bluuebunny/crossref_metadata_2025 huggingface dataset:
Social Cognition
Authors: Kim Annette Miae
Published: January 2009

Insights from cognitive science can help elucidate the processes of major economic and institutional change. Rather than relying on a single, rational agent model to explain new behaviors and institutions, the research findings in this chapter argue for the need for a socially constructed conception of cognition. Building upon recent literature from developmental psychology, cognitive institutionalism, and cognitive sociology, this chapter outlines a social cognition model of how social and power dynamics alter the cognitive processes of agents such as entrepreneurs in times of system-wide changes. Important factors include processes of attention, vicarious learning, and social structure. It also observes that while social, cognitive processes are key to major institutional change, this change is largely absent from international development discourse. This omission is conducive to propagating myths about universal, natural development strategies and helps to explains why economic changes happen so quickly in some places and not others.
6 Joseph Smith vs. John C. Calhoun: The States’ Rights Dilemma and Early Mormon History
Authors: Allen James B.
Published: January 2009

This chapter begins with a discussion of the 1832 secession crisis involving South Carolina, reminding us that the popular violence enacted against the Mormons occurred in the immediate context of national debates and crisis over the states' rights question. Constitutional interpretation unfolded against, and under the influence of, this backdrop. The same prevailing views favoring state autonomy over federalism that facilitated eventual civil war also facilitated Mormon oppression. The chapter thus offers a rare political and constitutional context for understanding the Mormons' difficulties, the development of Joseph Smith's political views, and his own involvement in the national campaign of 1844.
7 Joseph Smith and Creation of the Sacred
Authors: Bushman Richard Lyman
Published: January 2009

This chapter proposes a simple fundamental in its account for Joseph Smith's religious appeal: he met a human need for the sacred. So, of course, do all religions, but Smith was different, the chapter argues, in constructing the LDS faith around two potent loci: new sacred words and new sacred places. His additions to scripture blend audacity and self-effacing, summarily annihilating the principle of sola scriptura, even as the personality delivering its coup de grace for Mormons is subsumed in the voice of God. As for place, Smith literalized the concept of Zion and introduced into Christian worship the concept and physical reality of the temple. In the process, he became the first American religious figure to exploit the power of sacred space.
11 Tracking the Sincere Believer: “Authentic” Religion and the Enduring Legacy of Joseph Smith Jr.
Authors: Maffly-Kipp Laurie F.
Published: January 2009

This chapter furthers the project of an intellectually richer account of Mormonism by offering a critique of the centrality of sympathy in the polemics that have engulfed Mormon historical studies from their inception, and proposing an alternative. The critique is situated in a largely postmodern, anti-essentialist conception of identity as a malleable and fluid concept. At the same time, it notes in Smith's own turn to ritual a validation of appearances over essence, doing over being. A focus on the epic of Mormonism's narrative rather than its characters, on popular rather than elite Mormon history, and on the geographical varieties with their correspondingly different accounts of Mormonism—all are presented here as powerful antidotes to the snares of an approach that links, and therefore reduces Joseph Smith and the religion he founded to an irresolvable debate over human motives.
14 Joseph Smith and Nineteenth-Century Mormon Mappings of Asian Religions
Authors: Neilson Reid L.
Published: January 2009

This chapter turns to the subject of what Joseph Smith himself had to say about Mormonism's relationship to other religions, and ways of accommodating religious pluralism. It further traces the trajectories of Mormon thought on Eastern religious traditions, following the death of Smith, during the balance of the 19th century. Rather than fitting neatly into conventional religious studies paradigms, the chapter argues that the Latter-day Saints warrant their own categorization as restoration inclusivists.
Introduction
Authors: Outka Elizabeth
Published: January 2009

This chapter introduces the concept of the “commodified authentic” and the nostalgic, originary, and aesthetic forms of such marketing, examining the explosive growth of efforts to sell these various forms in Britain at the end of the nineteenth century. The chapter traces the interdisciplinary expressions of the commodified authentic and explores how such a strategy eased for consumers the abrupt transition from the Victorian age to the modern era. The chapter further analyzes the importance of the commodified authentic in the history of modernity and for the development of literary modernism. Tracing some of the central debates in modernist criticism—such Huyssen’s concept of “the great divide,” and the relations between modernism and material culture—the chapter argues that the commodified authentic offers a new way to explore two critical but missing parts of the equation: how commercial ventures in fact deployed and dismantled the vexed relationship between high and low culture, and how literary modernism developed not through a reliance on the great divide or its dismantling but on the uneasy movement between the two impulses, a movement intimately connected to the paradoxical impulse to construct authenticity. The chapter concludes with a detailed summary of the chapters that follow.
“Lustrous behind Glass”
Authors: Outka Elizabeth
Published: January 2009

