denominations over the same period, moreover, strongly suggest that Catholicism would also have suffered, even without the turbulence of Vatican II (and/or Humanae Vitae). Nevertheless, Vatican II cannot be absolved so easily. For a Council explicitly intended to read the signs of the times, to equip the Church to meet the challenges of the contemporary world, and indeed to make the Mass ‘pastorally efficacious to the fullest degree’, then it is very hard to escape that conclusion that, in Britain and America at least, it has failed to live up to its own expectations.
Milton
Authors: Burrow Colin
Published: May 2019

This chapter considers the role played by imitatio in John Milton’s Paradise Lost and Paradise Regained. It shows how the traditional opposition between a ‘living’ imitation of a past text and a mere simulacral resemblance of it shapes the way Milton represents the imitated world of hell. It goes on to contextualize Milton’s understanding of imitatio. Milton was influenced by changing ways of presenting localized allusions or ‘imitations’ in editions of classical texts, by the educational thinking of the circle around Samuel Hartlib, and by the ways in which his friend Francis Junius interpreted Quintilian’s Institutio. Paradise Lost was composed in a period during which the word ‘imitation’ came to be used in new ways. It could be applied to translations which adapted classical texts to the manners of the present, and also to pastiches in the vernacular of another author’s style. Milton both resisted and responded to these developments. The chapter then shows how Milton was among the earliest writers to treat classical texts as (in a rather literal sense) ‘models’, which provide not words or images for a later writer but scalar templates for future works. The history of that word is explored, as is Milton’s use of the dizzying effects of scale which follow from an imitator regarding the texts which he imitates as ‘models’ in this sense. The chapter concludes with a discussion of such scalar effects in relation to the representations of both Rome and the Temple at Jerusalem in Paradise Regained.
The Morphology of Dutch
Authors: Booij Geert
Published: May 2019

This book is the first fully-fledged description of the morphological system of Dutch in English. Inflection, derivation, and compounding are each discussed in separate chapters, following a short exposé on the basic assumptions of morphological theory. The interaction of morphology with phonology and syntax is dealt with subsequently. The chapters also provide access to more detailed studies of Dutch that have appeared in the Dutch and international literature. The book shows that the morphology of Dutch poses many interesting descriptive and theoretical issues. It contributes to ongoing discussions on the nature and representation of morphological processes, the role of paradigmatic relations between words, and between words and phrases, and the interaction between morphology, phonology, and syntax. Crucial use is made of the notion ‘construction’, a systematic pairing of form and meaning. The theoretical implication of this analysis of Dutch morphology is that the grammar of natural languages has to be conceived of a multi-dimensional network of abstract morphological and syntactic patterns and their instantiations as individual words and phrases. The book will be of relevance to students of Germanic languages, general linguists, typologists, computational linguists, and psycholinguists.
The interface of morphology and phonology
Authors: Booij Geert
Published: May 2019

This chapter discusses how morphology and phonology interact in the morphological system of Dutch. Bound morphemes differ in their phonological make-up from lexical morphemes. Morphological structure is not isomorphic to prosodic structure, which serves to explain how morphological structure determines the pronunciation of complex words. This is also an essential insight for understanding the gapping of parts of complex words. Many bound morphemes behave as prosodic words of their own. Allomorphy, both of stems and affixes is pervasive in Dutch, and the chapter discusses how the various types of allomorphy can be accounted for. The stacking up of affixes is also constrained by phonological factors.
An Overview of Good Governance
Authors: Addink Henk
Published: May 2019

Good governance is needed because of legislative gaps, prevention of corruption, maladministration, and mismanagement, and fragmentation of administrative law norms. The concept of good governance has been developed in addition to aspects which can already be found in the rule of law and democracy concepts but are also related to the institutional framework of the government. The term ‘government’ is used for all the powers in the state; the administration is only one of these powers. These powers must fulfil certain norms, principles which sometimes are unwritten and developed by the judiciary or the ombudsman but more and more codified in the frame of the general (administrative) legislation. All the institutions of the government are involved in the development of these principles of good governance. There is not only a separation between the powers of the state, but more and more there are interactions between these powers in the development of principles of good governance and, hence, there is a balance between these principles. Therefore, there are different producers and sources of good governance.
The Rule of Law and Good Governance
Authors: Addink Henk
Published: May 2019

