bluuebunny/crossref_metadata_2025 huggingface dataset:
3 Sudan
Authors: Charles Parkinson
Published: January 2009

The Sudan Self-Government Statute of 1953 contained the first bill of rights written in a territory under British dominion. The timetable for Sudan's constitutional decolonization and the content of its constitutional instrument were heavily influenced by international considerations, specifically because Britain shared dominion over the Sudan with Egypt and Egypt controlled the geopolitically crucial Suez Canal. Cold War politics then dictated that British policy on the Sudan was closely linked to Britain's negotiations with the Egyptian Government about a defence treaty over the Suez Canal. The impetus for the bill of rights came from educated northern Sudanese politicians who, inspired by international human rights instruments, saw a bill of rights as an aspirational statement of the Sudan's desire to become an independent nation state.
5 Ghana
Authors: Charles Parkinson
Published: January 2009

When Ghana achieved independence on 6 March 1957, it was the first British territory in sub-Saharan Africa to be granted independence under African rule. For this reason, there was intense pressure to ensure that the transfer of power took place smoothly and the government of independent Ghana had a viable constitution. But the result was a rushed and haphazard constitution-making process as the Colonial Office struggled to develop coherent policies on decolonization against the backdrop of African nationalism. Although Ghana's independence constitution did not contain a bill of rights, the question of whether to include a bill of rights received sustained consideration. Ghana marked a turning point for Colonial Office attitudes on the value and subsequent use of bills of rights in independence constitutions. Most significantly, the Colonial Office decided that the political benefits of reconciling the minority groups to independence outweighed the legal detriments of having a bill of rights in an independence constitution.
7 The British West Indies
Authors: Charles Parkinson
Published: January 2009

During independence negotiations in British Guiana, Jamaica, and Trinidad and Tobago, the debate about bills of rights did not focus on the merits of bills of rights in protecting the rights of individuals but on their capacity to entrench in the constitution the basic democratic features of the Westminster system of government. There was great apprehension about independence from groups that had different views from the party likely to be in government during the transfer of power. One approach taken by such groups was to try to lock in the constitutional status quo and therefore minimize the political uncertainty after independence. The bill of rights was an important component of this entrenchment package. This reflected a major shift in thinking about the use of a bill of rights that did not occur to the same extent in either Asia or Africa.
Roots
Authors: McCrudden Christopher
Published: January 2009

This chapter examines the use of procurement linkages as part of national industry policy. It considers its use by government to achieve certain more narrowly social policy functions, in particular to foster the creation of jobs to relieve unemployment, to promote fair labour conditions, and to promote the increased utilization of the disabled in employment. The chapter proceeds as follows. Part I discusses the use of procurement to promote various differing aspects of national industrial policy: protecting national industry against foreign competition, the promotion and restriction of the use of prison labour, improving the competitiveness of certain industrial sectors, remedying regional disparities, and serving as an instrument of general economic policy. Part II focuses on the use of public works to create employment. Part III discusses public procurement and labour relations. Part IV examines the link between disability and procurement.
Buying Social Justice?
Authors: McCrudden Christopher
Published: January 2009

This chapter explores the pros and cons of the use of procurement linkages to advance status equality, from an economic and political perspective initially. It considers arguments for and against linkage. It argues that whether one considers procurement linkages beneficial or not depends on how procurement linkages work out in practice, but that the potential for benefits to accrue from such linkages is worth experimentation and engagement.
Contract Compliance in the United States and Canada
Authors: McCrudden Christopher
Published: January 2009

This chapter discusses the development of procurement linkage as a tool for tackling employment discrimination based on race, beginning in the United States during the Second World War, and continuing during the 1950s and 1960s, mutating into a mechanism for securing affirmative action. It traces the development of this approach up to the early 1990s. The expansion of this approach to cover other groups in the United States is then considered, in particular the use of procurement to encourage the development of access by disabled workers to information technology. The chapter also examines the development of a type of procurement linkage in Canada that mirrors that of the United States: schemes that link the award of government contracts with attempts to secure ‘employment equity’ in employment for various groups, referred to as ‘contract compliance’. It is shown how the International Labour Organization (ILO) has adopted this contract compliance approach.
Procurement Linkages and the 2003 Legislative Reforms: aModus Vivendiin Sight?
Authors: McCrudden Christopher
Published: January 2009

Chapter 12 and 13 showed that significant developments affected the political and legal context of public procurement linkages from the early 1990s. Chapter 13 showed how some Member States revised their approaches to equality linkages in partial response to these changes. Chapter 12 also showed that one of the significant changes in the context of European procurement law and policy was the greater legal clarity regarding the extent to which such linkages were legally permissible, arising from decisions of the European Court of Justice (ECJ), and legislative reforms in 2003. This chapter discusses the history of these legislative reforms.
EC Public Procurement Law and Equality Linkages: Foundations for Interpretation
Authors: McCrudden Christopher
Published: January 2009