This chapter moves from the department stores discussed in the previous chapter to the individual consumer gaze, examining the rapid growth and cultural importance of carefully constructed displays of “authentic” goods. The early writings of Virginia Woolf, including her novel Night and Day, structure the analysis of window shopping and self-fashioning before and after World War I. Both the fictional and the actual displays left behind the crowded, though often lavish, arrangements of the Victorian store window to present less cluttered exhibits with clean lines and single objects. The chapter explores how Selfridges, Woolf, and the new window displays satisfied in different ways some of the contradictory desires of the modern subject: the longing for the noncommercial, the pleasure in distinguishing between high and low culture, and a modern wish to acknowledge and even celebrate the constructed nature of this satisfaction. These very desires became a critical part of the modernist project, as such strategies promised to transcend distinctions between the “authentic” and the mass-produced, between an aesthetic modernism and a commercial modernity.
Influence of Conservative Economic Analysis on the Development of the Law of Antitrust
Authors: Kauper Thomas E.
Published: January 2009

This paper begins by noting a widespread unease, indeed a sense of “something gone wrong”—with today's antitrust enforcement. In particular, it notes a growing sense of too much emphasis on oversimplified and unrealistic economic models and too little emphasis on actual market effects. In an effort to understand Chicago School influence, the paper looks back to the 1950s and 1960s and describes the inviting target offered by excessive antitrust enforcement during those decades, citing many Supreme Court decisions ridiculed by almost all today. The Chicago School succeeded in part because of the nature of its opponent. Despite Chicago's undoubted, and generally constructive influence, it has not always achieved its sought-after outcomes. State-engineered exemptions from the federal antitrust laws (the “State Action Doctrine”) have grown in a way contrary to a primary reliance on the free market; there is no sign of Chicago influence in the federal legislative arena, and there is a growing concern about Chicago's oversimplified and unrealistic economic models that seem to ignore actual market facts.
The Sylvania Free Rider Justification for Downstream-Power Vertical Restraints: Truth or Invitation for Pretext?
Authors: Grimes Warren S.
Published: January 2009

This paper argues that free riding is a pretext. It offers a detailed analysis of fact and law in Business Electronics v. Sharp Electronics, a Supreme Court decision in which Justice Scalia ignored record facts and a jury finding to justify a cutoff of a discounting dealer. Although there was virtually no evidence of free riding by the discounter, Scalia rated the defense as “holy writ,” not as a concept to be measured against the evidence.
Principles of Water Management
Authors: Louka Elli
Published: January 2009

This chapter discusses integrated water resources management (IWRM), which has been proposed as a means to redefine water management. Topics covered include basics of IWRM, international aspects of IRWM, and making and applying decisions in water management.
Centralization/Decentralization Dilemmas
Authors: Louka Elli
Published: January 2009

This chapter discusses the centralization and decentralization challenges emerging from the water framework directive. For most member states of the EU, the mandate to manage water at the river basin involves an intricate balance between decentralization and centralization because some of the operational tasks delegated to local authorities would need to be coordinated better and some river basin planning would have to devolve to river basin institutions.
How to Predict Success in Water Management
Authors: Louka Elli
Published: January 2009

This chapter discusses the role of national water institutions in water management and veto players as inhibitors of effective water management. The water framework directive (WFD) imposes a top-down model for water management that have to be applied by all states in order to create some level of harmonization of administrative space in the EU called Europeanization. Political veto players consist of a number of constituencies that perceive the implementation of WFD as a threat to their interests. These political veto players are primarily water users who are concerned about forfeiting perceived entitlements to water use. Other veto players are institutional — already established institutions could view with suspicion new authorities entrusted with water management or existing authorities vested with new powers.
Models of Water Policy
Authors: Louka Elli
Published: January 2009

This chapter begins with a discussion of institutional leadership in the implementation of the water framework directive (WFD). Many central and eastern European member states have assigned the implementation of the WFD to their ministries of environment. To address cross-sector coordination, most countries have established interministerial committees comprised of ministries that have to work together to effectuate implementation. Four models for managing water resources are then considered: the concurrent jurisdiction model, river basin model, soft coordination model, and structured collaboration model.
The Participation of the Public: Towards Effective Rules in Water Management?
Authors: Louka Elli
Published: January 2009

