bluuebunny/crossref_metadata_2025 huggingface dataset:
Second metaphysics
Authors: Maddy Penelope
Published: January 2009

This final chapter touches on the large question of what Second Philosophy tells us about what there is. Some post-Quinean philosophers have argued for versions of fictionalism, or even felt driven to a kind of ontological nihilism, according to which there are no viable grounds on which to settle questions of existence. On examination, the Second Philosopher suspects that one source of difficulty here is an implicit presupposition that adequate ontological judgments must rest on perfectly general criteria. By her lights, a piece-meal approach seems warranted, as for example different types of considerations figure in the case for atoms and the case for the electro-magnetic field. These straightforward ontological investigations all fall comfortably within range of the second-philosophical method.
Rights, Regulation, and the Technological Revolution
Authors: Brownsword Roger
Published: January 2009

Rights, Regulation, and the Technological Revolution confronts a central question facing modern government: how can regulators respond to both the challenges and opportunities presented by a technologically driven society without sacrificing legitimacy for effectiveness, or weakening the essential conditions of a stable, aspirant moral community? The book analyses developments across biotechnology, information and communications technology, nanotechnology, and neurotechnology. In part one, Regulatory Challenge, it explores the difficulties facing the public control of rapid technological change, focusing on the problems of regulatory effectiveness, connection, legitimacy, and compliance. In part two, Regulatory Opportunity, it covers genetic databases, code and control and the corrosion of moral community. The book argues that as regulators struggle to find adequate frameworks to limit, license, and support new technologies, they will increasingly rely on a technological approach to complement, enhance, and even replace traditional legal strategies. The book breaks new ground by offering the first overarching commentary on the relationship between regulators, industry, and wider society as the new technologies of the 21st century achieve an ever-greater penetration in our daily lives.
The Challenge of Regulatory Legitimacy I
Authors: Brownsword Roger
Published: January 2009

This chapter begins with a discussion of the Universal Declaration on Bioethics and Human Rights. It then identifies and maps three leading bioethical positions, each of which is compressed within the declaration. These positions, represented as the ‘bioethical triangle’, generate a background ethical plurality that sets the scene for regulators. The chapter comments on the increasingly important idea of human dignity, an idea which features strongly at two points of the bioethical triangle. Two illustrative applications of the bioethical triangle are discussed: the first concerns the regulation of (human embryonic) stem cell research and therapeutic cloning; the second involves the recognition of proprietary entitlements in relation to human tissue and (detached) body parts.
The Challenge of Regulatory Effectiveness
Authors: Brownsword Roger
Published: January 2009

This chapter examines two important attempts to develop our regulatory intelligence: the 20 basic principles for the guidance of regulators gathered together by Stuart Biegel at the conclusion of Beyond Our Control?, and the five starting points for regulators critically examined by Bert-Jaap Koops and his Tilburg co-authors in Starting Points for ICT Regulation. The chapter proceeds as follows. First, the concept of regulatory effectiveness and its relationship with regulatory economy and efficiency are discussed. Secondly, some salient features of our general regulatory intelligence, particularly underlining the risks of regulatory over-reach, of regulatory capture and of regulation having unintended (negative) consequences are considered. Thirdly, Biegel's 20 principles are reconstructed as a general guide to effective regulation. Finally, the chapter considers how the ICT starting points might contribute to our understanding of regulatory effectiveness.
The Challenge of Regulatory Cosmopolitanism
Authors: Brownsword Roger
Published: January 2009

This chapter completes the discussion of the regulatory challenges presented by modern technologies by considering some particular puzzles for regulatory cosmopolitanism. The first test case focuses on the interpretation of the moral exclusion (against patentability) that is characteristic of European patent regimes, both regionally and locally. The second test case also concerns local moral exclusion but, this time, against the principle of market access that is enshrined in regional and international free trade agreements. The third case involves a more direct assertion of power by the local community. In this case, a nation state endeavours to enforce its own local standards, particularly where the effectiveness of its own local regulation threatens to be undermined by the technology of the internet, a technology that knows no physical borders.
Genetic Databases and the First Signs of Regulatory Opportunity
Authors: Brownsword Roger
Published: January 2009

This chapter focuses on genetic databases, specifically their use as a regulatory instrument. It begins by considering forensic collections, entertaining the thought that in a community of rights, it might be plausible to argue for a comprehensive population-wide DNA database. The chapter then turns to collections for public health purposes. If the state is justified in compelling the supply of DNA samples for forensic purposes, there might seem to be a case for compelling participation in public health biobanking projects. It argues that agents who aspire to moral community need to be particularly mindful of the corrosive impact of a (bio)technological approach to social control whether concerned with the prevention of crime or the promotion of public health. If such an approach simply reduces the risks to which agents are exposed, all well and good; but if the effect is to corrode the conditions that underlie the very project of moral community itself, then this is a risk which no community of rights can afford to ignore and which it surely will not wish to run.
Seizing the Regulatory Opportunity: Code and Control
Authors: Brownsword Roger
Published: January 2009