This chapter examines the relationship between procurement linkages and the interpretation of existing EC law. It sets out the foundations for an interpretation of the procurement directives as they apply to procurement linkages, paying particular attention to the procurement directives adopted in 2003. Topics covered include EU status equality law, procurement law, equal treatment in Community law, freedom of contract, and limits of procurement directives.
Experiences from Professional Practice: Some Steps towards Empirical Research
Authors: Prechal Sacha , Senden Linda , van Roermund Bert , Vandamme Thomas
Published: January 2009

The Binding Unity and Divergent Concepts in EU Law project sought to establish the scope of the phenomenon of ‘conceptual divergence’ by gathering data from the daily practice and personal experience of legal professionals involved in European law. This chapter presents an account of the response to a questionnaire: how conceptual divergence is detected, perceived, and dealt with in legal practice, and how it is evaluated in the long run. According to some respondents, conceptual divergence may occur in relation to concepts such as ne bis in idem, or ‘penalty’ and ‘sanction’ (terms that are used interchangeably in EU law, much to the confusion of Dutch lawyers to whom they mean different things). Others are ‘detention’, ‘confiscation’ (a term that in Dutch legal language triggers the question of whether it is to be translated as verbeurdverklaring or onttrekking aan het verkeer) and, again, the concept of ‘goods’.
Translation at the Court of Justice of the European Communities
Authors: Mulders Leo
Published: January 2009

This chapter focuses on the practical aspects of translation in order to make the various actors in the legal profession more aware of the intervention of translation in the judicial process and of the possible consequences of this intervention. To some extent the judicial decisions of the Court of Justice are produced by translators as far as the form/language is concerned, although the content is obviously decided by the Court. In reading these decisions, one therefore has to be able to identify the specific linguistic aspects. The language regime at the Court, the function of the translators (lawyer linguists), the translation service, and the translation process are described. Some of the problems encountered during translation are discussed. One of the topics of the project — discretion — is analyzed from the point of view of a translator. Finally, conclusions will be drawn for the various legal actors.
Rights in EU Law
Authors: Beljin Saša
Published: January 2009

This chapter investigates the notion of EU rights, starting with a glance at the historical development of rights. This constitutes the starting point for discussions on the relationship between rights and judicial protection, on the differences between rights and interests, as well as on the basic characteristics and determination of EU rights. It argues that the EU model can bear similarities to certain aspects of established Member State models and can unite various elements from different national concepts. Insights into the national concepts are a starting point. However, an exploration of the concept of EU rights must go beyond this and should lead to an autonomous understanding. Apart from that, the significance of the national systems in the development of a concept of EU rights is limited to them being a mechanism of implementation that is subordinated to EU law.
On Discretion
Authors: Caranta Roberto
Published: January 2009

This chapter examines discretion in European legal systems. It reviews the modes of judicial review of discretion in Germany, France, Italy, and England. Recent cases suggest a new readiness on the part of Community Courts to review more stringently the decisions taken by Community institutions. However, as novel as these judgments may be, they are still very unstructured from the point of view of the analysis of discretion. Community Courts still pay lip-service to supposedly broad discretion; they do not distinguish between different types or degrees of discretionary decision as most national courts do. This leaves plenty of doubt as to whether and to what extent review has changed.
Discretion, Divergence, and Unity
Authors: Brand Michiel
Published: January 2009

This chapter examines some of the main points and characteristics associated with discretion. In particular, it attempts to lay bare the relations of discretion with conceptual divergence and, ultimately, how this may relate to the attainment or stimulation of unity within a legal system. It argues that discretion is a concept that relates strongly to divergence, subsidiarity, and decentralization. It could therefore be held that the granting of discretion from above by the ECJ often involves the sustenance as well as the creation of divergence, in many cases for the sake of upholding the unity of the EU system.
Conceptual Divergence, Functionalism, and the Economics of Convergence
Authors: Chirico Filomena , Larouche Pierre
Published: January 2009

This chapter takes a broader perspective on the issues of convergence and divergence between legal systems. It examines why different legal systems diverge. It illustrates that the basic proposition that the existing state of affairs is not fortuitous and will usually turn out to be in equilibrium: in other words, that it is the outcome of various forces. The chapter then touches upon methodology: what divergence is and how it can be detected. This section is not so much concerned with economic analysis of the law, but rather with the methodology of comparative law. It illustrates a more general proposition arising from any multidisciplinary approach to the law, namely that it is crucial that the law be seen in a broader context, i.e., one that includes both the policy choices underlying it and its practical outcome. The chapter explains under what conditions divergence should be seen as a problem, and explores possible solutions.
Vagueness and Degrees of Truth
Authors: Smith Nicholas J. J.
Published: January 2009