This chapter examines public participation in water management. The water framework directive (WFD) has institutionalized stakeholder consultation and participation of the public in water management through the provision of information to the public; the consultation with stakeholders; and the active involvement of stakeholders/public in the decision-making process. The participation of stakeholders in water management has been touted for the advantages it brings to effective rulemaking. However, participatory processes may, instead of bringing the parties together, drive them apart by making their differences more pronounced or, even worse, lead to a search for the lowest common denominator.
Institutional Congestion in the Management of the Rhine River
Authors: Louka Elli
Published: January 2009

This chapter discusses the management of the Rhine River. Topics covered include the Central Commission for Navigation on the Rhine, International Commission for the Protection of the Rhine, and other international commissions and initiatives.
Tepid Institutional Development in Southeast Europe
Authors: Louka Elli
Published: January 2009

This chapter discusses the state of multilateral cooperation in southeast Europe. The level of multilateral cooperation is low and the framework of international cooperation is still led by bilateral agreements. For the countries of the southeast European region to begin implementing the water framework directive (WFD), they must strengthen their relationships through bilateral and trilateral commissions that exert authority in the successful management of common resources wielding the technical expert paradigm that is familiar in the management of shared water resources.
The Economics of Lawmaking
Authors: Parisi Francesco , Fon Vincy
Published: January 2009

This book explores the relative advantages and limits of alternative sources of law. It views the sources of law through a law and economics lens, and considers the important issue of institutional design in lawmaking. It considers the respective advantages and proper scope of application of four fundamental sources of law: legislation, judge-made law, customary law, and international law. The defining features of these four sources of law are examined using the formal methods of public choice theory: lawmaking through legislation; lawmaking through adjudication; lawmaking through practice; and lawmaking through agreement. The book begins by examining the sources of law dependent on collective political decision-making, such as legislation. Multiple issues are considered, such as optimal specificity of law, optimal timing of legal intervention and optimal territorial scope of law, and include a thorough discussion on the sources of law derived from judges' decisions, such as common law. It provides an extensive study on the roles of litigation and judicial path-dependence on judge-made law, biases in the evolution of legal remedies through litigation, and the effect of alternative doctrines of legal precedent, such as stare decisis and jurisprudence constante. It also considers the customary sources of law, with special attention on the mechanisms that determine their emergence and evolution, and explores sources of law derived from international treaties and conventions. The Economics of Lawmaking is the first systematic law and economics treatment of this field and will shed new light on the process of lawmaking.
Lawmaking through Legislation
Authors: Parisi Francesco , Fon Vincy
Published: January 2009

This chapter presents an overview of Chapters 2 to 4. Specifically it discusses the optimal specificity of legislation, optimal timing of legislation, and optimal territorial scope of legislation. It argues that these interrelated choices represent critical ingredients in any legislator's attempt to maximize the net present value of legislation.
Optimal Specificity of Laws
Authors: Parisi Francesco , Fon Vincy
Published: January 2009

This chapter offers a framework for identifying the optimal degree of specificity of legal rules in various legal and institutional contexts. Section 1 introduces the problem with brief references to the existing literature. Section 2 formulates a model of optimal specificity of laws to analyze how legal obsolescence, the volume of litigation, legal traditions and codification styles, judges' specialization, and the complexity of reality affect the choice of optimal legal instruments. Section 3 revisits the results of the theoretical section, considering implications of the model in more complex institutional scenarios. These include the absence of benevolent planning, the dangers of instrumental use of legal specificity by legislators, and the way political time preference may affect the degree of legal specificity. Section 4 provides some historical and comparative illustrations and identifies areas where our propositions could be validated by future empirical research.
Lawmaking through Adjudication
Authors: Parisi Francesco , Fon Vincy
Published: January 2009

This chapter presents an overview of Chapters 6 to 8. These chapters consider some of the peculiar characteristics of lawmaking through adjudication. They address issues effecting legal evolution ranging from doctrine of precedents to parties' decisions whether to bring a claim in the first place.
Trust and Betrayal
Authors: Abel Richard L.
Published: January 2009

All of social life depends on trust, which often is best understood through its betrayal. The literature on white collar crime delineates its distinctive characteristics; case studies of embezzlement in the United States and “fiddling” in England illuminate the ways in which trusted employees and agents betray their principals. This offers a framework for the study of lawyer deviance. Disciplinary proceedings against New York lawyers eventuating in findings of guilt and suspension or disbarment are public records. Aside from misappropriation of client funds (which displays predictable behavior) and the miscellany of felonies, the most common and important categories of lawyer deviance are client neglect, overcharging, and excessive zeal.
The Overachiever
Authors: Abel Richard L.
Published: January 2009

