bluuebunny/crossref_metadata_2025 huggingface dataset:
Privilege or Punish
Authors: Markel Dan , Collins Jennifer M. , Leib Ethan J.
Published: May 2009

This book answers two basic but under-appreciated questions: first, how does the American criminal justice system address a defendant's family status? And, second, how should a defendant's family status be recognized, if at all, in a criminal justice system situated within a liberal democracy committed to egalitarian principles of non-discrimination? After surveying the variety of “family ties benefits” and “family ties burdens” in our criminal justice system, the book explains why policymakers and courts should view with caution and indeed skepticism any attempt to distribute these benefits or burdens based on one's family status. This is a controversial stance, but this book argues that in many circumstances there are simply too many costs to the criminal justice system when it gives special treatment based on one's family ties or responsibilities. It offers an important synthetic view of the intersection between crime, punishment, and the family. Although in recent years scholars have been successful in analyzing the indirect effects of certain criminal justice policies and practices on the family, few have recognized the panoply of laws (whether statutory or common law-based) expressly drawn to privilege or disadvantage persons based on family status alone. It is critically necessary to pause and think through how and why our laws intentionally target one's family status and how the underlying goals of such a choice might better be served in some cases.
A Normative Framework for Family Ties Benefits
Authors: Markel Dan , Collins Jennifer M. , Leib Ethan J.
Published: May 2009

This chapter shifts from the descriptive to the normative, as it considers the factors that should help determine whether a particular accommodation of family interests by the criminal justice system is an appropriate policy choice. It argues that a presumption against family ties benefits is warranted when considering a potential policy in the criminal justice system that confers upon family members specific perquisites because most family ties benefits implicate concerns about patriarchy, accuracy, equality, and the creation of crime, because not every family ties benefit triggers all of these concerns. The bare proposal of a benefit should not be categorically rejected under this framework—it just means the benefit should undergo scrutiny.
De Sacramentis, book one
Authors: Rorem Paul
Published: May 2009

This chapter introduces and summarizes book 1 of Hugh’s major work of doctrinal theology, De sacramentis (On the Sacraments). It covers scripture, Trinity, angels, creation, fall, salvation as restoration, sacraments in a broad sense, faith, and law.
Ark Treatises
Authors: Rorem Paul
Published: May 2009

This chapter introduces and summarizes Hugh’s spiritual writings on the biblical ark of Noah: Noah’s Ark, Booklet on the Making of the Ark (Libellus de formatione arche) including the question of a diagram, and On the Vanity of the World. It thus covers creation and restoration, the church and history, the restless heart, the tree of life, and the eternal home.
Introduction
Authors: Rea Michael C.
Published: May 2009

This introductory chapter discusses some of the most important objections against analytic theology. It begins by explaining the meaning of the terms ‘analytic philosophy’ and ‘analytic theology’. It then presents what is essentially an analytic theologian's perspective on the most salient objections against the enterprise of analytic theology. An overview of the subsequent chapters is presented.
3 Theology as a Bull Session
Authors: Rauser Randal
Published: May 2009

This chapter applies recent philosophical analysis on the nature of bullshit to contemporary theology. It begins by outlining two factors that contribute to academic bullshit: careerism and theological scepticism. Next, it outlines the major types of bullshit that arise from scepticism, including intention-based and product-based bullshit. Finally, it applies this analysis to recent theology: here it is argued that Sallie McFague's view of theology as persuasive metaphor is an example of intention-based bullshit while Jürgen Moltmann's view of theology as perpetual conversation is a type of product-based bullshit. Both views signal the devolution of theology from knowledge discourse into a perpetual bull session.
5 ‘As Kant has Shown…’
Authors: Chignell Andrew
Published: May 2009

This chapter explains Kant's attitude towards analytic theology, in particular his reasons for thinking that the results of such a practice will have the status of Belief. The goal is more than merely to provide a specific sort of analytic theology with the imprimatur of an eminent historical philosopher. The motive for focusing on Kant stems rather from the fact that his influence among people working in theology and religious studies is by all accounts immense, and that while many embrace that influence, others — especially those inclined towards analytic theology — find that influence deeply regrettable. It is argued that Kant engages in substantive theology himself and would not stand in clear opposition either to the project of providing analyses of religious concepts (including our concept of God), or to the application of the tools and methods of analytic metaphysics to theological topics.
7 How Philosophical Theology Became Possible within the Analytic Tradition of Philosophy
Authors: Wolterstorff Nicholas
Published: May 2009