This book argues that an adequate account of vagueness must involve degrees of truth. The basic idea of degrees of truth is that while some sentences are true and some are false, others possess intermediate truth values: they are truer than the false sentences, but not as true as the true ones. This idea is immediately appealing in the context of vagueness — yet it has fallen on hard times in the philosophical literature, with existing degree-theoretic treatments of vagueness facing apparently insuperable objections. The book seeks to turn the tide in favour of a degree-theoretic treatment of vagueness, by motivating and defending the basic idea that truth can come in degrees, by arguing that no theory of vagueness that does not countenance degrees of truth can be correct, and by developing a new degree-theoretic treatment of vagueness — fuzzy plurivaluationism — that solves the problems plaguing earlier degree theories.
Introduction
Authors: Smith Nicholas J. J.
Published: January 2009

This introductory chapter begins with a discussion of the use of the term ‘vague’ in philosophy. It presents three characteristics of vague predicates: they give rise to borderline cases; their extensions have blurry boundaries; and they generate Sorites paradoxes. It then explains the goal of studying of vagueness, which is gain an account of the semantics of vague predicates — an account of what the meaning of such a predicate consists in, and of how (if at all) it differs from the meaning of a precise predicate. An overview of the subsequent chapters is presented.
Accommodating Vagueness
Authors: Smith Nicholas J. J.
Published: January 2009

This chapter shows that only those theories of vagueness that countenance degrees of truth can allow for the existence of predicates that satisfy the Closeness definition. More precisely, it argues that given the existence of a Sorites series for the predicate F, there is no way to accommodate the claim that F conforms to Closeness without accepting the idea that truth comes in degrees. The upshot is that there is a need for a theory of vagueness that countenances degrees of truth — provided, of course, that vagueness is correctly defined in terms of Closeness. The chapter provides the positive argument in favour of the latter claim in the previous chapter. It concludes the case for Closeness by providing negative arguments to the effect that alternative definitions which might be proposed as its replacement do not share its advantages.
Changing Institutional and Regulatory Frameworks for Job Intermediation
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola
Published: January 2009

This chapter begins by postulating the key suggestions that there is a visible trend towards the ‘marketization’ of employment services. By that is meant a process leading towards the ‘semi-privatization’ and the ‘economization’ of their organization, activities, and actual service delivery. This process is composed of a series of observable trends and in particular (i) private employment services increasingly perceived as providers of a public service; (ii) public employment services activities increasingly confined to the placement of the ‘hard-to-place’; (iii) private employment services increasingly specialising in ‘upmarket’ ‘facilitative’ intermediation; but also (iv) private employment services expanding in ‘transactive’ (and often ‘multilateral’) intermediation of middle/low skill manual and clerical labour. The investigation suggests that the latest evolutionary trend in this development consists in (v) private employment services acting as outsourced operators of public employment services or Governments for the ‘hard-to-place’, as suggested by the Employment Zones experiment in the UK.
Conclusion
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola
Published: January 2009

This concluding chapter suggests that the three initial hypotheses are broadly vindicated by the findings of the research. The ‘public to private’ shift can be adequately addressed by reference to the concept of ‘regulatory semi-privatization’ while the move from ‘social to economic’ regulation is best exemplified by the concept of ‘Economization’ of public services. However, the initially postulated hypothesis of a progressive marginalization of national regulation to the advantage of supranational regulation clearly requires some qualifications and conceptual refinements. The findings suggest that national regulation's loss of monopoly does not quite amount to a ‘federal centralization’ but can be seen from the viewpoint of regulation by selective reflexivity, a concept that is further explored and defined. The final question however can only be whether the conclusions are extensible across the whole range of public services and the notions of ‘differential extensibility’ and ‘embeddedness’ show to be useful tools to this end.
The Fair and Equitable Treatment Standard in the International Law of Foreign Investment
Authors: Tudor Ioana
Published: January 2009