The concept of the rule of law has different—common law and continental—historical roots and traditional perspectives. The common law tradition is more focused on limiting the powers of the state, whereas the continental tradition focuses on not just to limit but also to empower the government. But both systems have a focus on the rule of law. The rule of law in the classical liberal tradition is based on four elements: legality, division and balance of powers, independent judicial control, and protection of fundamental rights. The differences between rule of law and rechtsstaat are: different concepts of the state, mixed legal systems and different approaches of a constitution, and different perspectives on human rights. There are two levels of development: a model in which law is a way of structuring and restricting the power of the state, the second level is more subjective and has important individual positions. The concept of good governance related to these developments makes clear the need to broaden the concept of the rule of law.
The Principle of Properness
Authors: Addink Henk
Published: May 2019

In general, the (sub)principles of properness have (in most countries) the longest history of the six principles of good governance. These principles were developed because the traditional formal approaches to legality were too narrow for adequate control of the government. These principles were often developed by the judiciary as unwritten principles, as well as by the ombudsman or as policy principles in policy papers. Several of these principles have been codified in the laws of different countries. In many countries, the process of codification of unwritten norms is at a different stage, but the foundations of these principles are often comparable. Different courts developed a rather sophisticated way of protecting the rights of individuals: sometimes by developing unwritten principles or by having a more extensive interpretation of the law. The lines of development of the principles of properness were illegality, irrationality, and then impropriety. The following step was the specification of (sub)principles, such as equality, legal certainty, carefulness, and motivation. Each of these categories was specified by means of a principles-based approach and a rights-based review. This development sometimes went faster under the influence of international human rights treaties. However, the innovation of judicial review went through by formal and material principles. In the principles of properness, we distinguish the following elements: formal carefulness (hearing as part of natural justice), abuse of power (abuse of discretion), rationality (substantial carefulness), proportionality, legal certainty, legitimate expectations, and equality and reasoning.
The Principle of Effectiveness
Authors: Addink Henk
Published: May 2019

The (sub)principles of effectiveness is rather new for many lawyers. This novelty is partly because these principles are related not only to law from a more classical perspective but also to academic fields like social sciences and economics. Modern textbooks on administrative law are sometimes split into two parts: one part on administration and law and another part on law and administration. The first part is, from an administrative law perspective, the most innovative. It is mainly focused on policy, constitutional, and organizing aspects of the administration. The approach is contextual, and it draws on different disciplines. It deals with administrative developments, centralized and decentralized administration, the different types of administration, the management aspects of administration, the development of agencies, the different methods of internal and external coordination, and the position of the key players in the field of the administration. The second part concerns the analysis of the principles of judicial review as they have been developed by the courts, the ombudsman, and other controlling institutions. These principles are applied to control and structure the administration. It also takes full account of the legislative and political initiatives that are relevant for the development of administrative law, including the role played by the different powers in the state. In this chapter, we integrate these two parts of ‘administration and law’ and their corresponding approaches. This reflects the interdisciplinary nature of the development of the principles in general and more specifically in the (sub)principles of effectiveness. These principles can also be applied mutatis mutandis in other contexts that restrict the perspective of the administration in a narrow sense, like the administrative court and the fourth power institutions.
The Principle of Human Rights
Authors: Addink Henk
Published: May 2019

The term ‘human rights’ has different meanings and is used in many academic subjects. It is used by lawyers and politicians, by philosophers and theologians, and, more generally, by the public. The term is used to denote a broad spectrum of very diverse rights, ranging from the right to life to the right to a cultural identity. They involve all elementary preconditions for an existence worthy of human dignity. These rights are ordered and specified in different ways. Often a distinction is made between civil and political rights on the one hand and economic, social, and cultural rights on the other. Some also add collective rights as a third group. The first group is related to restricting the powers of the state in respect of the individual. The second group often requires governments to intervene actively to create good conditions for human development, such as employment, education, and healthcare. When we speak about the right to good governance we must distinguish between the right as such and the underlying norms which are part of the principles of good governance: properness, transparency, participation, effectiveness, and accountability. This means that the underlying norms of the right to good governance are also related to these five principles. The inclusion of human rights as one of these principles here is to make it more explicit that this is not only a subjective right for the citizens but also an obligation for the government. The right and the obligation are two sides of the same coin.
Implementation of the Principles of Good Governance on the National Level
Authors: Addink Henk
Published: May 2019