This chapter draws a contrast between two ideal-typical forms of regulation: the East Coast and the West Coast. It sketches a particular type of West Coast approach, ‘techno-regulation’. The chapter begins by discussing the nature of techno-regulation. It considers the objection that techno-regulation, even if it makes for safer societies, fails to respect the values of good governance, especially the values of transparency and accountability. It then turns to the deep objection that techno-regulation — by undermining notions of respect and responsibility — is corrosive of the conditions of moral community.
3 Contact and Boundaries
Authors: Hudson Hud
Published: January 2009

This chapter begins with an attempt to analyze the relation of being in perfect contact. Five proposals are evaluated and the final proposal endorsed. Along the way, puzzles invoking zeno-series and mereology yield refutations of intuitive views about contact and surprising results about receptacles and topology. The topics of boundaries and borders furnish a number of metaphysical puzzles, and some of these are explored with emphasis on the proper analysis of ‘boundary’, boundary ownership, vague boundaries, and concealed boundaries. A delightful puzzle about contact and boundaries is presented without final solution, yet together with a number of suggested solutions each of which seems genuinely terrible. Finally, these reflections on contact and boundaries make their way into the History of Zenopia, a brief story in which the celebrated four-color conjecture is subjected to counterexample (or at least in which two of its most famous three formulations are subjected to counterexample).
4 Extended Simples and Diachoric Identity
Authors: Hudson Hud
Published: January 2009

A substantivalist dualist who believes in spacetime and material objects is committed to a relation of occupation or location. This chapter explores different candidate descriptions of this relation and investigates some of the philosophical difficulties which arise for the resulting conceptions. One reason to focus on the metaphysics of occupation relations is that some of them seem to make room for the possibility of extended mereological simples. The chapter critically evaluates several philosophical attempts to promote the cause of extended simples. Four problems are then advanced to yield the conclusion that extended mereological simples are conceptually possible yet metaphysically impossible: the problem of spatial intrinsics, the problem of shapes, the problem of parsimony, and the problem of diachoric identity.
6 Mirror Determinism and Mirror Incompatibilism
Authors: Hudson Hud
Published: January 2009

After a primer on logical, causal, and theological determinisms, as well as an introduction to naïve, Frankfurt, conditional-analysis, soft-fact, altered-law, and altered-past compatibilisms, a new puzzle emerges for consideration in this chapter: the puzzle of mirror determinism and mirror incompatibilism. This chapter takes a critical look at this new kind of determinism; contrasts it with another lesser-known kind, many-brothers determinism; and canvasses the options for a compatibilistic resolution to its associated threats to freedom and moral responsibility. In addition to discussing the metaphysics of images and surfaces, the chapter also contains a discussion of the unexpected uses of counterpart theory.
7 Hyperspace and Theism
Authors: Hudson Hud
Published: January 2009

One argument for the non-existence of God says that an essentially omnipotent, essentially omniscient, and essentially perfectly good being must create the best possible world. Since the amount, the types, the intensity, and the distribution of evil we see around us guarantee that ours is not the best, God does not exist. This chapter shows that the hypothesis of hyperspace provides support for the Leibnizian position that ours is the best after all. Many different arguments appear under the heading ‘the problem of evil’. The hypothesis of hyperspace is also shown to provide a rather new and unexpected route of escape from one of the more popular of these arguments, an escape that does not rely on standard theistic maneuvers.
Introduction
Authors: Castellino Joshua , Redondo Elvira Domínguez
Published: January 2009

This introductory chapter discusses the primary objectives of this book, which is to contribute to the understanding of minority rights in Asia. It aims to study the domestic legal systems of four states, with a view to extrapolating the legal regimes and institutions that exist for the protection of minority rights within their jurisdictions. The four states are India, China, Malaysia, and Singapore.
Asian States, International Human Rights Law, and Minority Rights
Authors: Castellino Joshua , Redondo Elvira Domínguez
Published: January 2009

This chapter focuses on the extent to which Asian states participate in the general UN human rights machinery. It begins by outlining the positions of Asian states with regards to human rights then discusses the notion of the so-called ‘Asian Values’ debate. This is followed by an examination of Asian states' participation in the human rights treaty and charter-based regime. The final section seeks to undertake a brief survey of the Asian states that have reported on minority rights issues, drawing on the state reports submitted to the UN Human Rights Committee (HRC) and Committee on the Elimination of Racial Discrimination (CERD).
Minority Rights in India
Authors: Castellino Joshua , Redondo Elvira Domínguez
Published: January 2009