This book starts by exploring the classical sources of international law as possible sources for the Fair and Equitable Treatment (FET) standard. On the basis of an empirical study of 365 Bilateral Investment Treaties and of the existing regional and multilateral investment agreements, it finds that there is no uniformity among the drafting formulations of FET clauses, which means that the wording of each FET clause has to be carefully analysed. The book also argues that the FET standard is not part of the International Minimum Standard, but that it is an independent standard which became customary. Then the book looks at the nature of FET, that of being a standard, and retains that there are three direct consequences for its meaning: an absence of fixed content, flexibility, and an evolutionary character. Since it is not possible to give a fixed content to FET, the book further develops on the role of the arbitrator in establishing the threshold at which the FET will be applied in each one of the cases in front of him, and in the various situations in which the FET standard has already been applied on the basis of a thorough analysis of the existing case law. Finally, the book argues that, while a breach of the FET has to be established exclusively by looking at the behaviour of the State, the amount of compensation has to be calculated by taking into account also the behaviour of the investor and any special situations in which the State may find itself.
Preparation Phases For A Successful FET Based Claim
Authors: Tudor Ioana
Published: January 2009

This chapter is directly aimed at arbitrators and to the Parties' counsels who have the duty to prepare memorials for their clients in an investment case. It contains the basic information that a claim should contain in order to have greater chances of being accepted and successful in front of a tribunal, and also an overview of the main characteristics of the claimants' and defendants' approach to FET. The second part of the chapter establishes a four-step methodology for the treatment of FET claims that should allow arbitrators to examine such claims in a progressive and ordered manner, taking into account all relevant elements at a specific stage of the procedure.
Coda—Enforcement of FET Standard
Authors: Tudor Ioana
Published: January 2009

This final section of the book concerns the events taking place once the award on the breach of the FET standard is dispatched to the parties by the arbitrators. Two alternative scenarios are analysed: the first one concerns the situation where one of the parties submits a demand for the annulment of the award on the legal grounds available in front of each arbitration forum; the second situation concerns the case where there is no annulment procedure and the award becomes final. It is argued that in both cases, once the award is finalised, the compensation amount established by the arbitral tribunal is always subject to negotiations between the parties, and that the mere fact of having a final award does not always result, in practice, in the automatic payment of the amount established by the award.
Six Paths to Vertigo-free Legal Theory
Authors: Delacroix Sylvie
Published: January 2009

Legal theorists dread a particular kind of vertigo, commonly striking those who, looking for some solid ground on which to base their evaluative outlook, find nothing but a congruence of seemingly random subjectivities. If there is nothing to our moral commitments but a contingent balance of interests and desires, how can the law ever stand on firm ground when it has to refer to such commitments in order to settle controversial cases? No one expressed this vertiginous feeling more candidly than Montaigne. His critique of the natural law model was inaugural not only in the challenge it raised but also, most remarkably, in the strategy deployed to recoil from it. This chapter discusses six ways of avoiding the vertigo described above, starting with Montaigne's ‘mystical move’.
Moral Evaluation and Conceptual Analysis in Jurisprudential Methodology
Authors: Oberdiek John , Patterson Dennis
Published: January 2009

Analytic general jurisprudence has become increasingly attentive to its own methodology in recent years. No longer content with its traditional first-order questions revolving around the varieties, commitments, and defensibility of legal positivism, the discipline of jurisprudence has raised a second-order methodological question: How should one do jurisprudence? This chapter introduces the methodology debate, draws attention to the merits and shortcomings of various positions already staked out, and contributes to the debate by defending the claims that moral evaluation has a modest role in analysing the concept of law and that conceptual analysis, or rather, many of its incarnations, is defensible and indeed inescapable in jurisprudence.
The Moral is: States Make Laws
Authors: Harrison Ross
Published: January 2009

This chapter argues that we may gain some insight into the nature of law by appreciating that it is a purposive activity, and that it is states that in the first instance have these purposes. By asking what the purposes of states are (why have states; could states be made better?), we get more grip on what the purpose of law is. It then addresses the following question: Why have states? It argues that there is a moral reason for there being law-making states because it assists one in achieving moral goals. Starting with one's individual moral, rather than self-interested, reasons, the state is used as an indirect means of achieving them.
Criminal Responsibility and Public Reason
Authors: Duff RA , Marshall SE
Published: January 2009

This chapter begins with a conception of the criminal trial as the forum in which criminal responsibility is formally and publicly actualized, and with an explication of the idea of responsibility as answerability on which that conception depends. It then provides an account of criminal responsibility as a matter of being answerable to our fellow citizens for the public wrongs that we commit — a ‘public’ wrong being a wrong that properly concerns all citizens simply by virtue of their shared membership of the polity. The kind of public reason on which such answerability depends is discussed.
Protest and Punishment: The Dialogue between Civil Disobedients and the Law
Authors: Brownlee Kimberley
Published: January 2009