This chapter examines how developments in the analytic tradition during the 20th century not only made room for analytic philosophical theology, but contributed to its flourishing. The flowering of philosophical theology was made possible by the surrender, by analytic philosophers, of certain assumptions characteristic of philosophy in the modern period, and by the emergence of a new understanding of the task of philosophy and its role in culture. It is argued that behind attempts to belittle the significance of the flourishing of analytic philosophical theology is almost always a refusal to surrender those traditional assumptions, and resistance to accepting this new self-understanding of the task and role of the philosopher.
Non-proliferation Law and the United Nations System: The International Court of Justice
Authors: Joyner Daniel H.
Published: May 2009

This chapter focuses on the International Court of Justice, the principal judicial organ of the United Nations in the area of non-proliferation law. It analyzes Security Council Resolution 1540 and other potential ultra vires acts by the Council, and the role of the ICJ in providing a judicial check upon the Chapter VII powers of the Council in the area of non-proliferation law specifically. The Court's prior jurisprudence in the non-proliferation law area is also considered.
Jus ad Bellum in the Age of WMD Proliferation
Authors: Joyner Daniel H.
Published: May 2009

This chapter addresses the normative question of what should be the character of the rules and institutions of international law covering international uses of force, in the age of proliferation of weapons of mass destruction technologies. It suggests that international use of force law is currently in a state of crisis, precipitated by the proliferation of WMD technologies and the revised set of national security calculations, which determine when and why states choose to use force internationally, that have been thrust upon states as a result. It reviews a number of options which have been proposed for changing the substance of international laws and institutions which currently regulate this area, in order to make them responsive to this change in international security realities, and more effective and useful to states. However, it is argued that none of these proposals truly grasps the nettle of the problems facing states in the postproliferated age, and the challenge of designing and maintaining effective and supportable rules and institutions in this area.
The Attraction of Tory Democracy: Keith Feiling
Authors: Soffer Reba N.
Published: May 2009

Emerging as the first of a new generation of conservative polemicists in 1913, Feiling continued writing as a paternalistic Tory democrat for the rest of his life. His successive repetitions of conservative ideas were cited and repeated by conservative intellectuals and politicians in both Britain and America through the 1960s. He reached an influential public through his training of Conservative politicians at Oxford, his columns for The Observer, his lectures throughout the country and on the BBC, and his historical and political writing, which provided 20th‐century British conservative thought with a moral, romantic, and philosophical basis.
The Phenomenon of Arthur Bryant: Patriotism, Conservatism, and the Greater Public
Authors: Soffer Reba N.
Published: May 2009

During the inter‐war decades, Bryant became a major asset to the Conservative Party and to conservatism. Through his historical writing and conservative polemics, Bryant readily surpassed every other contemporary historian in finding and keeping the widest audience. A popular historian and journalist, Bryant vigorously and aggressively defined, explained, and justified conservatism by appealing to those seeking self‐improvement; or the possibility of effective political and social commitment; or, most of all, a patriotic reaffirmation of national values that testified to his convictions about the soundness, security, unity, inclusiveness, and exceptionalism of England and the English people.
Epilogue: The Future of the Conservative Past
Authors: Soffer Reba N.
Published: May 2009

The Epilogue compares the kinds of conservatism that dominated Britain and America and the ideas that were held in common and separately, especially in the decades following the Second World War, which saw Britain's relative decline and the emergence of America as the unchallenged world power politically, economically, and culturally. The conservative historian's influence upon thought and policy is assessed as part of a discussion of why, with the advent of both Thatcher and Reagan in the 1970s, the conservative ideas and prescriptions previously advocated by British and American conservative historians and accepted by a powerful and popular audience were essentially denied.
Constraints
Authors: Choquet-Bruhat Yvonne
Published: May 2009

This chapter begins with a discussion of the concepts of linearization and stability. It then covers conformally formulated (CF) constraints, solutions on compact manifolds, solution of the momentum constraint, Lichnerowicz equation, system of constraints, solutions on asymptotically Euclidean manifolds, momentum constraint, solution of the Lichnerowicz equation, solutions of the system of constraints, and gluing solutions of the constraint equations.
Global Existence Theorems: The Cosmological Case
Authors: Choquet-Bruhat Yvonne
Published: May 2009

This chapter begins with a discussion of Gowdy cosmological models. It then covers S1 invariant Einsteinian universes, equations; invariant Einstein universes, the Cauchy problem; the Andersson-Moncrief theorem, and Einstein non-linear scalar field system.
Has My Model of Global Justice Made Adequate Space for Legitimate Forms of Nationalism?
Authors: Brock Gillian
Published: May 2009

