bluuebunny/crossref_metadata_2025 huggingface dataset:
The Combatants
Authors: Hadfield Phil
Published: January 2009

This chapter introduces the third and final section of the book, entitled ‘Contemporary Contestations’. The concern here is to provide an account of licensing litigation which explains how we have come to have night-time cities that are dominated by branded bar chains and so-called ‘circuit drinking’. The adversarial nature of the licensing trial is emphasized and the chapter presents a typology of the various groups one encounters as participants to such proceedings, including residents and day-time businesses, alcohol campaigners and moral entrepreneurs, police licensing officers, applicants (including pub chain executives and independent entrepreneurs), their customers, competitors and wider industry lobby groups, local authorities, expert witnesses, and licensing consultants. The chapter describes the relative positioning and power bases of each group as players within a high stakes regulatory game.
The place of the Advocate General in the procedure of the European Community Courts
Authors: Burrows Noreen
Published: January 2009

This chapter discusses the role of the Advocate General in the context of proceedings before the European Court of Justice. Topics covered include procedure in the European Court of Justice (written, oral, and deliberation), Article 300(6) EC procedure, Article 103 EUROATOM procedure, and the Court of First Instance.
Walter van Gerven and the principle of equal treatment of men and women
Authors: Burrows Noreen
Published: January 2009

This chapter focuses on Advocate General Walter van Gerven and his contributions to the principle of equal treatment of men and women. Walter van Gerven was Advocate General in the European Court of Justice for six years between 1988 and 1994. During that time he delivered Opinions in almost 200 cases. Van Gerven delivered Opinions in 15 cases involving aspects of gender discrimination. His was the most significant analysis available to the Court on the very contentious issues arising in cases relating to occupational pension schemes.
Conclusion
Authors: Burrows Noreen , Greaves Rosa
Published: January 2009

This chapter presents some concluding thoughts from the authors. It argues that Advocate General is very much involved in the decisions taken by the Court in managing its case-load, and is fully involved in judging the importance of the issues raised in the case and how the case should proceed. It is further argued that in exercising their function, the Advocates General need to address all the issues and arguments that have been raised in the case. The future role of Advocates General is then discussed.
Atlantic Families
Authors: Pearsall Sarah M. S.
Published: January 2009

The Atlantic represented a world of opportunity in the 18th century, but it represented division also, separating families across its coasts. Whether due to economic shifts, changing political landscapes, imperial ambitions, or even simply personal tragedy, many families found themselves fractured and disoriented by the growth and later fissure of a larger Atlantic world. Such dislocation posed considerable challenges to all individuals who viewed orderly family relations as both a general and a personal ideal. The more fortunate individuals who thus found themselves ‘all at sea’ were able to use family letters, with attendant emphases on familiarity, sensibility, and credit, in order to remain connected in times and places of great disconnection. Portraying the family as a unified, affectionate, and happy entity in such letters provided a means of surmounting concerns about societies fractured by physical distance, global wars, and increasing social stratification. It could also afford social and economic leverage to individual men and women in certain circumstances. This book explores the lives and letters of these families, revealing the sometimes shocking stories of those divided by sea in a series of microhistories. Ranging across the Anglophone Atlantic, including mainland American colonies and states, Britain, and the British Caribbean, the book argues that it was this expanding Atlantic world — much more than the American Revolution — that reshaped contemporary ideals about families, as much as families themselves reshaped the transatlantic world.
The Repentant Son and the Unforgiving Father: Making a Man of Feeling, a Man of Credit
Authors: Pearsall Sarah M. S.
Published: January 2009

This chapter, which focuses on Virginia and Scotland, looks at a rupture between a father and a prodigal son, over issues of sensibility and sentiment, but mainly over issues of credit, in the period immediately following the American Revolution. It seeks to understand why a father remained so furious at a son who died young that it was difficult for the son to obtain forgiveness, even in death. The importance of credit, in economic, political, and domestic terms, is central to this story. The chapter also sketches the ways that the social and political merged, so that a political background could significantly affect the way a father-son relationship played out. It corrects notions of rigid Loyalism or anxious patriarchy, and instead concentrates on the pressures of an Atlantic economic and credit system.
The Paradigm of Law Enforcement
Authors: Melzer Nils
Published: January 2009

This chapter discusses the concept of law enforcement. The basic concept of law enforcement comprises all territorial and extraterritorial measures taken by a State to vertically impose public security, law, and order or to otherwise exercise its authority or power over individuals in any place or manner whatsoever. The normative paradigm of law enforcement comprises the rules, principles, and standards of international law, which govern the conduct of law enforcement activities and determine the lawfulness of such activities. In terms of substance, the normative paradigm of law enforcement essentially includes the totality of international rules, which balance the collective interest in enforcing public security, law and order against the conflicting interest in protecting individual rights and liberties.
Law Enforcement and the Non-Conventional Human Right to Life
Authors: Melzer Nils
Published: January 2009