This chapter begins by presenting a historical background on the rights of minorities and vulnerable groups in India. It seeks to outline the role played by the British, in terms of setting out the blueprint for later reforms as well as, in the eyes of some commentators, sowing the seeds of discontent among India's population. The second section identifies the minorities in India, drawing on the constitutional enunciation of these: namely, those based on religion and language, and supplementing these with an overview of the plight of the SC/ST. The third section focuses on the substantive content of Indian minority rights law. The analysis is based on constitutional provisions (including the challenges where appropriate) and specific statutes, notably in the context of Muslim personal law. The final section highlights the remedies that exist, along with their uncertain results in accommodating and seeking to build a modern young democracy with a strong national identity, while accommodating diversity.
The Uses of Darkness
Authors: Hadfield Phil
Published: January 2009

This chapter draws upon the personal experiences of the author and a diverse range of published works on the cultural and natural histories of night-time in Western societies. Night-time is revealed as a social setting of highly ambivalent status, symbolising the times and places of restful recuperation, as well as those of restless hedonism, escape, and ‘dark deeds’. It explores how security concerns, fortification, and policing of the night have accompanied the governance of cities throughout history. Since the onset of industrialized urbanization, the night-time has been progressively colonized by the forces of commerce, and given over to forms of consumption and commodification which often challenge the contradictory will to impose order on the night-time streetscape.
Contesting the Night
Authors: Hadfield Phil
Published: January 2009

This final chapter draws together and extends the book's main arguments concerning both the policing and control of urban spaces and the nature of the regulatory processes which govern the night-time city. It presents a critique of the existing licensing system and its inability to reflect upon, and respond to, evidence relating to the problem of order. The adversarial system, it is argued, represents an impediment to attempts to ascertain the ‘truth’ and instead becomes an attempt to weigh up (often incommensurate) partisan claims, with little accountability to, or democratic involvement by, affected communities. An inquisitorial mode of licensing hearing, it is argued, would lead to fairer and more representative decisions, whilst at the same time helping cure some of the contemporary ills of the night-time British city.
Shadowing the Night People: A Methodological Postscript
Authors: Hadfield Phil
Published: January 2009

This postscript provides a detailed account of the research design and methodology of the PhD project upon which the book is based. Issues addressed include those of the selection of research settings, access to restricted data and powerful groups, reflexivity, ethics, and emotional management. The chapter describes how aspects of the author's personal biography helped shape the topics under investigation, the content and form of the fieldwork conducted, and the research activities and roles he assumed. It recounts how various unanticipated events, hurdles, and opportunities arose leading to the creation of both ‘dead ends’ and exciting emergent themes. It therefore illustrates the advantages of adopting or building-in inductive and exploratory techniques as part of a qualitative or mixed-method approach to social research. Clear benefits were accrued from embracing such ‘flexibility’ in the form of opportunities to gain more nuanced and complex understandings of the topic, forge interdisciplinary connections, and garner more rich and valid data.
Introduction: The Significance of Paul A. Samuelson in the Twenty-First Century
Authors: Szenberg Michael , Ramrattan Lall , Gottesman Aron A. , Arrow Kenneth J.
Published: January 2009

This introductory chapter looks at the various ways in which Paul Samuelson was appraised by the contributors. The features that stand out bear close correspondence with scientific, mathematical techniques, and the genius of a craftsman. Paradigm, scientific research program, anthology, and epistemological viewpoints can be read into the program. Samuelson is renowned as one who puts heavy weight on reality in his mathematical models, exhibiting great regards for facts. He has been presented as a leader in the neoclassical framework, building models that share constant assumptions, dependent and independent variables with various laws that put the models into motion. The area of international trade is a solid example of the fruits of his research, where the theory of factor price equalization and the Stolper–Samuelson Theorem are now textbook paradigms. The Cambridge Controversy on the theory of capital came alive through Samuelson's surrogate production function. Samuelson is also responsible for introducing Keynes to the practitioners of economics through his neoclassical synthesis.
Overlapping Generations
Authors: Solow Robert M.
Published: January 2009

This chapter describes the original Samuelson model, which invites the distinction between theoretical and practical applications of the model. Overlapping generation models operate in infinite time. Assuming three periods, a person who wants to save for retirement in the next period can lend to a person in the first period. This is essential because the model deals with generations that are defined in terms of age, and people typically have different tastes and preferences over different age cohorts. Using the didactics of Samuelson's three-period model, the middle generation may want to lend excess current income (savings) to the younger generation, but not to the older one, for when the middle generation becomes old, it will want to consume its savings and earned interest. The interest rate is a bridge between current and postponed consumption. And consumption plus savings is constrained by the amount of wealth.
Paul Samuelson's Amazing Intergenerational Transfer
Authors: Kotlikoff Laurence J.
Published: January 2009