The chapter shows how the model of global justice developed in this book makes clearer to us the scope an adequate form of nationalism can defensibly have and illustrates how this would work, drawing on examples introduced in Chapters 5–9. Nations have internal and external responsibilities. So long as individuals within the nation are adequately respected and positioned to enjoy decent lives, and provided that nations play their part in the collective project of ensuring a globally just world, there is discretionary space for nations to pursue national aspirations. Cosmopolitans must balance concern for individuals within and outside states, and we can do this via various mechanisms discussed in the book, such as reconceptualizing sovereignty as responsibility and introducing institutional arrangements that can help us to discharge both sets of responsibilities appropriately, without necessarily having to compromise either in objectionable ways. Several illustrations are provided.
Scepticism about Feasibility and Conclusions
Authors: Brock Gillian
Published: May 2009

This chapter begins by summarizing central findings from the book. The main task of the chapter, however, is to address feasibility skeptics, that is, those who believe that trying to implement the model of global justice argued for in this work is not feasible. Feasibility concerns may take a number of forms. Eight kinds of skepticism about the feasibility of global justice are distinguished, covering such areas as, feasibility about the goals of global justice, how we might make progress toward them, how we might track progress, and how we might create the motivation to pursue global justice. Responses to all eight kinds of feasibility skepticism are supplied, drawing on material introduced throughout the book as well as introducing relevant new arguments.
Insolvency Law
Authors: Oda Hiroshi
Published: May 2009

This chapter discusses Japanese insolvency law. Topics covered include basic laws, bankruptcy procedure, civil rehabilitation procedure, corporate reorganization procedure, and international insolvency law.
Securities Law (the Financial Instruments and Exchange Law)
Authors: Oda Hiroshi
Published: May 2009

This chapter discusses Japanese securities law. Topics covered include the development of securities law in Japan; enactment of the Financial Instruments and Exchange Law (FIEL); goal, scope, and concepts of the FIEL; concepts of securities and financial instruments; collective investment schemes; financial instruments business and firms; tender offer; and market supervision.
Neo‐liberalism and its Impact on Health
Authors: Mooney Gavin
Published: May 2009

This chapter sets public health and health care in more of a political economy context. It argues that neo-liberalism —the form of free market economic philosophy and ideology that has increasingly pervaded the globe in the last thirty years —is bad for the health of the people of those nations that embrace it. It also argues that global institutions, such as the World Bank and the International Monetary Fund (IMF), further the hegemony of neo-liberalism, and that, with few exceptions, these issues too have been mostly ignored by health economists.
Communitarian Claims
Authors: Mooney Gavin
Published: May 2009

This chapter builds on the previous two chapters. The expressive theory of Anderson (1993) and the ideas discussed in Chapter 6 on reflective and group preferences, together with the communitarianism of Chapter 7, are used to provide a base for communitarian claims.
Some Further Implications for Health Economics and the Economics of Health Policy
Authors: Mooney Gavin
Published: May 2009

This chapter considers a few more issues both in health economics per se and in the economics of health policy, where the adoption of the paradigm of this book might make a difference. It examines how the new paradigm might affect health economics in the specific context of economic evaluation. It looks at the economics of health care policy, and addresses the question of whether the paradigm can work in practice.
Chapter 13 Irrelevant Alternatives
Authors: Roberts Kevin
Published: May 2009

This chapter examines the notion of ‘irrelevant alternatives’ in the context of social choice problems. It is shown that seemingly irrelevant alternatives could be relevant because of their information content. This leads to a consideration of aggregation rules where an endogenous condition of independence of irrelevant alternatives is imposed. The analysis leads to the characterization of a unique procedure to aggregate preferences — Borda's rule. This new characterization provides insight into independence conditions and into the status of Borda's rule. An extension to a domain incorporating interpersonal comparisons is also pursued.
Chapter 25 Sen's Identities
Authors: Anthony Appiah Kwame
Published: May 2009

This chapter analyses the concept of identity developed by Amartya Sen in recent work, especially in the book Identity and Violence. It discusses the relationship between identity and solidarity, arguing that, the former is necessary but by no means sufficient for the latter, so that, contra what Sen sometimes suggests, identities are not simply forms of solidarity. It then argues that Sen's account is both morally and methodologically individualist which seems right and that it is also correct in seeing identities as, in a certain sense, normative. But it then shows that his account is also rationalist, in treating identity as grounding reasons for thinking and acting, and that this leaves out the important role of non-rational factors in the social and political mobilization of identity. This means that some of Sen's policy proposals, while helpful, will not deal with some serious cases where identity leads to political violence.
Chapter 27 Equity and Sharing the Cost of a Public Project
Authors: Deb Rajat , Ghosh Indranil K. , Kun Seo Tae
Published: May 2009