This chapter addresses the question of whether the conventional right to life has become part of general international law and, if so, whether it may be derogated from under the rules of general international law. It also examines the territorial scope of the non-conventional right to life. It argues that, today, the jus cogens character of the right to life has become virtually unassailable. Outside the conduct of hostilities, even a single targeted killing carried out by State agents in deviation from the normative paradigm of law enforcement constitutes an unjustifiable violation of international jus cogens.
The Paradigm of Hostilities
Authors: Melzer Nils
Published: January 2009

This chapter begins by introducing the concepts of ‘armed conflict’, ‘hostilities’, and ‘military necessity’, each of which is intrinsically linked to the paradigm of hostilities. It then identifies the normative frameworks from which that paradigm is derived. The various conditions and modalities governing the use of lethal force during the conduct of hostilities, and the influence of human rights law on these conditions and modalities are examined. The results obtained shall provide the basis for a concluding analysis of the international permissibility of targeted killing as a method of conducting hostilities.
The Principle of Distinction under International Humanitarian Law
Authors: Melzer Nils
Published: January 2009

This chapter examines the principle of distinction in contemporary International Humanitarian Law (IHL). As a general rule, the principle of distinction permits direct attacks only against the armed forces of the parties to the conflict, while the peaceful civilian population must be spared and protected against the effects of the hostilities. This chapter first distinguishes and defines the notions of civilian, member of the armed forces and combatant under the law governing both in international and non-international armed conflict, clarifies when civilians can be regarded as directly participating in hostilities entailing loss of protection against direct attack, and also examines various aspects of the duty to avoid "collateral damage", which is inherent in the principle of distinction.
Means and Methods in the Conduct of Hostilities
Authors: Melzer Nils
Published: January 2009

One of the most basic provisions of the law of hostilities is that there are legal restrictions as to the means and methods that States may use during the conduct of hostilities. This chapter focuses on a number of selected means and methods which are of particular practical relevance for the method of targeted killing, namely the prohibition of denial of quarter, the prohibition of perfidy, and the prohibition or restriction of certain weapons.
Experimental overview of patterns in granular matter
Authors: Aranson Igor S. , Tsimring Lev S.
Published: January 2009

This chapter presents a brief experimental overview of key granular patterns and phenomena. It introduces basic experimental systems, such as vertically and horizontally vibrated granular layers, rotating drums, flow down inclined plane, variety of experiments with “complex” grains (charged, magnetic, and “biological” particles), and presents the most relevant patterns which are discussed in detail in Chapters 3-9.
Granular physics of biological objects
Authors: Aranson Igor S. , Tsimring Lev S.
Published: January 2009

This chapter presents an overview of patterns emerging in the various biological systems. Complex patterns in biological systems can be caused by a variety of mechanisms, from “simple” physical effects (e.g., steric repulsion in dense bacteria colonies, hydrodynamic entrainment) to highly complex biological mechanisms (e.g., chemotaxis, quorum sensing, or even “social” interactions due to direct visual, audio, or chemical communication between individual species). Relatively simple situations — where the biological pattern formation is mostly determined by the same physical mechanisms which are at work in granular systems, such as hydrodynamic entrainment, steric repulsion, mechanical alignment and inelastic collisions — are explored. The chapter begins with a purely bio-mechanical ordering of rod-like cells in confined environments due to steric repulsion, then discusses “microscopic” discrete and continuum models of flocking. It then proceeds to more complicated systems, such as microtubules interacting with molecular motors and hydrodynamically entrained motile bacteria.
Internalist Cases and Externalist Theory
Authors: Mendola Joseph
Published: January 2009

Frege's Hesperus-Phosphorus case and Russell's empty names case are key cases which suggest internalism. This chapter examines standing externalist accounts of these two sorts of cases, and argues that all of them suffer from the belief-ascription, multiple-contents, and subject-matter objections. These are the same objections that afflict internalist rigidified description clusters.
Against Etiological Semantics
Authors: Mendola Joseph
Published: January 2009

This chapter discusses externalist theories of mental content that do not involve the mediation of thought by language but in which history is crucial. It argues that the etiological teleosemantics of Millikan, Dretske, and Papineau is false, and that other etiological accounts proposed by Prinz and Dretske are false. Facts about the color blindness play a key role in these arguments.
Non‐Etiological Mind‐Based Externalism
Authors: Mendola Joseph
Published: January 2009

This chapter discusses externalist theories of mental content that do not involve the mediation of thought by language and in which history is not crucial. It argues that the asymmetric dependence semantics of Fodor is false, and it critically considers other mind-based accounts of proper semantic causes, including the normality account of Harman, Stampe, Stalnaker, and Tye, partly by appeal to facts about color blindness.
Qualia and Sensory Content
Authors: Mendola Joseph
Published: January 2009