Most lawyers who neglect clients do out of incompetence or greed. This lawyer was driven by the need to satisfy his supervising partner's demands. The lawyer covered up neglect, first by paying out of his own pocket the damages he failed to obtain for a client, and then by falsifying documents to make it appear they had been properly and timely filed. These subterfuges drove him to suicidal thoughts and paralyzing depression.
Bleak Housein America
Authors: Abel Richard L.
Published: January 2009

The elderly are another unusually vulnerable client group. Ambiguous fee agreements can tempt lawyers to structure settlements in ways that maximize their own fees at the expense of their client's interests. Probate courts seek to protect clients against overreaching, but they can only do so if there is full disclosure.
The Popes
Authors: Welborn Amy
Published: January 2009

This chapter describes coverage of Pope John-Paul II’s funeral and appraisals of the incoming Benedict XVI. Direct coverage of the occasions themselves was usually very good, especially because experts were drawn in to comment. However, the assessments of the two men, especially in the print media, were frequently askew because journalists knew little about the history and the authority structure of the Catholic Church, and equally little about current trends within Catholicism. While there was considerable attention to the Pope’s role in undercutting communism, something that journalists felt more at home covering, much of the portrayal remained fixed within a template of “authoritarian Popes vs. American liberal Catholics.” The extensive criticism that John-Paul II received from conservative Catholics was neglected, as was the fact that in recent years the most important disciplinary actions were directed at conservatives.
Conclusion
Authors: Berman Joshua A.
Published: January 2009

The conclusion locates the ideas developed in these pages on the map of notions of equality in the history of western thought. The purpose here is to adumbrate what may be considered lines for future comparative study, and is done with three distinct periods in mind: notions of equality in Greek philosophy; early Christian notions of equality; and modern notions of equality that have been spawned by the great political theorists of the Enlightenment. For each system, two primary questions are probed: What is the basis for claiming that such equality exists? What is the commodity that gets equalized between putatively equal persons? The conclusions may well be able to contribute to our thinking about the relation of rights to duties, the rights of individuals to the rights of groups, common goods and goals, and group relations in political theory, and the very origins of rights themselves.
The sonata and other genres
Authors: Jones Richard D. P.
Published: January 2009

This chapter focuses on Bach's early preoccupation with certain large-scale multi-sectional genres inherited from the 17th century: the suite, sonata, capriccio, and toccata. These genres made considerable demands on the young composer and gave ample scope for his inventiveness in a range of contrasting moods and textures. In all these genres the native German style with which Bach grew up naturally forms the foundation of his writing, but the suite and sonata were also the vehicles for his first major encounter with contemporary French and Italian styles.
Law and the Constitutional State
Authors: MacCormick Neil
Published: January 2009

This chapter begins with a discussion of states, then proceeds to a consideration of constitutions as legal frameworks for states, then reflects on the institutions of public law set up by or under constitutions. It presents some preliminary remarks on ‘Civil Society and the State’ followed by a brief interim conclusion on ‘Law as Institutional Normative Order’.
Legal Powers and Validity
Authors: MacCormick Neil
Published: January 2009

This chapter presents an account of power and immunity. It discusses law as enabling and the concept of defeasibility. It then considers immunity, defined as the most accepted term for the correlative position of the person whose position is not susceptible to the envisaged change.
On Law and Justice
Authors: MacCormick Neil
Published: January 2009

This chapter argues that law is necessarily geared to some conception of justice, taking account of distributive, retributive, and corrective aspects of justice, to all of which respect for the rule of law is, in the context of the state's capability for coercion, essential. It is ‘necessarily geared’ to it in the sense that anyone engaged in its administration, whether in a legislative, executive, or judicial capacity, can only be justified in implementing, amending, or interpreting provisions of the system given a certain condition. This is that they can give grounds for holding that some reasonable conception of justice is satisfied by the provision in question, or that it pursues some element of a reasonably assessed common good in a way that is reasonably coherent with the relevant conception of justice.
The Economics and Politics of Corporate Governance in the European Union
Authors: Mueller Dennis C.
Published: January 2009

Over the last 25 years, the term ‘corporate governance’ has entered the lexicon of economists and other students of business. This development has been accompanied by growing interest in differences in institutional structures — like corporate governance systems — across countries. Among the many questions regarding the effects of corporate governance systems that have been examined, one of the most important has been to measure the effects of corporate governance systems on corporate performance somehow measured, or more broadly the economic performance of countries. This chapter reviews some of this evidence and takes up the questions of which system is ‘best’, and whether this superiority is likely to lead to a convergence of corporate governance structures over time. With a few exceptions, most studies of the effects of corporate governance institutions treat them as exogenous. The chapter also discusses the historical and political determinants of corporate governance institutions.
Internalisation under the MiFID: Regulatory Overreaching or Landmark in Investor Protection?
Authors: Köndgen Johannes , Theissen Erik
Published: January 2009