This chapter explores the cost sharing implications of a number of alternative theories of justice. It looks at a two-person economy in which the individuals have quasi-linear utility functions and in which information about preferences is private information. In this framework, if the cost for a single unit of a public good is to be shared, then any strategy-proof cost sharing mechanism will not involve the use of the individuals' preferences. If the planner can observe the individuals initial holding of private goods, then cost sharing will depend on the individuals' ability-to-pay as measured by their initial endowment. In general, alternative theories of justice imply that the richer of the two individuals should pay more. Egalitarian theories further imply that the rich individual's share should increase with the difference in the individuals' initial wealth. Since in contrast to the classical derivation of the ability-to-pay principle, declining marginal utility of income plays no role, our results may be viewed as providing a distinct additional justification for both the ability-to-pay approach and for progressive taxation using norms based on theories of equity and justice. The chapter's two-person model gives rise to diagrams and simple closed form solutions for the exposition of the results in the chapter.
Chapter 29 Simple Formulae for Optimal Income Taxation and the Measurement of Inequality
Authors: Stiglitz Joseph E.
Published: May 2009

This chapter focuses on the measurement of inequality, in particular measuring when one income distribution is more unequal than another for any inequality averse social welfare function. While the Atkinson-Dalton measure illustrates the total cost of inequality (or the percentage of national income which society would be willing to give up in order to eliminate inequality), this chapter develops a marginal measure of inequality (how much society is willing to sacrifice to reduce inequality a given amount). This new measure of the value of marginal reductions in equality also focuses on the consequences of wage inequality with an elastic labor supply. Finally, the chapter relates the optimal tax structure to the new measure of inequality and provides a simple formula for determining the optimal tax rate.
Pruning the Law's Demands on a Concept of Causation
Authors: Moore Michael S.
Published: May 2009

This chapter seeks to prune the presuppositions laid bare in Chapter 5 to a more manageable list, a list also intended to be at least plausible in its metaphysics. It discards any supposed aphrodisiac effect culpability is thought to have on causation. It regards omissions, preventions, double-preventions, and allowings as non-causal in their nature. It likewise classifies liability for negligent provision of opportunities for others to do wrong, as non-causal, and also temporarily classifies the giving of reasons to other actors to be a non-causal basis for liability.
The Lack of any Metaphysical Basis for the Doctrines of Intervening Causation
Authors: Moore Michael S.
Published: May 2009

This chapter looks at the metaphysical possibilities for making sense of there being (literally) breakers of causal chains. The thesis of the chapter is that nothing in nature answers to the concept of an intervening cause. In particular, human beings do not exercise the kind of free will that could make them fresh causal starts, nor does any god with a taste for the dramatic break causal chains by initiating coincidences. (A related subsidiary thesis is that no artificial construction of legal policy can do the justifying work needed doing to make sense of intervening causation, either.) The upshot is that the direct cause test is not viable, except as a rule of thumb about substantiality of causation.
The Facts, Events, States of Affairs, and Tropes Debate
Authors: Moore Michael S.
Published: May 2009

This chapter seeks some resolution about what causal relata might actually be, amongst these four possibilities. The metaphysical resolution is that one of the fine-grained things, states of affairs, is the true relata of the causal relation. The relation most desirable for use in law is different: (coarse-grained) events are the relata on which legal liability should turn, recognizing that such relata will be constructions based on the true relata of the causal relation, which are states of affairs.
Singularist Theories of Causation
Authors: Moore Michael S.
Published: May 2009

This chapter concludes with an overview of singularist theories of the causal relation. A variety of singularist sorts of theories are distinguished and assessed for their relative plausibility. These include primitivist theories and physically reductionist theories, amongst others. The conclusion of the chapter is that some type of singularist theory best survives the metaphysical tests for a good theory of causation. Some such theory is also the theory closest to the common sense view of causation examined in Chapter 5 and Chapter 6, and, because of that, the theory is also closest to the legal presuppositions of what causation must be like. No choice is ventured as to precisely which singularist theory will win the contemporary tournament of theories going on in modern metaphysics, although the assumption is that such theory will either be a physically reductionist or a primitivist singularism.
Changing Citizen Orientations
Authors: Dalton Russell J.
Published: May 2009

This chapter assembles an array of cross-national public opinion data to track the decline in political trust in advanced industrial democracies. Contemporary publics are less trustful of politicians, political parties, and political institutions. However, support for democratic values has increased over time, and support for the nation and political community remain strong.
Policy Preferences and Political Support
Authors: Dalton Russell J.
Published: May 2009

This chapter examines whether a growing ideological gap between citizens and their government is a significant source of decreasing trust in government. There is a perception that governments are becoming more distant from the policy preferences of individual citizens. New incumbents are elected, but in a few years dissatisfaction with their performance increases, almost regardless of their policy record. The chapter argues that the increased fragmentation of policy making, the rise of single issue groups are a source of this dissatisfaction. Governing in a complex world means that no party program can make most people happy most of the time.
Introduction
Authors: Fischer Frank
Published: May 2009