This chapter argues that the correct internalist account of perceptual experience involves four key claims, that sensory contents are qualia, that experiences of qualia are constituted in a necessary a posteriori manner by internal physical states, that these states have the modal structural architecture pioneered for color experience by Hardin, and that intentionalism is the correct account of the semantic contribution of these experiences. It considers contrary externalist arguments, including arguments rooted in the claim of Williamson and Harman that knowledge is a basic mental state, in Kant's Refutation of Idealism, and in disjunctivism.
The Reception Process in Ireland and the United Kingdom
Authors: Besson Samantha
Published: January 2009

This chapter examines the reception of the ECHR in the UK and Ireland both before and after incorporation. Both countries incorporated the ECHR using roughly the same model. One might have assumed that the mode of incorporation into a dualist legal order would largely determine outcomes. In Ireland and the UK, however, the impact of acts of incorporation was heavily mediated by pre-existing constitutional structure and practice.
The Reception Process in France and Germany
Authors: Abdelgawad Elisabeth Lambert , Weber Anne
Published: January 2009

This chapter discusses the reception of the ECHR in France and Germany. Although both States have been active supporters of human rights and have been close partners in the construction of Europe, their courts were reluctant to refer directly and explicitly to the ECHR. The reception of the ECHR can be characterized as ‘forced’ adaptation, rather than a voluntary process: often, authorities had no choice but to adjust the national legal order to the requirements of the ECHR. In both countries, the relationship between the national courts and the European Court of Human Rights has not always been harmonious, and some tensions remain.
The Reception Process in Sweden and Norway
Authors: Wiklund Ola
Published: January 2009

This chapter discusses the reception of the ECHR in Sweden and Norway. It shows that the true Europeanization of the legal systems of the two countries was initiated in the mid-90's. This legal transformation coincided with changes of an economic nature brought about by the process of globalization. From a legal point of view, globalization was brought about by the integration of two important regimes of law into the domestic system: the ECHR and the law of the European Union (EU).
The Reception Process in the Netherlands and Belgium
Authors: Wet Erika de
Published: January 2009

This chapter discusses the reception of the ECHR in the Netherlands and Belgium. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national law, an overview of the activity of the European Court, the ECtHR's case law and its effects on the national legal order, and the manner in which the highest courts (Supreme Court, Council of State and the Central Appeals Board) applied the ECHR in their jurisprudence.
The Wider Moral Issue: Do Consequences or ‘No Go Areas’ Determine What is Ethical in an Extreme Situation?
Authors: Ginbar Yuval
Published: January 2009

This chapter addresses the wider issue that a moral agent facing a ticking bomb situation (TBS) should consider: whether ultimately a decision to torture the terrorist or not should be determined by consequences or by absolute moral prohibitions. First, the consequences of not torturing in the scenario and the planned terrorist attack occurring are described, illustrated by the 9/11 terrorist attacks on New York and a terrorist attack in Jerusalem. Then the two prominent moral-philosophical views clashing over the morality of action, including in such extreme emergencies, are outlined: on the one hand consequentialism (or utilitarianism), advocated by the likes of Jeremy Bentham and John Stuart Mill, and determining the morality of actions by their consequences; on the other deontology, whose main advocate was Immanuel Kant, which emphasizes duties to oneself and others, and stipulates that certain types of acts must be prohibited absolutely (‘no-go areas’).
Part II—Introduction
Authors: Ginbar Yuval
Published: January 2009

This chapter introduces Part II, examining the ticking bomb question as one of public, practical, morality in the real world, namely whether it is morally justifiable for democratic states facing terrorism to torture in order to save many innocent lives. It outlines the parameters for discussing the question. Part II is to first address the question of whether transferring the ‘torture in a ticking bomb situation’ (TBS) moral dilemma from the private to the public sphere in itself entails a different moral solution. Secondly, the question is to be addressed of whether — accepting arguendo that torture in this situation is morally justified — states can torture in TBSs while limiting both torture and its direct and indirect harm to a morally acceptable level, or else must slide down an inevitable, and intolerable ‘slippery slope’. ‘Slippery surface’ dangers unique to the public sphere are also discussed.
Part II—Conclusions
Authors: Ginbar Yuval
Published: January 2009

This chapter concludes the discussion of the ticking bomb question as one of public, practical morality. Introducing torture into the interrogation rooms of modern democracies is fraught with dangers of torture expanding beyond the confines of a ticking bomb situation (TBS), in particular in view of fears of ‘mega-terrorism’ such as nuclear attacks, and its effects reaching far beyond the immediate context, reversing the means-end relationship between citizen and state which is at the foundations of democracy and leading to ‘no holds barred’ wars in which terrorists thrive. States introducing or maintaining a minimal absolutist prohibition on torture may thus not be able to guarantee us absolute safety from terrorists, but no torturing state has been able to do that either, and we will at least be absolutely safe, in this respect, from abuse by our own state.
The USA' ‘High Value Detainees’ Model
Authors: Ginbar Yuval
Published: January 2009