This chapter examines the nature of the moral dialogue which purportedly occurs between disobedients and the law as well as the kinds of responses that a genuine dialogue would permit from each party. It argues that the justified response by each to the other cannot be determined solely on the basis of deserved censure. To be justified in communicating censure through punishment or through civil disobedience, authorities and dissenters respectively must not simply have good grounds for condemnation and a legitimate motivation, but also accommodate concerns of charity or good will, restoration, and the prevention of further wrongdoing. The chapter concludes by examining some ways in which the analogy between lawful punishment and civil disobedience might break down.
‘Honour to the Victors!’
Authors: Edele Mark
Published: January 2009

This chapter explores the evidence for each of two popular views about Soviet veterans after the war: as victims and as victors. It shows that it is impossible to think of veterans as one united group as far as their social trajectory is concerned. There was a minority in the Communist Party, in institutions of higher education, and in administration, who clearly moved up in the world. In most cases, however, this was a continuation of prewar patterns of social mobility, not a change triggered by the war. For the majority of veterans, the return to civilian life meant a return to a similar social position as before the war and it is impossible to find a clear pattern of mobility of former soldiers as a group.
1 Features of recent transitions
Authors: del Castillo Graciana
Published: January 2009

Despite some common features, each war-to-peace transition is distinct, owing to the specific interplay of a number of factors. These include the circumstances in which conflict or chaos began — for example, internal strife, regional conflict, ethnic rivalries, or control over natural resources — and whether peace was reached through negotiation or through military intervention. Other factors include the extent of international financial and technical assistance, and the number of international troops and police that the country could obtain, given its strategic or regional importance vis-à-vis donors and troop-contributors. This chapter also analyzes the move from the military-civilian UN-led operations in the 1990s — Namibia, Cambodia, El Salvador, Mozambique, Guatemala, and Haiti — to the mid-1990s when human tragedies in Rwanda, Bosnia, and Kosovo led to military interventions with UN support. Following September 11, the United States led military interventions in Afghanistan and Iraq, with the UN's role clearly diminishing and becoming secondary.
5 The multilateral framework for international assistance
Authors: del Castillo Graciana
Published: January 2009

This chapter presents the large number of actors involved in post-conflict economic reconstruction and focuses on the key role played by the UN and the international financial institutions (IFIs). The chapter discusses the UN operational capacity, critically analyzes past reforms, and proposes institutional arrangements and expertise the UN lacks and which are essential to deal effectively with economic reconstruction. The chapter also discusses the policy advice and technical assistance provided by the Bretton Woods Institutions (the International Monetary Fund and the World Bank) to help post-conflict countries to set up their macro- and micro-economic framework and establish market-based policies and institutions. The chapter makes a critical evaluation of these institutions' role in financing reconstruction through their own institutional financial arrangements and through catalyzing financing from other donors. The chapter analyzes the relationship between the UN and the IFIs during reconstruction, as well as the cooperation and coordination among the UNDG.
6 Issues for debate on international assistance
Authors: del Castillo Graciana
Published: January 2009

This chapter argues that a stronger capacity for international assistance, in conjunction with a sound strategy for economic reconstruction at the country level, would greatly improve a country's chances of success in consolidating peace and in fully devoting its resources and energies to the normal challenge of development and poverty alleviation. The chapter argues in favor of greater flexibility and more aid on concessional terms from the international financial institutions (IFIs) and other donors on the one hand, and on the other, for post-conflict countries to assume greater responsibility and accountability for dealing with aid and reconstruction issues. The chapter discusses issues of aid (official flows, tied aid, post-conflict vs development aid); budgets; external debt; conditionality; concessionality; technical assistance; and governance related to economic reconstruction. It also proposes measures to improve the mechanisms and capabilities of the international community as a whole to carry out effective reconstruction in the future.
Retail capitalism in the parlour: mail order catalogues
Authors: O'Connell Sean
Published: January 2009

This chapter explains how catalogue retailers successfully expropriated working class social networks. Mail order evolved from an experiment with draw clubs to a billion pound credit base industry. Its mainly female agents were largely socially rather than financially motivated, and they embedded the catalogue in many social networks. However, until the 1930s catalogue retailers were reluctant to appoint female agents due to concerns about the legal status of married women's credit bargains. Credit assessment and policing by agents allowed mail order to keep bad debts at low levels. Agents were typically of a higher social status than customers and acted as a gatekeeper to credit for them. From the 1980s, increasing female employment, greater access to other forms of credit, and declining levels of trust in working-class neighbourhoods created ‘credit orphans’ of some former customers. Together with computerization and credit scoring, this was a significant factor in financial exclusion.
The Causes of Motivating Passions
Authors: Cohon Rachel
Published: January 2009