This chapter presents an overlapping generation model in which the government plays a role of redistribution over the different generations by taking from the young and redistributing to the old. Price changes allow generations to swap consumption from one generation to another in order to equalize the interest rate with the population growth or biological rate. Starvation is possible as an extreme outcome. Social contracts can be set up as enforcement between generations. The so-called Samuelson's Relativity Theory shows how an observer's reference point creates varying policy perceptions. The chapter's model calls for generational accounting to address the phenomenon of young and future generations being affected by net tax rates. While intergenerational transfer can help the old on the one hand, it can also hurt the young on the other.
Prospective Shifts, Speculative Swings: “Macro” for the Twenty-First Century in the Tradition Championed by Paul Samuelson
Authors: Phelps Edmund S.
Published: January 2009

This chapter presents Samuelson's economics from the expectation and uncertainty points of view. It applies Samuelson model for stagflation, for instance, to show how shifts in the underlying parameters that affect inflation and unemployment could cause swings in an economy. Economies are driven by ‘visions’ and ‘fear’, which require a disequilibrium paradigm, as it was advocated by Keynes in Chapter 12 of his General Theory. The latter underlines Samuelson's brand of expectation and uncertainty. Such a view of the economy cannot be captured in a rational expectation model, as ‘personal knowledge’ of the economic agents cannot be made public for analysis. Samuelson's model has the potential to capture big swings in the economy unlike the rational expectation point of view, which requires vibration around a saddle point.
Paul Samuelson and Global Public Goods
Authors: Nordhaus William D.
Published: January 2009

The distinction between public and private goods follows from concerns about the concepts of market efficiency. This chapter fits in with the appraisal of polar cases of fact from an epistemological appraisal point of view. It argues that a public good for which the cost of extending the service to an additional person is zero, is a polar case of an externality. Externality, non-rivalry, and non-excludability are budding research programs which will be of great concern for the 21st century because private markets generally do not guarantee efficient outcomes. The ‘stock externalities’ concern for public goods, particularly with regards to nuclear energy and greenhouse gases, has a firm hold in 21st century policy issues, as well as implications for the course for the future course of international laws.
Paul Samuelson on Karl Marx: Were the Sacrificed Games of Tennis Worth It?
Authors: Harcourt Geoff
Published: January 2009

This chapter challenges us to delve into Samuelson's ideas from an eraser's point of view. When we observe carefully, we find Samuelson saying: ‘Contemplate two alternative and discordant systems. Write down one. Now transform by taking an eraser and rubbing it out. Then fill in the other one. Voila! You have completed your transformation algorithm’. Here is a question and Samuelson's answer on this idea applied to Marx's transformation problem: ‘The ‘algorithmic’ transformation from the ‘value’ model to the ‘price’ model (or vice versa), is truly a process of rejection of the former and replacement by the latter’. Samuelson presents the slam dunk version of what he considered to be the truth of the transformation problem, which as it turned out is an attack on Marx.
Paul Samuelson and Piero Sraffa—Two Prodigious Minds at the Opposite Poles
Authors: Pasinetti Luigi L.
Published: January 2009

This chapter appraises the source of Samuelson's interest in Piero Sraffa's work. It finds that the two authors were attracted to each other because their works are of equally foundational character. Samuelson's Foundations of Economic Analysis (1947) is on the side of maximization under constraints, with the use of mathematics as a language, while Sraffa's Production of Commodities by Means of Commodities (1960) tries to weed out ambiguities in solving analytical problems, starting with a prelude and advancing to a more constructive stage. Although their approaches are different, they have reached the same analytical conclusion. However, with different nuances, accentuation of details, or shades of emphasis as this is illustrated by the debate on re-switching. Samuelson and Sraffa however differ in the aspect of methodology. Samuelson defends the exchange paradigm, while Sraffa defends the production paradigm.
Samuelson and the Keynes/Post Keynesian Revolution
Authors: Davidson Paul
Published: January 2009

This chapter appraises the many versions of Keynes — Old Neoclassical, New Keynesians, Old Classical or New Classical Theorists — as adopting Keynesian general theory as their basic framework. It considers a different stream of post-Keynesian economics. The Samuelson brand is also aligned with the works of James Tobin and Franco Modigliani, all of which address how changes in the money supply engineered by Federal Reserve policy have important effects upon the level of money, gross national product, real output and the price level. Samuelson enunciated three post-Keynesian propositions: 1) changes in thriftiness and the marginal propensity to consume can affect output, prices, and production; 2) an exogenous burst in investors' instinctive behavior has a systematic effect on GNP; and 3) an increase in public expenditure, or a cut in the tax rates, has a systematic effect on GNP.
Paul Samuelson and International Trade Theory Over Eight Decades
Authors: Dixit Avinash
Published: January 2009