This Introduction starts by discussing the purpose of looking at the role of policy expertise in a democratic society. It talks about the book's focus and the idea behind the book. The book, the Introduction explains, was motivated by an interest in problems of expert knowledge, complexity, and citizen deliberation, and by the new interest in participatory modes of governance in Western liberal polities over the past couple of decades, especially in Europe. The Introduction sets out the context of the book. Finally it summarizes the chapters that follow.
1 Between Technical Knowledge and Public Responsibility: Professional Expertise in Critical Perspective
Authors: Fischer Frank
Published: May 2009

This chapter opens with an examination of the evolution of the professional orientation to public responsibilities, in particular civic engagement. The traditional commitments to serve the public are seen to have given way to more technical market-oriented approaches that emphasize the delivery of services on a contractual basis. The turn away from public commitments was challenged by progressive movements within a number of the major professions in the late 1960s and 1970s, but these efforts failed in part because of a problematic understanding of the relation of expert knowledge to the politics of community struggle and change. The chapter concludes by examining the less radical orientation that replaced the approach of these earlier movements, emphasizing newer forms of collaborative relations between citizens and experts.
10 Passionate Participants: Rethinking Emotion in Public Deliberation
Authors: Fischer Frank
Published: May 2009

This chapter explores one of the most difficult questions facing citizen participation and deliberative democracy: What is the role of emotion in political deliberation and public policy? The fact that emotional passion is basic to politics is clear, but the question of how to handle it both analytically and procedurally in the deliberative process is not easy to answer. In search of a better understanding of emotion in reason and politics, the chapter examines a range of perspectives, from Aristotle's theory of rhetoric to contributions from modern neuroscience. All show emotion and reason to be tied together in a complex relationship. The insight leads to the consideration of emotional expression in terms borrowed from drama and performativity. Emotion is then explored through experiences drawn from efforts by urban planners to revitalize depressed communities. The chapter concludes by suggesting a two-step process for dealing with ‘passionate reason’.
Introduction: writing in dissent
Authors: Barker Elton T.E.
Published: May 2009

This section establishes the context for reading the historians' differing responses to the foundational narratives of Homeric epic. It identifies the key aspect for thinking about debate in the historians in terms of their marginality: as writers of prose they stand on the margins of their culture, which privileges the spoken word in public contexts, and being personally responsible for their accounts they also rely on the way in which they present their material to lend authority to their narratives. As a result, this section posits a much closer, and more nuanced, relationship between Herodotus and Thucydides than is usually conceived, which sees both authors responding to the problems of writing in an oral culture in the ways that they represent debate. At the same time it reconfigures their differences in terms of rival ‘Odyssean’ and ‘Iliadic’ narrative trajectories depending on their strategies for eliciting authority or taking a stand.
4 Thucydides writes debate
Authors: Barker Elton T.E.
Published: May 2009

This chapter tackles the consensus regarding the authority of Thucydides' voice and the view that his narrative stands in opposition to the democratic assembly as depicted in the text (Ober). It argues that it is best to read Thucydides' representation of debate as agon as part of, not separate from, the narrative: the formal structure of opposing speeches gives the reader the tools with which to analyse the speakers' rhetoric; but, at the same time, by aiming at a more accurate portrayal of political discourse than previously attempted, Thucydides also reproduces the crisis of judgement. Indeed, no definitive solution to the agon is provided: on the one occasion when Thucydides enters the debate, as the decision to invade Sicily is made, he takes a stand, like an Achilles. His challenge is to his readers to dissent properly: they can come to a better understanding of how politics works by reading.
6 Beyond the agon in Euripides'Hecuba
Authors: Barker Elton T.E.
Published: May 2009

This chapter discusses the similar emphasis placed on spectating and speaking back by Euripides' Hecuba but from an alternative Odyssean strategy, which maximizes unease over tragedy's recuperative powers. It traces how this play makes a spectacle of Hecuba's suffering, maximizing sympathy for her as she first endures unending sorrow and then takes revenge. The play's Odyssean insistence on the authority of her suffering culminates when an on-stage judge (Agamemnon) sets up an agon in order expressly to deal with the fallout from her revenge, as Euripides establishes the most extreme test case of the agon's capacity to control and make use of dissent. Yet, the play ends not with the agon but with Polymestor's dissenting voice continuing to ring out, exposing Agamemnon to a few home truths and leaving the audience to make sense of dissent outside the secure comfort of any institutional framework, even the play itself.
Epilogue
Authors: Barker Elton T.E.
Published: May 2009