This chapter sums up the economic fundamentals of internalised stock trading and attempts to make a case for regulation. It then sketches the current practice of internalisation in Germany, with special emphasis on the ‘Xetra Best’ facility, a trading venue which tries to integrate internalised trading with an organized market. Subsequently, the chapter turns to a critique of the relevant parts of the EC Markets in Financial Instruments Directive (MiFID), measuring the latter against the fundamental principles of market efficiency and investor protection. Finally, it discusses whether Xetra Best, after some refurbishment, could serve as a blueprint for other European stock exchanges.
Shareholder Litigation and Corporate Governance
Authors: Reisberg Arad
Published: January 2009

This chapter is concerned with an indefinite but fundamental: what purpose lies at the heart of the company's cause of action which justifies the use of derivative actions? Section 1.2 firstly identifies the limitations of the traditional view of the derivative action. Subsequently it explicates the relation between the derivative action and two concepts, namely ‘control’ and ‘agency costs’. Section 1.3 outlines some major techniques of accountability, which share the goal of reducing agency costs. Section 1.4 focuses on one such major alternative as it examines whether it is true that the market for corporate control may constitute an effective functional substitute for litigation. As will be seen, from a governance perspective (as opposed to a narrowly legal one), the interaction of the derivative action with the market for corporate control raises some interesting issues.
The Difficulties with Conferring Rights on Shareholders to Litigate
Authors: Reisberg Arad
Published: January 2009

This chapter inquires into the particular difficulties minority shareholders face where they seek redress against wrongdoing directors. Section 3.2 discusses these problems and Section 3.3 outlines the common law responses to these problems. Through extensive discussion of case law and emerging so-called principles and rules this section illustrates how procedurally and substantively English law has developed to provide disincentives to prospective shareholder claimants in this context. Subsequently, two policy responses are analysed. First, Section 3.4.1 examines and assesses the competence of three alternative bodies which may assess the merits of a derivative action: a committee of independent directors, an ‘independent organ’ of the company, and the courts. It concludes that courts should discharge the task of deciding this critical question. Section 3.4.2 explains that once a gatekeeper is put in place, the focus should be on establishing an expeditious means for screening and dismissing non-meritorious cases. It evaluates how well (or rather, badly) current legal screens work.
Funding Derivative Actions: Costs and Fees as Incentives to Commence Litigation
Authors: Reisberg Arad
Published: January 2009

This chapter is concerned with costs and fees in derivative actions in the context of incentives for such litigation. It explores the critical role of costs and fees in initiating and maintaining derivative actions. Section 6.2 briefly explicates the economics of derivative action litigation. As part of this, the US rules on derivative action fees are examined. After rehearsing the common law recognition of the problems of the impecunious shareholder in the form of indemnity costs orders, Section 6.3 exposes major flaws in the operation of these orders. In response, possible solutions to rectify the funding problem are examined and assessed in the next chapter. Section 6.4 concludes.
The Inevitably Incomplete Convergence of Competition Laws
Authors: Noonan Chris
Published: January 2009

This chapter examines the nature of major similarities and differences between national competition laws. Section 3.1 provides an overview of competition law in developed countries. Section 3.2 examines the role of competition law in developing countries. Section 3.3 argues that there are fundamental differences between competition laws and that it is not realistic to expect a complete convergence of competition laws in the foreseeable future. Section 3.4 argues that the agreement on a fundamental underlying principle is missing from current proposals to reform the international competition law system.
Application of Jurisdictional-regulating Norms
Authors: Shany Yuval
Published: January 2009

This chapter discusses the application of forum-selection and multiple proceeding regulating norms to interactions between national and international courts. It begins with a review of forum selection agreements and other treaty clauses governing choice of forum (such as exclusive jurisdiction provisions). It concludes that in the absence of such specific norms forum shopping is generally permissible. The next part of the Chapter examines the application of the electa una via (fork in the road), lis alibi pendens, and res judicata rules to the parallel or consecutive invocation of multiple proceedings as reflected in the practice of NAFTA, ICSID, ITLOS, and other national and international courts. The chapter concludes that the conceptual difficulties identified in earlier chapters complicate any attempt to identify clear and consistent practice on the matter.
6 ‘Credo Unam Sanctam Ecclesiam’—The Relationship Between the Catholic and the Protestant Principles in Fundamental Ecclesiology1
Authors: Kasper Walter
Published: January 2009