This chapter considers two ways to interpret Hume's understanding of the roles of pleasure and pain, desire and aversion, in the production of motivating passions and so of actions. Its upshot is that even on the most subtle interpretation of the text, the best evidence shows that for Hume beliefs about available pleasure and pain cause new motivating passions and do not merely direct existing passions. Since this is his position, we must rethink what he means when he argues that reason alone is not a motive to the will, and we must reinterpret his arguments to show that moral distinctions are not derived from reason. For on the common reading, those were all based on the claim that no belief can cause a motivating passion without the causal assistance of some prior passion not of its making. And that is not Hume's view.
Reason Alone and Moral Discrimination
Authors: Cohon Rachel
Published: January 2009

This chapter offers a new account of why Hume thinks reason alone cannot be a motive to the will, and a new explanation of his claim that moral distinctions are not derived from reason. ‘Reason’ for Hume is the name of a process or activity, one of comparing perceptions, and given the nature of this activity, no new impression can be its outcome. When he says that no passion or action can be produced by reason alone, he means that none can be produced by the reasoning process without another process. Passions, however, are made by a different process, even when they are caused by beliefs without any independent causal assistance. Thus, although causal inference produces the belief that drinking the cold beverage before me would give me pleasure, and that belief causes me to want to drink it, and this desire in turn causes me to act, neither the desire nor the action is produced by reason alone. Discerning the difference between virtue and vice, good and evil, is also a distinct process from reasoning, since the process of moral discrimination is one that can result in new passions, and the reasoning process cannot do so. The two processes, reasoning and moral discrimination, are not identical.
Criticizing Hume's List of Virtues and Vices
Authors: Cohon Rachel
Published: January 2009

This chapter addresses the question whether Hume sees himself as merely a psychologist describing the human mind and its moral proclivities, or also as an advocate for a particular way of life or list of virtues and vices that should replace its competitors, and so a potential critic of socially accepted lists of virtues and vices. It is argued that Hume makes normative claims on behalf of the traits he lists as virtues and vices, and that his moral theory provides readers with some grounds on which to criticize the shared ethical standards of a particular society or historical era, though not adequate grounds to enable a reader to make all the criticisms he or she might wish to make.
Achieving Compliance: Positive Duties Beyond the Courts
Authors: Fredman Sandra
Published: January 2009

This chapter examines non-justiciable compliance mechanisms. Drawing on regulatory theory, it argues that such mechanisms should move away from a fault-based notion, to focus on the body in the best position to bring about change. Rather than leaving enforcement to the ad hoc initiative of an individual, it aims to stimulate an internalization of the validity of human rights obligations. Sanctions or penalties are utilized only as the fall-back. Also of key importance is the involvement of stakeholders and others. The chapter also considers the risk that positive human rights duties might become severed from their roots as fundamental human rights and merge with policy-making. The chapter then considers possible applications of these theoretical insights, with a focus on the EU's Open Method of Coordination; reporting mechanisms, and human rights commissions. It concludes by constructing a ‘synergistic’ approach in which political, judicial, and non-judicial mechanisms work together to produce positive outcomes.
Equality
Authors: Fredman Sandra
Published: January 2009

This chapter examines the interaction between equality of status, found in anti-discrimination law, and distributive equality, found in the Welfare State and socio-economic rights. The development of substantive equality has required greater attention to be paid to the relationship between these two spheres. Applying the work of Fraser and others, the chapter considers the interaction between recognition and redistribution, arguing for a better integration of positive and negative dimensions. It applies the analysis in Chapter 4 to fashion an appropriate judicial role. It then considers positive duties to promote equality outside the courts. Rather than requiring proof of individual fault through litigation, proactive models impose responsibility with those best placed to bring about change. However, proactive models risk slipping into pure policy without a human rights dimension. The chapter addresses the key challenge: to structure the duty round the concept of a fundamental right, without reverting to individualized complaints mechanisms.
Socio-economic Rights and Positive Duties
Authors: Fredman Sandra
Published: January 2009

This chapter applies the approach developed in this book to familiar topics of socio-economic rights, focussing on housing, education, and welfare, and drawing on comparative experience in selected jurisdictions. In each case, it considers how the infusion of values of positive freedom, solidarity, and equality opens up the possibility of recognizing positive duties even in relation to civil and political rights. The interaction between positive and negative duties is then considered: for example, the duty not to evict unlawfully is closely related to a duty to provide housing in the context of severe housing shortages, as in South Africa or India. The chapter then examines how the content of the positive duty can be ascertained; and the role of the minimum core. The role of courts in insisting on accountability, equality of participation and enhanced deliberative democracy is then evaluated. Finally, non-judicial compliance mechanisms are considered.
Introduction
Authors: Maddy Penelope
Published: January 2009