Using George W. Bush's second inauguration speech, which addresses both the importance of institutions to a community's freedom and the cultural distinctiveness of those institutions, this last section emphasizes the importance of structures within texts for not only representing but also reproducing values such as freedom or frank speaking. Each of the case studies presented here have shown the importance of managing dissent within the community, first by exploring how dissent works (or fails to work) within the institutional apparatus of the assembly, and then by involving the audience or reader in the process of management. In this way, representations of debate help construct an agonistic mentality by which one may perform as a citizen whether that is listening to epic, reading history or watching tragedy. It concludes with the suggestion that the challenge Achilles lays down to Agamemnon at the opening of the Iliad still requires answering even today.
Press and Politics in the Weimar Republic
Authors: Fulda Bernhard
Published: May 2009

This book offers a new interpretation of the fate of Germany's first democracy and the advent of Hitler's Third Reich. It explores the role of the press in the politics of the Weimar Republic, and it asks how influential it really was in undermining democratic values. Anyone who seeks to understand the relationship between the press and politics has to confront a central problem. Newspapers certainly told their readers how to vote, especially at election time. And it was widely accepted that the press wielded immense political power. And yet power ultimately fell to a radical politician whose party press had been strikingly unsuccessful. The book unravels this apparent paradox by focusing on Berlin, the political centre of the Weimar Republic and the capital of the German press. The book examines the complex relationship between media presentation, popular reception, and political attitudes in this period. What was the relationship between newspaper circulation and electoral behaviour? Which papers did well, and why? What was the nature of political coverage in the press? Who was most influenced by it? The book explores the nature and impact of newspaper reporting on German politics, politicians, and voters. It shows how the press personalized politics, how politicians were turned into celebrities or hate figures, and how through distortions individual newspapers succeeded in building up a plausible partisan counter‐reality.
The Berlin Press, 1918–32
Authors: Fulda Bernhard
Published: May 2009

The chapter provides an overview of newspaper publishing in this period, and surveys contemporary perceptions of press influence. What newspapers did people really read, why did they read them, and what effect, if any, did newspaper consumption have? The book presents a rigorous analysis of the Berlin newspaper market, by encompassing circulation figures and trends, marketing strategies, and press finances. At the core of this chapter is an analysis of the relationship between circulation figures and electoral behaviour. The chapter highlights the tensions created by the increasing popularization of mass newspapers, on the one hand, and ideological polarization, on the other.
Extreme Speech Under International and Regional Human Rights Standards
Authors: Hare Ivan
Published: May 2009

This chapter places international and regional human rights instruments in their historical context before analysing the specific provisions or decisions which apply them to extreme speech. It concludes that these instruments provide weak protection for extreme speech because many of the instruments have their origins in the attempt to prevent fascism from rising again and because they are interpreted as part of the international campaign against discrimination. The chapter advocates the development of a more robust domestic defence of free speech based on the comparative example provided by the doctrine of the U.S. Supreme Court rather than on international norms.
Hate Speech, Extreme Speech, and Collective Defamation in French Law
Authors: Mbongo Pascal
Published: May 2009

This chapter provides a picture of the French authorities' (Government and judges) interference in the freedom of expression which are justified by the refusal of Hate speech. These interferences appear like mirrors, not only of the French notion of freedom of expression, but also of the relationship that the French state maintains with society. The French notion of freedom of expression has in fact always been relativistic if only because, by constantly establishing a balance between freedom of expression and ‘law and order’, French constitutional texts have never brought about a debate comparable to the American debate relating to the First Amendment's provision that Congress shall make no law abridging freedom of speech. As a matter of fact, the constancy of this balance between freedom of expression and ‘law and order’ tells us something about a certain form of ‘paternalism’ that is particularly characteristic of the French state in its relations with society.
Towards Improved Law and Policy on ‘Hate Speech’—The ‘Clear and Present Danger’ Test in Hungary
Authors: Molnar Peter
Published: May 2009

This chapter highlights the relevant jurisprudence of Hungary, a post-Holocaust, post-communist, Central European democracy, and shows that the search for effective law and policy on ‘hate speech’ benefits from a fresh, open look at the best practices wherever they have developed. It provides a short description of the social context in Hungary, the most important elements of which are: the Hungarian freedom struggles in the 19th and 20th centuries which always passionately advocated freedom of speech and freedom of the press; decades of totalitarian censorship; the largest Jewish community remaining in Central Europe after the Holocaust, mostly concentrated in Budapest; antisemitism; and the hatred against Roma Hungarians. It analyses how the Hungarian Constitutional Court and the other courts in Hungary have adopted the ‘clear and present danger test’ of the Supreme Court of the United States. Finally, in light of related Hungarian jurisprudence, the chapter explores what might be the most helpful policy on this issue, the most difficult of all questions of free speech theory.
The Danish Cartoons, Offensive Expression, and Democratic Legitimacy
Authors: Cram Ian
Published: May 2009