With the notion of Receptive Ecumenism in mind, but adopting an approach more akin to fundamental theology, this chapter considers the relationship between Catholicism and Protestantism — understood as two principles — and offers a few reflections on Anglicanism within this context. It argues that the principle of comprehensiveness was doubtless helpful and good, but should not be overdone.
16 Potential Catholic Learning Around Lay Participation in Decision‐making
Authors: Lakeland Paul
Published: January 2009

This chapter considers the issue of the participation of Roman Catholic laity in church governance from a theological, ecumenical, and political perspective. On the historical path, it looks at where the question of lay governance had generally arrived with the Second Vatican Council's seminal work on the laity. On the theological path, it examines recent developments in thinking on ordained and baptismal priesthood within Catholicism, partially inspired by ecumenical learning. On the political path, it turns to developments in the Roman Catholic Church in the United States in the last five years.
18 From Vatican II to Mississauga—Lessons in Receptive Ecumenical Learning from the Anglican—Roman Catholic Bilateral Dialogue Process
Authors: Tanner Mary
Published: January 2009

This chapter examines the story of Anglican–Roman Catholic relations since the days following the Second Vatican Council to see what has proved effective and what counterproductive in receptive ecumenical learning. Among the lessons learned is that if there is to be a real reception of one another in faith and life then the personal and relational is prior. There has to be a real getting to know one another at all levels of the life of the two communions, a real appreciation of the gifts the other has to offer, and an inclination to receive as well as to give. Receptive Ecumenism requires the involvement not just of leaders and theologians but of whole communities that desire to get to know one another, are open to learn from each other, and accept that renewal and change is required for the sake of fidelity to the Gospel and for more credible mission and service. Receptive Ecumenism also requires effective leadership. Those charged with a ministry of unity must be committed to the visible unity of the church and prepared, as part of their ministry, to take responsibility, personally and collegially, and increasingly in shared collegiality, for nurturing the communion that already exists and directing the processes of Receptive Ecumenism.
22 The Fortress Church Under Reconstruction? Sociological Factors Inhibiting Receptive Catholic Learning in the Church in England and Wales
Authors: McGrail Peter
Published: January 2009

This chapter seeks to identify the sociological factors that impede receptive ecumenical learning by examining the complex relationship between two sets of processes. The first traces broader changes in British society; the second refers to the Roman Catholic community itself, and outlines the social structures and expectations that have historically emerged within it. It argues that interaction today between these sociological processes has forced the Roman Catholic community into a situation of profound structural crisis.
27 Receptive Ecumenism and the Future of Ecumenical Dialogues—Privileging Differentiated Consensus and Drawing its Institutional Consequences1
Authors: Legrand, OP Hervé
Published: January 2009

This chapter comments on the possible future directions of ecumenism. There are serious problems confronting the Anglican communion, the Orthodox Church, and the Roman Catholic Church. These problems mean that the dream of structural union, born in the wake of the Second Vatican Council, will not be realized in the foreseeable future. Although the path towards reunion will be longer than some had foreseen, the duration of the process is not, in itself, an issue. What is, arguably, first at issue is the model according to which our bilateral dialogues have hitherto been conducted. Equally at issue is the reception of these agreements in the day-to-day life of the churches: the somewhat detached intellectual adhesion generally afforded them does not lead to concrete reforms without which desired unity remains out of reach. The specific responsibility of theologians in this regard is discussed.
31 Learning the Ways of Receptive Ecumenism—Formational and Catechetical Considerations
Authors: Gros, FSC Jeffrey
Published: January 2009

This chapter explores the specifically pedagogical and formational dimension to receptive Catholic Learning. Following a review of the principles proposed for Roman Catholic ecumenical formation in official teaching, it examines some of the various target audiences for this formation. It then reflects on how some specific challenges might best be negotiated.
Personal Agency
Authors: Lowe E. J.
Published: January 2009

This book has two Parts. Part I prepares the ground for this theory of rational free action by seeking to undermine the threat that physicalism presents to it. This it does this by challenging the cogency of the causal closure argument for physicalism in all of its forms. It shows that a dualistic philosophy of mind — one which holds that human mental states and their subjects cannot simply be identified with bodily states and human bodies respectively — is both metaphysically coherent and entirely consistent with known empirical facts concerning mental causation and causation in the physical domain. Part II defends a middle path between classical agent causalism and volitionism. It accords to volitions the status of basic actions, maintains that these are free and spontaneous exercises of the two-way power of the will, performed in the light of reason, and contends that agents are the causal source of all change in the world — with rational, free agents like ourselves having a special place in the causal order as unmoved movers, or initiators of new causal chains. Rather than accepting the notion of event causation as perfectly legitimate in the inanimate domain and representing agent causation as a sui generis phenomenon restricted to rational beings, in which an agent as such is a cause, it holds that all causation is causation by agents, but that agents can only cause things to happen by acting in suitable ways. And it says that what is special about rational agents is that they possess a distinctively rational power — the power of will or choice. It also defends a thoroughgoing externalism regarding reasons for action, holding these to be mind-independent worldly entities rather than the beliefs and desires of agents.
Economic, Social, and Cultural Rights in the Inter-American System
Authors: Gómez Verónica
Published: January 2009