This introductory chapter begins with a brief discussion of the purpose of the book, which is to delineate and to practice a particularly austere form of naturalism. It coins a new term, ‘Second Philosophy’, to distinguish this form of naturalism from other ‘naturalism’, and introduces an idealized inquirer called the Second Philosopher. The Second Philosopher's approach is what is typically termed ‘scientific’, and she is fully capable of appreciating and addressing a wide range of questions we would just as typically regard as ‘philosophical’. An overview of the subsequent chapters is presented.
Hume's naturalism
Authors: Maddy Penelope
Published: January 2009

A kindred spirit to the Second Philosopher, Hume sets out to be the Newton of the Science of Man, to bring empirical methods to the study of human nature. Alas, for all his good intentions, Hume is led to scepticism about the external world. Here the relations between Hume's naturalism and his skepticism are examined. One strong line of interpretation has it that it was Hume's very naturalistic methods that ultimately led him to his ‘barren rock’. Unlike Hume, the Second Philosopher wouldn't despair, wouldn't fear that all her beliefs are unreasonable; rather she would conclude that there is some hitch somewhere in her methods and turn to re-examining and revising them. (Hume might have done well to turn a more careful look at some of his presuppositions about the nature of perception.)
Carnap's rational reconstruction
Authors: Maddy Penelope
Published: January 2009

Like Kant, Carnap holds that many traditional philosophical controversies are actually ill-posed pseudo-problems. In Carnap's eyes, for example, there's no fact about which the skeptic and the non-sceptic are disagreeing. The only real question in the vicinity concerns the best kind of linguistic framework to adopt — in particular, whether or not to adopt evidential rules strong enough to allow the existence of physical objects to be confirmed — and this is a matter of conventional, pragmatic choice, not of truth or falsity. When the Second Philosopher insists she has good evidence for the existence of ordinary objects, and even of unobservable atoms, Carnap's response echoes Kant's: for her purposes, operating inside the linguistic framework of science, she's quite right, but there is another inquiry, the Logic of Science, where other concerns (ending the pseudo-debate between the sceptic and his opponent or the scientific realist and his opponent) are addressed by other methods (rational reconstruction). Like Kant, Carnap sees two distinct levels of inquiry, the Second Philosopher only one.
What's left to do?
Authors: Maddy Penelope
Published: January 2009

Opponents of a ‘scientistic’ approach as austere as Second Philosophy often imagine that philosophy just becomes science, that there's nothing left for the philosopher to do. The book as a whole aims to demonstrate that this isn't true, that questions traditionally regarded a philosophical can be effectively addressed from a second-philosophical perspective. This chapter points out the heuristic value of training in the historical and contemporary practice of philosophy, and introduces the topic of word-world connections to trace second-philosophical and un-second-philosophical themes in the current debate between correspondence and disquotational theories of truth.
Minimalism
Authors: Maddy Penelope
Published: January 2009

Wright's minimalism about truth is a version of or a descendent of disquotationalism. According to minimalism, a discourse is truth-apt if it has a certain syntactic flexibility and agreed upon standards of proper and improper use. Here the surface syntax is to be trusted implicitly: what looks and acts like a conditional is one; what looks and acts like an existence claim is one. In sum, then, any discourse with suitable syntax and discipline has a legitimate truth predicate, and any statement satisfying its standards of proper use is true. Of course the Second Philosopher holds that truth and existence aren't matters of syntax and discipline, that these aren't determined from the discourse down but from the world up. This chapter draws a sharp division between minimalism and the Second Philosopher's disquotationalism.
Naturalistic options
Authors: Maddy Penelope
Published: January 2009

Here the book turns to doing, rather than describing, Second Philosophy. In preparation for the philosophy of mathematics in Part IV, Part III takes up the question of the nature of logical truth. In this chapter, several naturalistic possibilities are surveyed and critiqued: psychologism, empiricism, conventionalism and analyticity. This sets the stage for a distinctive second-philosophical account.
The logical structure of the world
Authors: Maddy Penelope
Published: January 2009

This chapter argues that ordinary physical objects stand in relations, with ground-consequent dependencies, and that these objects and relations admit of vague boundaries — all as in an abstract KF-structure. However, given our best understanding of quantum mechanics, the world in the small doesn't consist of spatiotemporal objects of the usual sort, and even the bare notion of an individual object is problematic; similar troubles arise for properties and relations and ground-consequent dependencies. Thus, the Second Philosopher fine-tunes the first component of her account to read: a rudimentary logic is true of the world insofar as it is a KF-world, and in many but not all respects, it is.
Introduction
Authors: Hudson Hud
Published: January 2009