This chapter provides an appraisal of Samuelson's work on trade theory. It explains the scientific importance of starting with the Ricardian 2x2 model and the current literature on comparative advantage. Samuelson rests this model on the shoulders of giants, whether we want to explain gains from trade by swapping bananas for steel, or from the modern theoretical points of view. Samuelson has picked up this model without any rigorous proof and has given it many ‘operational’ assumptions so that one can test — or falsify — its predictive or explanatory powers. Proof of this model led to the welfare gain concept that Samuelson advanced from the classics, and anchored squarely on the First and Second Welfare Theorems. With these theories, trade can now be modeled to assess who gains, for instance, in the formation of a free trade agreement. This kind of research has only just begun.
Paul Samuelson and Financial Economics
Authors: Merton Robert C.
Published: January 2009

This chapter's appraisal places models of time and uncertainty in household allocation of resources at the center of the Samuelson Contribution. It assesses Samuelson's contributions to the areas of efficient market theory and risk analysis, portfolio selection, and option and warrant pricing. Samuelson found that efficient markets do not allocate resources the way casinos do. Rather, asset prices vary randomly around an optimal path that can be discerned mathematically. The theory links spot price with future prices in order to forge a solution where spot prices are determined by optimal control theory. Samuelson's work in warrants and option pricing provides a bridge between early and later option pricing models, thanks to his insights on hedging and mathematical analysis that were incorporated into subsequent theories.
Introduction
Authors: Burrows Noreen , Greaves Rosa
Published: January 2009

This introductory chapter begins with a brief discussion of the primary purpose of the book, which is to study the Advocate General in the European Court of Justice of the European Communities. Specifically, it aims to demonstrate the role of the Advocate General in the Court's procedure and explain the potential significance of the submissions of the Advocate General in the Court's reasoning and decision making; it attempts to answer the question of whether the Advocate General does assist the Court as he is required to do by Article 222 of the Treaty (EC); and it assesses the contribution of the Advocate General in developing principles of European Community law. The chapter then discusses the origins of the Advocate General, appointment of judges and Advocates General, functions, and independence of the Advocate General. The methodology used in the study and an overview of subsequent chapters is presented.
The Advocate General and human rights standards
Authors: Burrows Noreen
Published: January 2009

This chapter examines the role of the Advocate General within the context of human rights. It discusses the case-law of the European Court of Human Rights. It then considers the single occasion on which the European Court of Human Rights had reason to examine the question of the Advocate General in the proceedings of the European Court of Justice — the case of Emesa Sugar. It argues that for the moment, the European Court of Justice appears to have set itself against a full consideration of the human rights aspects of its procedures insofar as they concern the function of the Advocate General.
The Advocates General and the development of the principle of direct effect
Authors: Burrows Noreen
Published: January 2009

This chapter examines the Opinions of a number of Advocates General in the cases relating to direct effect. Its purpose is to analyse the concept of direct effect from the standpoint of the Advocate General. It addresses questions such as: How did the Advocate General approach the case? What kind of thinking influenced him? Is it clear from the Opinions that the Advocates General understood the constitutional significance of the questions before the Court? Topics discussed include origins of the constitutional principle, direct effect of directives, and horizontal effect of directives.
The contribution of Advocates General to the development of the principle of State liability in the European Community's legal order
Authors: Greaves Rosa , Reid Emily
Published: January 2009

This chapter analyses the European Court of Justice case-law on State liability with particular reference to the Opinions of the Advocates General. The chapter begins by examining Advocate General Mischo's Opinion and the European Court of Justice's judgment in Francovich with reference to the pre-Francovich case-law. Second, Advocate General Léger's Opinion in the Lomas case and Advocate General Tesauro's Opinions in the Brasserie du Pêcheur/Factortame III, ex parte BT and Dillenkofer cases are analyzed in the context of the origin and nature of the State liability principle under Community law and the conditions of liability for legislative, administrative and judicial failures of the State. Third, a selection of the subsequent Opinions and European Court of Justice judgments are considered, focusing in particular upon those which have helped to refine the conditions of liability. The chapter concludes with an appraisal of the Advocates General's contribution to the creation and development of this principle of Community law.
Introduction
Authors: Pearsall Sarah M. S.
Published: January 2009

This introductory chapter begins with a discussion of the most famous letter from Abigail Adams to John Adams, in which she exhorted him to ‘remember the ladies’. The chapter places this letter in its larger Atlantic context, arguing for the ways in which domestic rhetoric and concerns influenced more broadly political ones. It considers the ways that families enduring transatlantic distance used letters to make sense of chaos and to maintain a burgeoning Atlantic world. It also introduces the major arguments of the book, including the uses of representations of ‘family feeling’ amid disorder, the need to replace the transition from patriarchy to paternalism with more subtle expositions of cultural change, the integration of public and private worlds, and the political and cultural importance of ‘family feeling’ at the time of the American Revolution.
Familiarity in Life and Letters
Authors: Pearsall Sarah M. S.
Published: January 2009