This chapter presents a legal and constitutional examination of the legitimacy of ‘offence’ as a ground for limiting expression by the coercive force of law. It sets out to tackle a number of questions. First, it discusses the likely outcome of a challenge before the European Court of Human Rights to national authorities' restrictions on expressive activities, where those restrictions rest on the claim that the expression in question does or is likely to cause offence to genuinely held religious beliefs. It discusses some reasons in favour of tolerating offensive expression, including what for many is the least deserving form of offensive expression, namely, ‘gratuitously offensive’ speech. Finally, some issues around the outer limits of offensive expression are explored.
Extreme Religious Dress: Perspectives on Veiling Controversies
Authors: McGoldrick Dominic
Published: May 2009

This chapter examines ‘extreme religious dress’, in particular, the wearing of the Islamic headscarf-hijab in jurisdictions across the world. The focus is predominantly a legal one that seeks to apply human rights standards and categorizations. Section 2 considers the relationships between speech and religious dress. Section 3 examines how headscarf-hijab cases have been, and can be, constructed in terms of international human rights law, individual and group identities and the human right to freedom of religion. Section 4 considers the narrower educational context. Section 5 considers the issue from religious, race, and gender discrimination perspectives. Section 6 widens the perspective to embrace fundamental values of autonomy and consent. Section 7 notes the role of the margin of appreciation in explaining human rights outcomes. Finally, Section 8 locates the importance of religious dress issues, and in particular that of the Islamic headscarf-hijab, within broader contemporary political and philosophical debates.
The Politics of Memory: Bans and Commemorations
Authors: Weil Patrick
Published: May 2009

This chapter shows that the French Republic has previously recognized slavery as crime against humanity and has adopted such radical bans and celebrations: in 1848, at the time of the permanent abolishment of slave trade and slavery; and in the 1880s, when the Republic was definitively put into place as France's form of government. Examining the circumstances in which these institutionalizations took place provides an understanding of the more recent laws in a historical context.
Shouting Fire From the Nanny State to Heckler's Veto: the New Censorship and How to Counter It
Authors: Edgar David
Published: May 2009

Nearly fifty years on from the Lady Chatterley's Lover trial and over forty years from the abolition of theatre censorship, the new threat to free speech in the story-telling arts comes not from the nanny state but from a public demanding the right to be protected from offensive images. Newspaper attacks on representations of wicked people and their acts — at a time when victims' rights are being vigorously asserted — have blurred the distinction between the real and the imagined, and contributed to a climate in which the value of storytelling is downgraded and free speech made vulnerable. Understanding why some groups want to assert their right not to be offended, it is argued that it is beneficial for minority groups to protect free speech and the rights of artists to free expression, even when their work deals with the extremes of human behaviour.
6 Voter Competence: What do Voters Need to Know?
Authors: Hobolt Sara Binzer
Published: May 2009

What do voters need to know? That is the question examined in this chapter which explores voting behaviour in EU referendums from a normative perspective by considering the issue of voter competence. The main argument put forward in the chapter is that that competent voting in EU referendums is based on issue‐specific preferences and requires political knowledge, but not necessarily high levels of factual political information, since information short‐cuts such as party cues can act as substitutes for detailed information. These theoretical questions are evaluated empirically in an analysis of the 1994 Norwegian referendum on EU membership. This case study reveals that most citizens can vote ‘competently’ by relying on the recommendations of political parties, although it does not follow that voters necessarily adhere to this advice.
9 Lessons and Future Challenges
Authors: Hobolt Sara Binzer
Published: May 2009

This concluding chapter summarizes the key arguments and findings of the book. It discusses the normative and policy implications of this study, focusing particularly on the issue of voter competence and the arguments for and against direct democracy. It also offers some general thoughts and recommendations on the use of direct democratic institutions in the European Union. Specifically, it evaluates the proposal to hold Europe‐wide referendums in light of the evidence presented in this book. It concludes that while such referendums should not be viewed as a panacea for the democratic deficit in the Union, they could facilitate Europe‐wide debate and political participation. Moreover, evidence from past referendums has shown that voters tend to make competent decisions when they are provided with sufficient information.
2 The Layers of National Innovation Systems: The Historical Evolution of a National Innovation System in Norway
Authors: Wicken Olav
Published: May 2009

The national innovation system (NIS) of Norway is characterized by diversity. This chapter examines the multiple and heterogeneous historical processes, each defined as a path, that have given rise to such diversity. Each of the paths has involved specific types of social groups, organizations, knowledge bases, and institutional set-ups, and for each path a specific type of innovation structure has been developed. The chapter defines three main historical paths emerging from three major industrial transformation processes in Western history defined as Industrial Revolutions. Each of these transformations created new industrial paths constituting a new layer in the economy. The Norwegian NIS is therefore described as the historical outcome of three diverse paths and consisting of three distinct layers. The creation of a new path does not indicate that the old paths of the economy remain static. Rather, each path historically has undergone radical transformation processes in order to remain competitive in changing environments. The main dynamics of the innovation system are therefore linked to path transformation and path creation processes.
6 Innovation and Production in the Norwegian Aluminum Industry
Authors: Moen Svein Erik
Published: May 2009