This chapter describes and analyzes the ‘high value detainees’ (HVD) model of quasi-legalized torture in the USA's war on terror following the 9/11 terrorist attacks. Initially its legal basis consisted of documents by the executive's legal advisers and executive orders, which combined classifying certain war on terror detainees as having no legal rights, either under US or international law — a very narrow definition of torture — and a view that the President's constitutionally granted powers as armed forces Commander-in-Chief during war are unlimited, including the power to order torture. Later executive orders, legislation, and court rulings modified the model, but as of 2007 US courts were still unwilling to exclude the possibility of torture or detainees during urgent interrogations being lawful. Methods, including enforced disappearances, waterboarding, sleep and sensory deprivation, painful positions, violence, intimidation, and humiliation were used far beyond even what instructions allowed.
Is it (Internationally) Legal? Is it Torture?
Authors: Ginbar Yuval
Published: January 2009

This chapter analyzes international legal materials to examine the legality of interrogation methods used in the Israeli and US models. International law does not envisage legitimately coercing detainees into providing information, and has therefore made no allowance for effective means of doing so, rendering all US and Israeli ‘coercive’ methods unlawful. International human rights and humanitarian law clearly allow no ‘ticking bomb’ or any other exception to the prohibition on torture, nor to the prohibition of ill-treatment not amounting to torture. Using the ‘accumulation yardstick’ international jurisprudence — both on comparable interrogation methods and on US and Israeli methods specifically — have determined that used in combination and/or over time, even relatively ‘moderate’ or ‘lite’ methods such as sleep and sensory deprivation may amount to torture, and in the instant cases have.
Rousseau's Theodicy of Self-Love
Authors: Neuhouser Frederick
Published: January 2009

This book studies Rousseau's rich and complex theory of the type of self-love (amour propre) that, for him, marks the central difference between humans and beasts. Amour-propre is the passion that drives human individuals to seek the esteem, approval, admiration, or love — the recognition — of their fellow beings. This book reconstructs Rousseau's understanding of what the drive for recognition is, why it is so problematic, and how its presence opens up far-reaching developmental possibilities for creatures that possess it. One of Rousseau's central theses is that amour-propre in its corrupted, manifestations — pride or vanity — is the principal source of an array of evils so widespread that they can easily appear to be necessary features of the human condition: enslavement, conflict, vice, misery, and self-estrangement. Yet Rousseau also argues that solving these problems depends not on suppressing or overcoming the drive for recognition but on cultivating it so that it contributes positively to the achievement of freedom, peace, virtue, happiness, and unalienated selfhood. Indeed, Rousseau goes so far as to claim that, despite its many dangers, the need for recognition is a condition of nearly everything that makes human life valuable and that elevates it above mere animal existence: rationality, morality, freedom — subjectivity itself — would be impossible for humans if it were not for amour-propre and the relations to others it impels us to establish.
The Nature ofAmour‐Propre
Authors: Neuhouser Frederick
Published: January 2009

This chapter presents a detailed account of how Rousseau conceives of amour-propre. Rousseau distinguishes the two forms of self-love in terms of the object, or good, that each inclines us to seek: amour de soi is directed at self-preservation, whereas amour-propre is concerned with judgments of merit and honour, with how highly one is ‘regarded’. The second principal feature of amour-propre is its ‘relative’ nature, in contrast to the ‘absolute’ character of amour de soi. ‘Relative’ here means relative to other subjects, and Rousseau's point is that the good sought by amour-propre is defined by, even partially constituted by, certain relations one has to subjects other than oneself. Amour-propre is said to be not only relative but also ‘artificial’ (factice), in contrasts to amour de soi, a ‘natural’ sentiment. The theoretical and normative status of amour-propre is discussed.
Amour‐Propre's Role in Forming Rational Subjects
Authors: Neuhouser Frederick
Published: January 2009

The preceding chapter distinguished three features of the frame of mind individuals must acquire in order to assume the standpoint of reason. This chapter determines what role amour-propre might play in making it possible for human beings to adopt such a standpoint. It shows that amour-propre plays a crucial role in bringing about each of these features of rational agency. More precisely: amour-propre is a necessary, though not sufficient, condition of the formation of human beings into rational subjects.
Conformity, Custom, and Congruence: Rethinking the Efficacy of Law
Authors: Postema Gerald J
Published: January 2009

This chapter argues that legal philosophers have paid insufficient attention to the efficacy of a legal system in regulating human conduct. It seeks to expound a richer and wider notion of law's efficacy and to highlight its centrality in the conventional foundations of any legal system.
Hart and the Principles of Legality
Authors: Waldron Jeremy
Published: January 2009