This chapter defines the concept of familiarity, a means by which even individuals not related by family could achieve family-like relationships. Such familiarity — distinguished from either politeness or intimacy — allowed individuals adrift to join other circles and so find the support they implied. The chapter enumerates the ways familiarity could be established among non-family members by such means as the education and care of a child, or courtship and marriage. Letters helped to carve out a space of familiarity, even when distance separated family members, and forced them to rely on non-family members. Many printed letters, in epistolary manuals (such as The Complete Letter Writer), epistolary novels (such as Samuel Richardson's Pamela), and letter collections (such as that by Lord Chesterfield) helped to popularize this tone of familiarity. Family letters were a critical means of forging familiarity, and they did so in their tones and style, as well as their substance.
Sensibility in Life and Letters
Authors: Pearsall Sarah M. S.
Published: January 2009

This chapter probes the domestic origins of sensibility, or, as here defined, the ability to display a feeling heart. In many respects, sensibility originated in families, while also, like familiarity, moving beyond the immediate household-family. To write with feeling in familiar letters was one way to demonstrate that feeling, and to ensure the continuation of the ‘connexions’ with which so many were concerned. All kinds of epistolary manuals, as well as novels and stories, conveyed this message. It also appeared in printed letter exchanges, as, for instance, between Ignatius Sancho and Laurence Sterne. The chapter thus identifies a shift as this language of feeling became a dominant domestic one, one that joined the language of petitions. This rhetoric also resonated in ever wider circles, including political circles aiming to end slavery or to foment the American Revolution (in, for instance, John Dickinson's Letters from a Farmer in Pennsylvania).
Targeted Killing in International Law
Authors: Melzer Nils
Published: January 2009

This book is a comprehensive analysis of the lawfulness of state-sponsored targeted killings under international human rights and humanitarian law. It examines treaties, custom, and general principles of law to determine two distinct normative paradigms which govern the intentional use of lethal force against selected individuals in law enforcement and the conduct of hostilities. It also addresses the relevance of the law of interstate force to targeted killings, and the interrelation of the various normative frameworks which may simultaneously apply to operations involving the use of lethal force. The book shows in what circumstances targeted killings may be considered as internationally lawful. The practical relevance of the various conditions and modalities are illustrated by reference to concrete examples of targeted killing from recent state practice. The book argues that any targeted killing not directed against a legitimate military target remains subject to the law enforcement paradigm, which imposes extensive restraints on the practice. Even under the paradigm of hostilities, no person can be lawfully liquidated without further considerations. As a form of individualized or surgical warfare, the method of targeted killing requires a ‘microscopic’ interpretation of the law regulating the conduct of hostilities which leads to nuanced results reflecting the fundamental principles underlying international humanitarian law. It concludes by highlighting and comparing the main areas of concern arising with regard to state-sponsored targeted killing, and by placing the results of the analysis in the greater context of the rule of law.
The Notion of ‘Targeted Killing’
Authors: Melzer Nils
Published: January 2009

This chapter begins with a brief discussion of the meaning of the notion of state-sponsored targeted killings — targeted killings which are legally attributable to States in accordance with the rules of general international law governing the responsibility of States for the conduct of their agents. It then discusses the various alternative terms used to describe state-sponsored targeted killings.
Current Trend towards Legitimization
Authors: Melzer Nils
Published: January 2009

This chapter focuses on the trend towards the legitimization of targeted killing as a method of law enforcement, counter-terrorism and ‘surgical’ warfare. Topics covered include the German and Swiss concepts of the ‘final rescue shot’, the United Kingdom' shoot-to-kill policy, Israeli state policy of targeted killing, and the United States' policy of targeted killing in the framework of the so-called ‘global war on terrorism’.
The Analysis
Authors: Melzer Nils
Published: January 2009

This chapter introduces the analytical scope and approach of the book. It clarifies the parameters determining the attributability of targeted killings to states under international law, including the concepts of de iure and de facto state agency. It then discusses the interrelation of the international legal frameworks applicable to such state-sponsored targeted killings, namely the law of interstate force, human rights law and humanitarian law. The chapter concludes by explaining the conceptual approach underlying the subsequent analysis, which is based on the two distinct international normative paradigms of law enforcement and of hostilities.
Law Enforcement and the Conventional Human Right to Life
Authors: Melzer Nils
Published: January 2009