The factors that influence and drive the path of innovation and production in sub-national industries may exist at many levels, e.g., within the firm itself, at the sector, the national, or at the international level. With the case of the Norwegian aluminium industry, this chapter emphasises the relative importance of the international dimensions of the sectoral system of innovation and production. The competitiveness of Norway's aluminium plants today, which is crucial to long-term industry survival, depends on a few fundamental factors, which are heavily influenced by actors, institutions, and technologies and knowledge at the local, national, and international levels. The chapter shows that the relative dominance of these different levels may vary during their historical evolution.
8 The Innovation System of Norwegian Aquacultured Salmonids
Authors: Aslesen Heidi Wiig
Published: May 2009

This chapter focuses especially on the innovation system of aquaculture of salmon and trout in Norway. It describes the sector in a national and global context, and highlights innovation strategies by aquaculture firms according to knowledge base and characteristics of the organizations. The empirical material presented in this chapter shows that aquaculture firms have very different approaches to innovation; from anti-innovation strategies to strategies of being in the forefront of innovation in the sector, showing how firms with very different innovation systems exists side-by-side in one sector. The overall functioning of the sectoral innovation system of aquaculture is influenced by all the different layers of firm types, suggesting a diverse policy approach in order to strengthen the sectoral innovation system — a sector with the potential to become even more knowledge intensive and innovative than today.
11 University—Industry Relations in Norway
Authors: Gulbrandsen Magnus , Nerdrum Lars
Published: May 2009

This chapter analyses the relationship between universities and industry in Norway. Funding figures, publication and patent data, surveys, and interviews all indicate that there has been a slow and steady increase in university-industry relations during the last twenty years. In the 1980s an increase in the share of industry funding of university R&D can be seen, and the 1990s saw a strong growth in PhD students finding work in firms. Many of these trends are found all over the OECD area, although there are large variations across disciplines, institutions, and industries. Some evidence exists to suggest that Norwegian firms may be particularly collaborative when it comes to R&D and innovation. There are, however, also barriers to how close the cross-sector relations may become. For example, data on graduates' transition to work indicate how the shorter-term expectations and needs of firms may be difficult to meet by the universities and colleges.
Transport and Relaxation in Quasi-Equilibrium Regimes: Gas Mixtures
Authors: Brun Raymond
Published: May 2009

This chapter extends the Chapman-Enskog method to binary gas mixtures in equilibrium at the zero order of the distribution function. It examines monatomic gas mixtures then diatomic gases possessing one or two internal energy modes (rotation, vibration). Navier-Stokes equations are established with the corresponding transport terms related to viscosity, conductivity, and diffusion. Simplified expressions for these terms depending on various relaxation times are given, as well as general expressions for collisional integrals. Finally, alternative procedures to the Chapman-Enskog method are briefly presented such as the Gross-Jackson procedure and the method of moments.
Elements of Gas Dynamics
Authors: Brun Raymond
Published: May 2009

This chapter presents the general features of traditional gas dynamics, deduced from the ideal gas model assuming no reaction and constant specific heats. Examples are given including one-dimensional isentropic flows, shock waves, and boundary layers. In the framework of these examples, various flow configurations are considered such as expanding flows in nozzles, kinematics of shock waves, and boundary layers with and without pressure gradient, and turbulent flows. Calculation methods of flow quantities are presented, such as the method of characteristics for isentropic flows, Rankine-Hugoniot relations for shock waves, and Lees-Levy-Dorodnitsin (LLD) transformation for boundary layers.
2 Probing phrases, pronouns, and binding
Authors: Heinat Fredrik
Published: May 2009

This chapter makes use of Pesetsky and Torrego's feature chains to account for the distribution of reflexive and personal pronouns. Under the assumption that all unvalued features probe when merged, it is possible to form chains between reflexives and their antecedents. In line with Reuland (2001), the assumption is that these chains force the reflexives to be interpreted as bound variables at LF.
3 Wh‐agreement and bounded unbounded movement
Authors: Schneider‐Zioga Patricia
Published: May 2009

This chapter examines wh-agreement in Kinande and establishes that is does not indicate movement has taken place. Therefore, wh-agreement cannot be taken as evidence for feature motivated intermediate checking of links in an A'-movement chain. It is established that the displaced wh-expression is related to the site where it is interpreted via multiple resumptive elements. This suggests that minimalism must consider the possibility of base-generating multiple resumptive copies, thereby posing the non-trivial question of how relevant links emerge.