In ‘Good governance in the EU member states’ we investigated the interpretations and implementation of good governance and its principles in the EU member states, taking into account the different functions of government bodies. Good governance implementation is of growing importance on a national level in the fulfilment of public tasks by the public authorities, but also in relation to private institutions, when fulfilling tasks that are in the public interest. The common interest is related to a society’s underlying public values and it is directly linked to the concept of good governance. Good governance has a dual nature: the factual and the ideal. The factual dimension is represented by the realisation of good governance as an administrative fact and the ideal dimension in the element of conceptual (moral) correctness. Once conceptual correctness is acknowledged as a necessary element, the picture fundamentally changes: a non-positivist concept of good governance evolves. Good governance promotes cultural, economic, and social dynamics coherently within a society and in concrete situations. Good governance is the backbone of any modern European state. Also, some studies about good governance in states outside the European Union. Of course, there are important differences between and within continents; nevertheless, we can take a similar approach to other states in Africa, America and Australia. One of the new elements is also the attention to the issue of integrity in relation to the concept of good governance. We will present more clearly the concept of good governance in its concrete sense inside and outside Europe. We found good governance norms specified in legislation, policy documents, and decisions of courts and other controlling institutions like the ombudsmen and the courts of audit. A special point of attention is the link—in both theory and practice—between good governance and integrity.
Implementation of the Principles of Good Governance on the National Level outside the EU
Authors: Addink Henk
Published: May 2019

In this chapter, the focus is on the implementation of good governance norms in three countries outside Europe: Australia, Canada, and South Africa. Relating to the implementation of the good governance principles in Australia, we start with the historical background and good governance approaches in the country. There is a classical rule of law and separation of powers but also new administrative law reforms and including the position of the fourth power. Important is the role of the Ombudsman and the relation between good governance and human rights. Especially the principles of participation, transparency and accountability have been worked out. The idea of integrity goes beyond matters of simple ‘legality’. Important is the influx of integrity commissions, ombudsmen and means of judicial and merit review. Although Canada does not have specific legislation that explicitly outlines good governance principles, it is clear that Canada has put them into practice. The Constitution guarantees Canadian citizens ‘peace, order, and good government’. The rule of law provides that every person must abide by the law and Section 15 guarantees equality rights to Canadian citizens. The judiciary is also a source for good governance. Finally, administrative officials are held accountable by judicial review, section 24 of the Charter, and with the ombudsmen. Nevertheless, there is still room for improvement. South Africa has extensively integrated good governance principles into its legal system, but faces the same problems that other developing countries in Africa have. Thus, although South Africa has a sound legal foundation for good governance, lessons can still be learned on how to translate these legal norms into practical application.
Implementation of the Good Governance Principles on the International Level
Authors: Addink Henk
Published: May 2019

By the end of the twentieth century, the concept of good governance was applied in specific policy fields like international environmental law and in the more general frame of policy by the international organizations. The good governance perspective has also been developed in the context of globalizing administrative law. At present, the implementation of good governance has a much broader meaning than it did twenty years ago. The concept is clearly in development and transition. Elements such as propriety, transparency, participation, accountability, accountability and human rights have been added to the concept. All these elements have been incorporated into several documents over the course of time. Within the framework of the Council of Europe, the ECtHR develops its own interpretation of the principle of good governance in the review of government action. We see that the principles of international law and more specifically the principle of effectiveness and the principle of legitimate expectation have been applied by the WTO Dispute Settlement Body. At the grassroots of international law, good governance has been accepted as a principle of law, in national legal systems, and from there in regional and international institutions. So, it functions as a norm for the administration and the court uses elements of the principle in its review. The concept is applied as such and in the different policy fields. In describing the conditions for principles of international law we conclude that the good governance principle is a principle of international law.
Necessity Lost
Authors: Shieh Sanford
Published: May 2019