This chapter contends that Hart in some portions of his work relies upon an understanding of the fundamental principles of legality as moral principles, even though Hart elsewhere insists that the principles of legality are morally neutral. It redefends the position of Lon Fuller in the debates between Hart and Fuller that took place several decades ago.
Responsibility and Liability in Criminal Law
Authors: Duff R A
Published: January 2009

This chapter seeks to illuminate some central aspects of the substantive criminal law and of the criminal process by distinguishing responsibility from liability and by attending to the relational dimensions of responsibility. It also seeks to show that process and substance are very closely connected to each other.
Some Reflections on Hart and Honoré,Causation in the Law
Authors: Thomson Judith Jarvis
Published: January 2009

This chapter maintains that there is no satisfactory analysis of causation in non-causal terms in the huge philosophical literature on the topic. It concludes that, although no such analysis is available, legal decision-makers can rely on many serviceable generalizations that render such an analysis superfluous.
The Easter Computus and the Origins of the Christian Era
Authors: Mosshammer Alden A.
Published: January 2009

Dionysius Exiguus composed a 95‐year list of Easter dates beginning in what he designates as the year 532 from Christ. His list was a continuation of an Alexandrian table that ended in the year 247 from Diocletian. How Dionysius knew that 247 Diocletian should be followed by the year 532 of the Lord has puzzled scholars for almost 1500 years. His year AD 1 seems inconsistent with the evidence of the New Testament for the chronology of Christ. This book argues that Dionysius did not calculate a new date at all. He adopted the Christian era of Julius Africanus, which was based on a date for the crucifixion in AD 31 and the assumption that Jesus was 30 years old at that time. This date was transmitted to Dionysius Exiguus through the Easter calculations of Alexandria. About the same time, the Armenian church adopted a national era whose first year they synchronized with the year 553 from Christ. This Armenian Christian era agrees with that of Dionysius, but adjusted to the Armenian calendar. The Armenians received this numbering of the years from Christ independently from Dionysius, through the Alexandrian Easter tables.
1 Introduction
Authors: Mosshammer Alden A.
Published: January 2009

Working in the year 525, Dionysius Exiguus drafted a 95‐year list of Easter dates as a continuation of an Alexandrian list that ended with the 247th year of Diocletian. Dionysius began his own list with the year AD 532, because he did not want to perpetuate the memory of Diocletian. This study examines the history of Easter calculations in the ancient church and the question of why Dionysius decided that Diocletian 247 should be followed by AD 532. Dionysius himself was originally from what is now the modern country of Romania. He moved to Rome about AD 500. Dionysius was the author of the first collection of ecclesiastical canons, as well as the Easter‐table. He also translated frito Latin several works of the Greek fathers of the church.
4 The Letters to Boniface and Petronius
Authors: Mosshammer Alden A.
Published: January 2009

The Easter‐table of Dionysius Exiguus was the continuation of a 95‐year list he attributes to Cyril of Alexandria. He describes his work in two letters—one to Boniface and Bonus written in AD 525/6 in response to a question, the other written in 524/5 addressed to Petronius, at whose behest Dionysius undertook his work. The letter to Petronius serves as an introduction to the 95‐year Easter‐table. Dionysius explains and defends the mathematical accuracy of the Alexandrian 19‐year cycle as arising not from human inventiveness, but from the inspiration of the Holy Spirit. He claims that the Council of Nicaea explicitly authorized the 19‐ year cycle and promulgated rules for it use that the patriarchs of Alexandria from Athanasius to Cyril careffihly guarded.
10 The Classical Alexandrian Cycle
Authors: Mosshammer Alden A.
Published: January 2009

Theophilus of Alexandria published a 100‐year Paschal list beginning in the first consulship of Theodosius, AD 380. That year corresponds to the first of the classical Alexandrian cycle, but it is not necessarily the case that the 19‐year cycle of Theophilus began in that year. The earliest unambiguous evidence for a 19‐year cycle calibrated to the first year of Diocletian is the 110‐year list that Cyril dedicated to the emperor Theodosius II. He states explicitly that the first year of the list, AD 403, was the fifth year of the 19‐year cycle. Cyril perhaps adopted the form of the cycle that had been promulgated by Annianus, an Alexandrian monk who lived in the time of Theophilus.
12 Paschal Calculations in the Eastern Empire
Authors: Mosshammer Alden A.
Published: January 2009

Andreas of Byzantium drafted a 200‐year list that began with a Paschal full moon on 4 April in 353 and ended with 25 March in 552. Andreas adopted the form of the cycle that Athanasius had promulgated at Sardica. Armenian sources say that when the list of Andreas ended, a council was held at Alexandria under the leadership of Aeas. Aeas proposed a new cycle beginning with 25 March and generated a 532‐year period beginning in the second year of a cycle with 13 April. The emperor Justinian nullified that work and made the classical form of the Alexandrian cycle official. The cycle of Aeas nevertheless remained in effect in peripheral eras such as Armenia and Georgia. The Armenian scholar Anania of Shirak generated his own 532‐year period, beginning with the Paschal full moon of 4 April in AD 562
18 Anatolius and the Christian Era
Authors: Mosshammer Alden A.
Published: January 2009