This introductory chapter contains a number of stage-setting discussions, offering an analysis of the term ‘material object’. It also introduces the book's background metaphysics by identifying and taking sides on substantivalist disputes, on occupation and location relations, on principles of composition and decomposition, on the nature of material simples and material atomless gunk, on theories of persistence for material objects, on eternalism, on modality and recombination principles, on vagueness, on bruteness, and on the epistemic role of intuitions.
8 Hyperspace and Christianity
Authors: Hudson Hud
Published: January 2009

Frequently, Christian doctrines and themes come under fire from some alleged incompatibility between their content and something called ‘our modern worldview’. This chapter takes issue with a number of such critiques not by contesting our modern worldview or by claiming it unfit to generate verdicts of that kind, but by challenging the relevant incompatibility claims. Amusing and interesting results are to be had for such topics as heaven and hell, the Garden of Eden, angels and demons, and a variety of New Testament miracles.
Minority Rights in Asia
Authors: Castellino Joshua , Domínguez Redondo Elvira
Published: January 2009

This book analyzes the minority rights legal regimes in India, China, Malaysia, and Singapore, and places the discussion in the context of a wider debate on human rights in Asia. It takes a multi-disciplinary approach, including comparative constitutional analysis, international relations, and social and cultural anthropology. The book contains detailed case studies, which are supported by critical commentary. India and China, the world's most populous states, face similar problems vis-à-vis minorities, yet tackle these using starkly different techniques. Malaysia and Singapore, vocal in their articulation of ‘Asian Values’, have taken opposing stances over minority rights. Malaysia has sought to establish Malay hegemony using minority rights tools in favour of the majority, while Singapore deliberately adopted a doctrine of meritocracy, nonetheless emphasising ethnic fault-lines within its population. Together the four states reflect not only the complex layers of culture and identity within Asian states, but also the vastly different political systems and contrasting conceptions of the role of law in the continent. Through its examination of minority rights theory and its application in specific cases, this book provides a useful comparative model for the assessment of other states within Asia, thereby taking an important first step towards understanding the situation of minorities within the entire continent.
Minority Rights in Malaysia
Authors: Castellino Joshua , Redondo Elvira Domínguez
Published: January 2009

This chapter examines minority rights in Malaysia. It begins with a brief narration of Malaysian history. The second section identifies the minorities, drawing on historical and sociological accounts. The third section offers an analysis of the existing laws and their effect on minority communities in the country. The final section analyzes the remedies available for challenges to minority rights violations.
Bar Wars
Authors: Hadfield Phil
Published: January 2009

In Britain today, if you are in the business of fighting crime, then you have to be in the business of dealing with alcohol. ‘Binge drinking’ culture is intrinsic to urban leisure and has come to pose a key threat to public order. Unsurprisingly, a struggle is occurring. Pub and club companies, local authorities, central government, the police, the judiciary, local residents, drug and alcohol campaign groups, and revellers all hold competing notions of social order in the night-time city and the appropriate uses and meanings of its public and private spaces. Bar Wars explores how official discourses of ‘partnership’ and ‘self-regulation’ belie the extent of fierce adversarial contestation between and within these groups. Located within a long tradition of urban ethnography, the book offers unique and hard-hitting analyses of social control in bars and clubs, courtroom battles between local communities and the drinks industry, and street-level policing. These issues go to the heart of contemporary debates concerning urban civility, alcohol and drugs policies, and the impacts of and justifications for new police powers introduced as part of the Licensing Act 2003 and Violent Crime Reduction Act 2006. The author's experiences as a disc jockey and as an expert witness to the licensing courts provide a unique perspective, setting his work apart from other academic commentators. Bar Wars takes the study of the ‘night-time economy’ to a new level of sophistication, making it essential reading for all those wishing to understand the policing and regulation of contemporary British cities.
‘Couldn't Give a XXXX for Last Orders?’: The Politics of the Night
Authors: Hadfield Phil
Published: January 2009

This chapter describes the genesis of the book, its theoretical and methodological framework and the social, political, and economic context in which it was written. In particular, it charts the hotly debated and contentious development of the Licensing Act 2003, the most important legislation in British alcohol policy for 40 years. The chapter shows how alcohol-related disorder became a staple of mass media attention in Britain, whilst central government continued in its struggle to bound public debate within the parameters of its light-touch ‘drinks industry-friendly’ intentions for the Act. A chronology of key events in the Act's development is provided and analysed with reference to the international research literature on nightlife-related crime and disorder.