A long tradition, going back to Aristotle, conceives of logic in terms of necessity and possibility: a deductive argument is correct if the truth of its conclusion follows necessarily from the truth of its premises or, put differently, if it is not possible for the conclusion to be false when the premises are true. A relatively unknown feature of the analytic tradition in philosophy is that, at its very inception, this venerable conception of the relation between logic and modality was put into question. The founders of analytic philosophy, Gottlob Frege and Bertrand Russell, held that there are no genuine distinctions among the necessary, the possible and the actual. In this first of a two-volume book, I investigate the grounds and consequences of this anti-modal position. The grounds lie in doctrines on truth, thought, and knowledge, as well as on the relation between mind and reality, that are central to the philosophies of Frege and Russell, and are of enduring philosophical interest. The main consequence is that logic is fundamental, and, to be coherent, modal concepts would be reconstructed in logical terms. This rejection of modality in early analytic philosophy remains of contemporary significance. The coherence of modal concepts is rarely questioned nowadays, because it is assumed that suspicion of modality derives from logical positivism, which has not survived philosophical scrutiny. The anti-modal arguments of Frege and Russell, however, have nothing to do with positivism, and remain a challenge to the contemporary acceptance of modal notions.
Philosophical Papers
Authors: Humphreys Paul
Published: May 2019

Paul Humphreys pioneered philosophical investigations into the methodological revolution begun by computer simulations. He has also made important contributions to the contemporary literature on emergence by developing the fusion account of diachronic emergence and its generalization, transformational emergence. He is the discoverer of what has come to be called “Humphreys” Paradox in probability theory and has also made influential contributions to the literature on probabilistic causality and scientific explanation. This collection contains fourteen of his previously published papers on topics ranging from numerical experiments to the status of scientific metaphysics. There is also and a previously unpublished paper on social dynamics. The volume is divided into four parts on, respectively, computational science, emergence, probability, and general philosophy of science. The first part contains the seminal 1990 paper on computer simulations, with three other papers arguing that these new methods cannot be accounted for by traditional methodological approaches. The second part contains the original presentation of fusion emergence and three companion papers arguing for diachronic approaches to the topic, rather than the then dominant synchronic accounts. The third part starts with the paper that introduced the probabilistic paradox followed by a later evaluation of attempts to solve it. A third paper argues, contra Quine, that probability theory is a purely mathematical theory. The final part includes papers on causation, explanation, metaphysics, and an agent-based model that shows how endogenous uncertainty undermines utility maximization. Each of the four parts is followed by a comprehensive postscript with retrospective assessments.
Computer Simulations
Authors: Humphreys Paul
Published: May 2019

The need to solve analytically intractable models has led to the rise of a new kind of science, computational science, of which computer simulations are a special case. It is noted that the development of novel mathematical techniques often drives scientific progress and that even relatively simple models require numerical treatments. A working definition of a computer simulation is given and the relation of simulations to numerical methods is explored. Examples where computational methods are unavoidable are provided. Some epistemological consequences for philosophy of science are suggested and the need to take into account what is possible in practice is emphasized.
Probability and Propensities
Authors: Humphreys Paul
Published: May 2019

Retrospective reflections are provided on the papers “Why Propensities Cannot Be Probabilities,” “Some Considerations on Conditional Chances,” and “Probability Theory and Its Models” by Paul Humphreys. A discussion of whether probability theory is a mathematical or an empirical theory is provided and the point made that mathematical theories are not revised but replaced when used as models of empirical phenomena. Probability theory qua formal theory has a mathematical interpretation but any empirical interpretation, contra Quine, is completely detachable. A replacement for Quine’s web metaphor is suggested. The author assesses Donald Gillies’ response to Humphreys’ Paradox, and reasons not to abandon the single case propensity interpretation of probabilities are given. Responses to the paradox by Mauricio Suárez, Isabelle Drouet, Leslie Ballentine, and David Miller are discussed, and an argument given that the temporal evolution approach is primary for absolute propensities.
Endogenous Uncertainty and the Dynamics of Constraints
Authors: Humphreys Paul
Published: May 2019

An agent- based model of social dynamics is introduced using a deformable fitness landscape, and it is shown that in certain clearly specifiable situations, strategies that are different from utility maximization outperform utility maximizers. Simulation results are presented and intuitive interpretations of the results provided. The situations considered occur when individuals' actions affect the outcomes for other agents and endogenous effects are dominant. The Tragedy of the Commons is merely a special case of this. Arguments are given that constraints are to be encouraged in some circumstances. The appropriate role of constraints in various types of society is assessed and their use justified in identifiable types of situations.