Anatolius recalibrated the system of Africanus to make its first year begin on 1 Thoth = 29 August, 5501 BC. In his preface, Anatolius told the reader how to calibrate his list with the years of the Roman emperors and several other systems. It is likely that he also stated the interval from the birth of Christ, adopting the Christian era of Africanus. The Armenian church received a version of the cycle of Anatolius, which they said ended in the year 552 from Christ, at a date corresponding to AD 552. The extant Latin version of a 95‐year table was a continuation of one that began in the 50th year of Diocletian,AD 333/4, synchronized with the year 334 from Christ., The Christian era of Dionysius Exiguus is that of Africanus, transmitted to him as to the Armenians and the author of the Latin text through the Pasehal tables of Alexandria.
3 ‘The Art of Knowing’: Social and Tacit Dimensions of Knowledge and the Limits of the Community of Practice
Authors: Duguid Paul
Published: January 2009

This chapter challenges recent attempts to reduce knowledge to information and to dismiss tacit knowledge as nothing more than uncodified explicit knowledge. Polanyi's notion of a tacit dimension affected numerous disciplines, because it addressed aspects of learning and identity that individual, cognitive accounts failed to account for. In situating knowledge, identity, and learning within communities, the chapter points to the ethical and epistemic entailments of communities of practice and stress the difference, rather than the commonalities, between this and other apparently congenial forms of social analysis.
The Identification of Peremptory Norms
Authors: Orakhelashvili Alexander
Published: January 2009

This chapter examines the criteria of identifying jus cogens, in particular whether structural or substantive method should be preferred, and also the moral basis of jus cogens. Particular jus cogens norms are then examined in the field of jus ad bellum, right to self-determination, human rights, humanitarian law, and environmental law.
Concepts Cognate toJus Cogens
Authors: Orakhelashvili Alexander
Published: January 2009

This chapter examines some concepts which are cognate to jus cogens due to their nature, and also on some concepts that are often seen to resemble jus cogens but in the final analysis have bilateral or bilateralisable basis. The first category covers objective treaty obligations under human rights and humanitarian law, while the second category covers interdependent obligations, for instance under disarmament treaties and objective territorial regimes. Finally, the potential of the object and purpose of treaties under the 1969 Vienna Convention on the Law of Treaties is examined in terms of resembling the nature of jus cogens.
Remedies for Breaches of Peremptory Norms
Authors: Orakhelashvili Alexander
Published: January 2009

This chapter begins by focusing on the impact of jus cogens on the law of reparation: the duty to provide restitution, compensation, and satisfaction to redress the wrong caused to States and their nationals. It then covers the invocation of jus cogens norms in case of their breach (erga omnes obligations), including the possibility of third-party countermeasures, criminal responsibility of States, and ILC's special consequences for breaches of peremptory norms.
Peremptory Norms and State Immunity
Authors: Orakhelashvili Alexander
Published: January 2009

This chapter deals with the impact of jus cogens on State immunity. It begins by examining the scope of State immunity, then addresses sources of law to establish whether State immunity is really accepted in international law as a norm or principle. The immediate impact and primacy of jus cogens over immunities is considered. The chapter covers immunity of States and their officials, and immunity from execution. As a follow-up of this chapter, the articles by this author in 49 German YbIL (2006) and 18 EJIL (2007) should be consulted.
The Nature and Scope ofJus CogensLimitations on the Security Council's Powers
Authors: Orakhelashvili Alexander
Published: January 2009

This chapter introduces the problem of how international law applies to the acts and powers of international organisations, notably the UN Security Council. It begins by considering the general conceptual issues such as the alleged dichotomy between peace and justice. It then examines three ways of applicability of jus cogens to international organisations: through the ways stated in constituent instruments of organizations; through the construction of those constitutive instruments in terms of the law of treaties; and autonomously, that is directly to the act of an organisation.
Jus Cogensand the Standing to Bring Judicial Claims
Authors: Orakhelashvili Alexander
Published: January 2009

This chapter considers the impact of jus cogens on the judicial standing to bring claims before international tribunals. It examines judicial practice to demonstrate that actio popularis is a received category in international law.
Peremptory Norms and Acts of Foreign States in Private International Law
Authors: Orakhelashvili Alexander
Published: January 2009

This chapter examines how international jus cogens can be introduced into national legal systems through the devices of private international law, which is a question separate from what is dealt with in Chapter 18. It considers two options: the direct private international law effect of jus cogens; and international jus cogens/public policy being reflected in national public policies. Following up on this latter issue, the impact of jus cogens on the Act of State doctrine is examined. The jurisprudence of national courts is comprehensively covered.
Introduction
Authors: Orakhelashvili Alexander
Published: January 2009