This chapter examines conventional human rights law, where the right to life is expressed in terms of protection either from ‘arbitrary’ or from ‘intentional’ deprivation of life. Every case of targeted killing by State agents occurring outside the territorial jurisdiction of the operating State brings the targeted person within the ‘jurisdiction’ of that State within the meaning of the ICCPR, the ACHR, and the ECHR. In other words, a State exercising sufficient factual control or power to carry out a targeted killing will also exercise sufficient factual control to assume legal responsibility for its failure to ‘respect’ the right to life of the targeted person under conventional human rights law. The extent to which a State also has a positive obligation to actively ‘protect’ the right to life of individuals outside its territorial jurisdiction, on the other hand, must be determined by reference to the level of control actually exercised over the territory or person in question.
Law Enforcement and the Protection of Life under International Humanitarian Law
Authors: Melzer Nils
Published: January 2009

International Humanitarian Law (IHL) is the body of rules and principles specifically designed to regulate the conduct of States and individuals actively involved in situations of international or non-international armed conflict. This chapter examines whether and, if so, to what extent the lex specialis of IHL adjusts the normative content of the paradigm of law enforcement to the realities of armed conflict as far as the use of lethal force outside the conduct of hostilities is concerned. The analysis takes into account those provisions of international criminal law which are specifically designed to penalize the use of lethal force in situations of armed conflict.
Human Rights Law and the Paradigm of Hostilities
Authors: Melzer Nils
Published: January 2009

As a general rule, the role of human rights law in regulating the conduct of hostilities is very limited because it is superseded by IHL according to the principle of lex specialis generalibus derogat. Where the lex specialis of IHL provides a rule designed for a concrete situation it takes precedence over the continuously applicable lex generalis of human rights, regardless of whether that rule is more or less precise. This chapter discusses the regulation of hostilities through human rights law, and the case law of the European Court of Human Rights dealing with the conduct of hostilities. It argues that the direct application of human rights law to the conduct of hostilities does not import the rules and principles of law enforcement into the conduct of hostilities. Instead, the factual occurrence of hostilities requires an interpretation of human rights law in accordance with the paradigm of hostilities.
Permissibility of Targeted Killing as a Method of Conducting Hostilities
Authors: Melzer Nils
Published: January 2009

This chapter examines as to what extent the resort to targeted killings can be regarded as permissible under each of the conditions and modalities that govern the use of lethal force under the international normative paradigm of hostilities. Topics discussed include the applicability of the paradigm of hostilities, requirement of military necessity, requirement of distinction, requirement of proportionality, requirement of precaution, prohibition of denial of quarter, prohibition of perfidy, and prohibition or restriction of certain weapons. It is argued that the international normative paradigm of hostilities does not prohibit, but imposes extensive restraints on the method of targeted killing.
Comparative Conclusions
Authors: Melzer Nils
Published: January 2009

This chapter compares the results of the preceding analysis into the permissibility of State-sponsored targeted killing under the international normative paradigms of law enforcement and of hostilities by recapitulating the preconditions for the lawfulness of such operations under each paradigm, identifying the main concerns raised by recent State practice, and making a few concluding observations setting the respective findings into the larger perspective. It argues that the resort by States to targeted killings in the conduct of hostilities can neither be wholly condemned nor be welcomed without reservation. While the reduction of the conduct of hostilities to pinpoint operations against selected individuals may seem to limit the devastating effects of warfare to a greater extent than could ever have been anticipated in military history, this should not divert attention from the fact that armed conflicts remain inter-collective confrontations that are unlikely to be brought to an end, but may even be stirred-up and protracted, by individualized attacks alone.
Granular Patterns
Authors: Aranson Igor , Tsimring Lev
Published: January 2009

This book is a systematic introduction to the new and rapidly evolving field of patterns in granular materials. Granular matter is usually defined as a collection of discrete macroscopic solid particles (grains) with a typical size large enough that thermal fluctuations are negligible. Despite this seeming simplicity, properties of granular materials set them apart from conventional solids, liquids, and gases due to the dissipative and highly nonlinear nature of forces among grains. The last decade has seen an explosion of interest to nonequilibrium phenomena in granular matter among physicists, both on experimental and theoretical sides. Among these phenomena, one of the most intriguing is the ability of granular matter upon mechanical excitation to form highly ordered patterns of collective motion, such as ripples, avalanches, waves, or bands of segregated materials. This book combines a review of experiments with exposition of theoretical concepts and models introduced to understand the mechanisms of pattern formation in granular materials. The unique feature of this book is a strong effort to extend concepts and ideas developed in granular physics beyond the traditionally defined boundaries of the granular physics towards emergent fields, especially in biology, such as cytoskeleton dynamics, molecular motors transport, ordering of cells and other active (self-propelled) particles, dynamic self-assembly, etc.
Anti-Externalism
Authors: Mendola Joseph
Published: January 2009