This chapter examines the development of the protection of economic, social, and cultural rights (ESC rights) in the Inter-American System. It reviews the substantive recognition granted to ESC rights by Organization of American States (OAS) member states followed by an account of the tools available for monitoring and assessing compliance with ESC rights. Strategies so far employed towards the judicial and quasi-judicial protection of ESC rights are addressed in the final section of the chapter.
The EU Charter of Fundamental Rights, Not Binding but Influential: the Example of Good Administration
Authors: Dutheil de la Rochère Jacqueline
Published: January 2009

This chapter examines the EU Charter of Fundamental Rights. Topics discussed include the influential effect of the charter and the right to good administration expressed in Article 41 of the Charter. It is argued that even if the Charter does not formally become part of EU constitutional law, as long as the Constitutional Treaty is not ratified it plays an influential and significant role in the building of a European corpus of law protecting fundamental rights. The Charter is referred to in the preambles of texts of secondary legislation and used as a document of reference by the various EC/EU institutions. The Charter, although not binding, influences the case law of European courts.
The Definition of Measures Having Equivalent Effect
Authors: Gormley Laurence W
Published: January 2009

This chapter examines the definition of measures having equivalent effect. It shows how dynamic Community law is; on the one hand there are clear signs of continuity and consistency, on the other hand those of change, reassessment and new developments. The free movement of goods remains, as with developments in the other freedoms and in Union citizenship, a dynamic and far-reaching area of Community law. The free movement of goods — and in particular the definition of measures having equivalent effect — is a fitting subject for study in the light of the theme: Continuity and Change.
The Concept of Abuse in the Freedom of Establishment of Companies: a Case of Double Standards?
Authors: Edwards Vanessa , Farmer Paul
Published: January 2009

Abuse of rights is a doctrine known to many legal systems. Its status varies. In Community law, it appears to serve as a principle of construction. Provisions of Community primary or secondary law are to be interpreted as permitting or requiring the denial of a right where, although the formal conditions laid down are met, the exercise of the right would be abusive. The Community rights in question may derive from the Treaty or from a regulation or directive. They may be denied by national authorities under domestic trading, professional or other regulations, domestic abuse of law provisions or Community regulations. This chapter considers aspects of the doctrine in the context of companies' right of establishment under Articles 43 and 48 EC.
The European Court, the Brussels Convention/Regulation and the Establishment of an Efficient System for International Litigation in Europe
Authors: Hartley Trevor C
Published: January 2009

The main objective of the Brussels Convention/Regulation is to attain the maximum level of recognition of judgments within the Community. In particular, the aim is to eliminate the need for any jurisdictional test to be applied by the court asked to recognize and enforce a judgment from another Member State. This chapter considers the way in which the European Court has interpreted the Brussels Convention, and to question whether some of its judgments pay sufficient attention to the necessity of establishing an efficient system for international litigation in the Community.
Peace Agreement Legal Form
Authors: Bell Christine
Published: January 2009

This chapter examines choices over what legal form to frame a peace agreement in and the ways in which framers attempt to circumvent the limitations of positive law categories. In particular, the discussion demonstrates how the mismatch between the positive law requirements of form and peace agreement obligations has promoted innovation in legal form. It is argued that even when peace agreements are fashioned in clear legal form, their distinctiveness from other documents in the relevant legal category gives them more similarities to each other than to the agreements whose legal category they share. While peace agreements are sometimes framed as treaties or international agreements, sometimes as constitutions, and sometimes as domestic legislation they have common features deriving from their mix of state and nonstate parties which give them distinctive features from other documents in the category, and point towards peace agreements being a distinct category of document.
The New Law of Third Party Enforcement
Authors: Bell Christine
Published: January 2009

The third area of the peace agreement practice that international law can claim to regulate is their role for third parties. Third party roles in implementing peace agreements straddle different functions: enforcing the deal, mediating its development, and administering the transitional regime. This chapter argues that third party peace agreement implementation faces a lack of fit with traditional notions of when and how international law authorises third party involvement in intrastate conflict, and when and how it provides for third party accountability vis-à-vis local populations. As with previous chapters and the other branches of the ‘new law’, this lack of fit has driven innovation that is reshaping the governing international law. This is a story of norm-production as lack fit forces a renarration of how the law must be reinterpreted so as to apply post agreement.
The Subject's Point of View
Authors: Farkas Katalin
Published: January 2009