This monograph examines the framework of interpretation in international law based on the premise of the effectiveness and determinacy of international legal regulation, which is a necessary prerequisite for international law to be viewed as law. Addressing the different aspects of the effectiveness of legal regulation, it examines the structural limits on and threshold of legal regulation, and the relationship between the established legal regulation and non-law. Once the limits of legal regulation are ascertained, the analysis proceeds to examine the legal framework of interpretation that serves the maintenance and preservation of the object and intendment of the existing legal regulation. The final indispensable stage of analysis is the interpretation of those treaty provisions that embody the indeterminate conditions of non-law.
The Essence of the Threshold of Legal Regulation
Authors: Orakhelashvili Alexander
Published: January 2009

This chapter examines the general aspects of the process of how international legal rules emerge. After examining relevant theories and judicial practice, it concludes that the most proper way of international legal reasoning is consensual positivism. This is so for two reasons: to reflect on what States actually agree; and to separate law from non-law (examined in Chapter 5 to 8). One of the purposes of delimiting the ambit of positivism is to examine where the task of interpretation of treaties and other instruments (from Chapter 9 onwards), begins and ends. Natural law is also examined not as mainline producer of legal rules, but as a back-up factor in ensuring the completeness of positive legal regulation.
Fact as Non-Law and the Limits on its Relevance
Authors: Orakhelashvili Alexander
Published: January 2009

This chapter is the first ever comprehensive examination of how fact and law relate to each other in international law. After the critique of doctrinal approaches, the analysis examines how facts aspire producing legal regulation and to what extent they can do so. The analysis covers the relationship between title and effectivites in the law of territory, and the impact of treaties on factual situation. It also examines how rules can make facts relevant, at the example of certain rights under the European Convention on Human Rights and nationality of claims. Separate attention is paid to the notion of ‘effective control’ that has been frequently used in jurisprudence both of ICJ and European Court of Human Rights. Finally, the systemic relevance of facts in the law of treaties and law of State responsibility is examined. The chapter covers the jurisprudence of all major international tribunals, notably ICJ, arbitral tribunals, ECtHR, and WTO dispute settlement bodies.
Quasi-Normative Non-Law
Authors: Orakhelashvili Alexander
Published: January 2009

This chapter is the first ever doctrinal consideration of quasi-normative non-law in systemic perspective. This study is limited to analysing the categories of quasi-normative non-law in terms of their ability to imitate the law, that is the degree of their normativity. The issues dealt with relate to margin of appreciation, necessity, proportionality, equity, ‘fair and equitable treatment’, and legitimate expectations. In examples of each of those categories, it is examined where they come from and how far their relevance goes.
The Agencies of Interpretation
Authors: Orakhelashvili Alexander
Published: January 2009

This chapter is the first comprehensive examination of interpretative competence. Given that international law is consensual, it is to some extent State consent that determines who may interpret treaties. There are concepts of auto-interpretation, authentic and authoritative interpretation, as well as concurrent powers of interpretation. These concepts are examined in detail. Interpretation of treaties, Security Council resolutions and unilateral acts is considered. The relevance of judicial review in terms of concurrent powers interpretation is also examined, and some national judicial practice is addressed.
Conclusion
Authors: Orakhelashvili Alexander
Published: January 2009

Given that the generalist element of international legal doctrine has been virtually silent on the problem and implications of the effectiveness and determinacy of international legal regulation, this study examined the material accumulated in doctrine and practice for the past several decades, including the relevant jurisprudence of all major international tribunals. Effectiveness in interpretation serves the more general principle of completeness, determinacy and effectiveness of legal regulation. The methods of interpretation are aimed at preserving the original consent, will, and intention behind the relevant legal instruments and thus at ensuring the determinacy of the relevant provision by enabling its application to facts. These methods are consistently aimed at confronting claims as to the indeterminacy of treaty provisions.
3 The Early Church
Authors: Cooper Adam G.
Published: January 2009

For the church Fathers the human body presents a focal symbol impinging upon nearly all theological reflection. Their doctrines of creation, Scripture, incarnation, salvation, church, sacraments, asceticism, morality, and eschatology all hinge upon the specific nature and function of the human body in the divine economy. Christ's flesh, present in and as the church, is the effective locus of human and cosmic deification.
10 Sterility and Death
Authors: Cooper Adam G.
Published: January 2009

It is ironic that the culture which embraced voluntary sterility via contraception is now facing a large-scale crisis of involuntary sterility. Moral objections to contraception consistently identify it as an anti-life kind of act, which, notwithstanding intentions to the contrary, inevitably undermines the marital and unitive character of sexual intercourse. The procreative meaning of marriage is a human good which, like the fertility of the flesh, cannot be wittingly cordoned off without moral and political impact. In this light the link between contraceptive acts and the abortive culture of death becomes more clear, even if philosophers and politicians, though not biologists, argue over the precise beginnings of organic, and therefore personal, human existence.
Introduction
Authors: De Baere Geert
Published: January 2009