Externalism about mental content is the view that things outside of the skin or in the past are constitutive parts of present mental states. Internalism is the denial of externalism. This book propounds a plausible physicalist internalism, called qualia empiricism. Qualia empiricism is the conjunction of a modal structuralist account of perceptual experience, an account of the content contributed to thought by referring terms that deploys rigidified description clusters, and an account of non-epistemic internal resources that can bridge those first two elements. It also argues that externalism is supported by no reasons that withstand close scrutiny. These include case-based arguments and arguments entwined with externalist accounts of perceptual states and language. The book critically considers externalist arguments rooted in work by Putnam, Kripke, Burge, Millikan, Dretske, Papineau, Prinz, Fodor, Harman, Stampe, Stalnaker, Tye, Kant, Williamson, disjunctivists, Wittgenstein, Wright, Davidson, and Brandom, among others.
Introduction
Authors: Mendola Joseph
Published: January 2009

This chapter provides a characterization of internalism and externalism about mental content, introduces standard motivations for both, and sketches the structure of the book. Standard motivations for internalism include arguments from introspection and explanation. Standard motivations for externalism include intuitions about cases and more theoretical arguments entwined with externalist accounts of word-mediated thoughts and perceptual thoughts. And both externalists and internalist appeal to science. The goal of this book is to develop another internalist argument, by disposing of all standing externalist arguments and propounding an attractive internalism.
The Real Moral
Authors: Mendola Joseph
Published: January 2009

This chapter considers three clusters of facts about reference and truth. They depend on the vagueness and indeterminacy of reference, deference to experts about the notion of reference, and the way in which extensions of terms rest on quirky and arbitrary social facts. It explores the dark side of the linguistic division of labour. It argues that internalism is correct on these grounds, and that truth and reference are flawed semantic notions.
Private Language and Privileged Access
Authors: Mendola Joseph
Published: January 2009

This chapter develops a symmetry between one simple form of Wittgenstein's private language argument against internalism and standard internalist complaints rooted in explanation and introspection, for instance arguments of McKinsey and Boghossian. It argues that all of these negative arguments should be answered by internalists and externalists through the same strategy. It also develops a positive account of our introspective access to our thoughts, partly by contrast with Wright's work.
Language, Truth, and Inference
Authors: Mendola Joseph
Published: January 2009

This chapter examines externalism rooted in theoretical claims about the content of language-mediated thought, especially by a focus on Davidson's truth-based theory and Brandom's use-based theory. It also considers other form of interpretationism, and many forms of Wittgenstein's private language argument. It develops an internalist response to these various externalist theories and arguments, which involves incorporation of internalist variants of their various externalist mechanisms.
The Reception Process in Austria and Switzerland
Authors: Thurnherr Daniela
Published: January 2009

This chapter discusses the reception of the ECHR in Austria and Switzerland. 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 of Human Rights, and the ECtHR's case law and its effects on the national legal order. Although both countries joined the ECHR at a relatively early stage, this starting position led to different outcomes. The main reason is because the common denominators of neutrality and federalism in these two countries are actually rather small: as Austria follows a very different concept of neutrality, it did not face any (political) difficulties before and during the ratification process. Switzerland, on the other hand, was very reluctant to join the Council of Europe and careful to avoid any concessions with regard to neutrality.
The Reception Process in Spain and Italy
Authors: Soriano Mercedes Candela
Published: January 2009

This chapter discusses the reception of the ECHR in Spain and Italy. 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 of Human Rights, and the ECtHR's case law and its effects on the national legal order. It is shown that the application of the ECHR depends not just on the formal constitutional provisions but, even more importantly, on how constitutional courts have enhanced the Convention's effectiveness through their rulings.
The Reception Process in Greece and Turkey
Authors: Kaboğlu İbrahim Özden , Koutnatzis Stylianos-Ioannis G.
Published: January 2009

This chapter discusses the reception of the ECHR in Greece and Turkey. Both countries ratified the ECHR almost simultaneously in the 50's, without critically and rigorously scrutinizing their domestic laws as to their conformity with the ECHR, and despite theoretically recognizing judicial review of legislation, the Greek and Turkish courts have traditionally deferred to the other two branches of Government. However, in the last three decades, differences in the effectiveness of the ECHR in Greece and in Turkey have become increasingly visible. Following the restoration of democracy in Greece in 1975, the fundamentals of democracy and rule of law soon became commonplace. In contrast, in Turkey, the traditional resistance to reforms in the State bureaucracy, including the Judiciary, the deficient willpower of the Government's political branches for the implementation of the reforms, the rise of nationalism, and the role of the military have perpetuated the difficulties for an effective reception of the ECHR.