This book defends a conception of the mind that is inspired by some of Descartes's writings. The crucial feature of the Cartesian view defended is not dualism — which is not adopted here — but internalism about the mind. Internalism is opposed to the widely accepted thesis of externalism, which states that some mental features constitutively depend on features of our physical and social environment. In contrast, this book defends the minority internalist view that the mind is autonomous with respect to its environment: although it is obviously influenced by things in the environment, this influence is merely contingent and does not delimit what is thinkable in principle. The first part of the book argues that privileged accessibility is the mark of the mental, and that this thesis is strongly tied to criteria of personhood. The second part argues that internalism is best formulated as the thesis that mental features are determined by the phenomenal properties of our conscious mental life, and that the externalist denial of this thesis is incompatible with privileged self-knowledge. Hence, externalism is in conflict with the conception of the mind and personhood defended in the first part of the book. Supporters of the externalist view often present their theory as the most thoroughgoing criticism of the Cartesian conception of the mind; this book answers these criticisms and argues for an uncompromising internalist Cartesian theory of the mind.
Reputation and Defamation
Authors: McNamara Lawrence
Published: January 2009

The first study of what reputation is, how it functions, and how it is and should be protected under the law, Reputation and Defamation addresses the inconsistencies and failures of the common law that have been observed for over a century. It develops a theory of reputation and uses it to analyse, evaluate and propose a revision of the law. Using the concept of reputation as the vehicle for a study of the history and theory of libel, slander and honour it becomes apparent that, contrary to the legal orthodoxy, defamation law did not aim and function to protect reputation until the early 19th century. Consequently, the historically derived tests for what is defamatory do not always protect reputation adequately or appropriately. The ‘shun and avoid’ and ‘ridicule’ tests should be discarded. The principal ‘lowering the estimation’ test is more appropriate but needs re-working. Christian tradition and Victorian moralism are embedded in the idea of ‘the right-thinking person’ that provides the test's conceptual foundations, but these are problematic in an era of moral diversity. Instead, ‘the right-thinking person’ should be associated with an inclusive liberal premise of equal moral worth and a shared commitment to moral diversity; any departure from this must be justified on sound, expressly stated ethical grounds. That demand serves to protect reputation appropriately and effectively in an age of moral diversity.
Conclusion: Re-thinking the Tests for What is Defamatory
Authors: McNamara Lawrence
Published: January 2009

The question this study set out to answer was: if reputation is the interest to be protected by defamation law then what should be the test(s) for what is defamatory? The stated aim was to fill a gap in the common law by providing a principled, theoretically coherent statement of law regarding what is defamatory. This chapter proposes a new legal framework that aims to meet that goal. Only the principal test for what is defamatory should be retained because it is the only one that meaningfully protects reputation. However, the common law should dispose of the traditional, exclusive presumptions that form the content of ‘the right-thinking person’ and instead use inclusive presumptions that are premised upon an acceptance of equal moral worth. Any displacement of these presumptions should be controversial. A departure from the commitment to equal moral worth should be made only with great care and caution.
Evolution of the Government Procurement Agreement Model and Procurement Linkages
Authors: McCrudden Christopher
Published: January 2009

This chapter examines the original negotiations in the OECD that paved the way for the development of the GPA. These negotiations took place against a background of domestic use of procurement linkages. The chapter looks at the negotiation of state-specific exceptions as part of the accession negotiations. It considers the United States' negotiations at the time of joining the 1979 WTO GPA, and then the Canadian approach to accession to the 1994 GPA, then considers the approach that the GPA itself took to such linkages.
Expansion of Equality Linkages in the Member States
Authors: McCrudden Christopher
Published: January 2009

This chapter examines how, at the level of the Community and in Member States, advantage has been taken of this greater policy space to develop procurement linkages specifically addressing equal status issues. Also, during the 1990s and early 2000s, there was a significant growth of EC social legislation, and equal status legislation in particular. The chapter traces these developments, focusing on the growth of interest in procurement linkages in Italy, Spain, Austria, Belgium, Sweden, Denmark, the Netherlands, and the United Kingdom. With the expansion of equal status policy, both Member States and Community institutions saw status equality as a matter of Community interest, leading to an understanding that methods of enforcement of status equality law adopted by Member States, such as procurement linkages, supported Community law. The stronger the Community interest in status equality, the stronger the claim that procurement linkages designed to further status equality should be seen as acceptable to the Community institutions.