This introductory chapter begins with a brief discussion of the two sui generis concepts that must be dealt with in legal reflections of EU foreign policy: the EU and the foreign policy. The EU cannot be fitted easily within either constitutional or international law, and foreign policy has frequently been claimed to escape any grasp of law. An overview of the four parts of the book is presented.
Vertical Conflict Resolution in EC External Relations: Exclusivity and Non-exclusivity
Authors: De Baere Geert
Published: January 2009

This chapter focuses on exclusivity as the expression of the loyalty principle in the field of external relations. It discusses conflict resolution in internal community matters and community external relations, and categories of competences in the Treaty of Lisbon. It is argued that while both primacy and exclusivity were derived from the principle of loyalty in Article 10 EC, the effect of the two principles is different. Primacy provides a conflict rule for internal policies whereby Community law takes precedence over Member State law in case of conflict and to the extent of that conflict. Exclusivity provides a conflict rule predominantly for external policies and imposes an obligation on the Member States not to enter into any international agreements that could affect the Community's exclusive competences.
The Community Method
Authors: De Baere Geert
Published: January 2009

The Community method of decision-making is characterized by (i) the central role of the Commission in formulating proposals; (ii) qualified majority voting (QMV) in the Council as a rule; (iii) involvement of the European Parliament with varying intensity depending on the decision-making procedure; and (iv) the role of the Court in ensuring judicial accountability. This chapter explores the differences between the operation of the Community method within EC external relations and its operation in internal policies. It shows that the contrasts are less pronounced with regard to autonomous foreign policy measures than with respect to international agreements. Both autonomous external measures and internal measures use the same legal instruments and the Commission's role is essentially the same. The Parliament's role in autonomous external measures, however, differs substantially depending on the policy in question. With regard to international agreements, both the Commission and the Parliament see their roles greatly reduced compared with their role in internal policies.
Enjoyment
Authors: Kekes John
Published: January 2009

The book examines the indispensable role enjoyment plays in a good life. The key to it is the development of a style of life that combines an attitude and a manner of living and acting that jointly express one's deepest concerns. Since such styles vary with characters and circumstances, understanding them requires attending to the particular and concrete details of individual lives. The first half of the book explains and illustrates these components of enjoyable lives. The second half is a detailed examination of enjoyable lives of integrity, reflectiveness, and self-direction, and miserable lives of morbid romanticism, moralism, and exuberance, and explains why these styles of life are admirable or deplorable. Reflection on works of literature is a better guide to this kind of explanation than the search for general theories and principles that preoccupies much of contemporary deontological, consequentialist, and contractarian moral thought. The argument proceeds by detailed reflection on particular cases, and shows how this kind of reflection can be reasonably conducted and how the quest for universality and impartiality is misguided in this context. Central to the argument is a practical, particular, pluralistic, and yet objective conception of reason that rejects the pervasive contemporary tendency to regard reasons as good only if they are binding on all who aspire to live reasonably and morally. Reasons for living and acting in particular ways are often individually variable and none the worse for that.
A Great and Rare Art
Authors: Kekes John
Published: January 2009

The enjoyment of one's life depends on the favorable personal evaluation of its style composed of one's attitude, manner, and dominant activities. Enjoyable lives that meet these conditions may still be more or less admirable or deplorable. Personal evaluation combines internal and external reasons, both of which are illustrated by the case of Sisyphus as discussed by Taylor and Feinberg. The rejection of external reasons by Williams, McDowell, Lovibond, and others is discussed and criticized. External reasons derive from human nature. The lives of the Bible's King David and Joyce's Stephen are discussed as cases in point.
A Most Perfect Gentleman
Authors: Kekes John
Published: January 2009

This chapter is about integrity as an admirable style of life. It is exemplified by Trollope's Madame Max Goesler. Her attitude is to be true to herself, even when it is tempting or hard to be otherwise. Her manner is tactful and her project is to enjoy life with the man she loves. Reflection of her literary portrait makes it possible to understand the formative significance of some of her choices and actions. It also stands as an example of an enjoyable life that others may wish to adapt to their own lives.
A Certain Gaiety of Heart
Authors: Kekes John
Published: January 2009

Cellini was a great Renaissance artist. His autobiography shows a man with an exuberant style of life, whose attitude is pride, his manner virtu, and its project is the satisfaction of Cellini's appetite for life. The life was full of machismo, competition, quarrel, irresponsibility, conflict, struggle, enjoyment, misery, and dedication to art. It is the complex life of an amoral man, lived to the hilt. Reflection on it reveals the attractions and pitfalls of living with verve and being guided by one's appetites.