bluuebunny/crossref_metadata_2025 huggingface dataset:
Feasibility
Authors: Nedelsky Jennifer , Malleson Tom
Published: April 2023

Is it feasible to have an entire economy based on part-time work? Is it affordable for individual workers and for society as a whole? Could such an economy generate sufficient resources for the kind of economic security that we all require? The aim of this chapter is to address these fundamental questions by analyzing the economic institutions that would be needed to sustain and underlie a society committed to Part-Time for All. The central argument is that an economy which provides options for secure, flexible, quality, part-time work for all is indeed economically viable. Although such a society would be profoundly different from the current reality, at least in North America, it is not at all utopian. Part-Time for All is compatible with modern, complex, capitalist economies; it can survive globalization, and it can flourish in the twenty-first century.
Introduction
Authors: Strawser Bradley Jay
Published: April 2023

Most people believe that killing someone, while generally morally wrong, can in some cases be a permissible act. Most people similarly believe that war, while awful, can be justified. This book addresses both subjects as equal parts in a larger meditation on the ethics of harm and moral responsibility—whether in war collectively or in individual cases of self-defense—and whatever it is that lies in between the two. The book sets out by examining the moral justification for individual defensive killing and then tests its application to collective war as a natural outgrowth of the former. In seeking sincere answers to these morally vexing questions, it offers a novel theory of liability attribution based upon evidence-relative norms: we should only be held morally responsible for what we could possibly know is wrong based on the evidence before us. In developing this theory of liability as it applies to war, Bounds of Defense also gives a robust apologia of so-called “revisionist” just war theory and charts a neo-liberal basis for just war theory grounded on the value of individual autonomy along the way. The entire book is an earnest attempt to take individual rights and responsibilities seriously in our thinking over killing and the horrors of war.
The Evidence-Relative View of Liability Attribution
Authors: Strawser Bradley Jay
Published: April 2023

In this chapter, I offer my evidence-relative account of how we should understand the responsibility criterion for liability attribution of defensive harm. Among rights-based accounts that hold responsibility as necessary for liability attribution, there is a range of options for how to best understand that responsibility. Using the tri-part conceptual framing of belief-relative, evidence-relative, and fact-relative, I argue that liability attribution only holds when the agent in question is in violation of their evidence-relative norms for the unjust threat of harm to be averted by defensive force. This is not a simple culpability account, but respects the agency of the actors trapped in many of these dilemmas, including the epistemic contexts and standings they have in relation to their beliefs. This view, if correct, has a litany of significant implications for how we understand justified defensive harm at both the individual level and the collective use of force.
The Evidence-Relative View and Intricate Symmetries
Authors: Strawser Bradley Jay
Published: April 2023

In the previous chapter, I made the case for the Evidence-Relative View of liability attribution—that one must be in violation of their evidence-relative norms, not merely their fact-relative norms, to be properly responsible for liability to obtain. In this chapter, I explore the many implications of this view and the intricate ways in which agents in defense harm cases are relationally situated, and why it matters. The further complications of the view examined in this chapter include risk imposition, applying evidentiary questions to classic cases, and the complex matters surrounding third-party defensive intervention. The key answers to these questions involve the application of Moral Epistemic Contextualism combined with a proper understanding of failing one’s epistemic due diligence to attend to the evidence we have before us.
A New Proposal for Liability in War
Authors: Strawser Bradley Jay
Published: April 2023

After defending revisionist just war theory in the previous chapter, I now turn to show how the evidence-relative account of liability attribution not only coheres with revisionism, but further advances the view. I do this by contending with the powerful real-world objection that holds we can never actually apply a revisionist approach in real combat. I argue that we could do so, not only in theory but in partial practice, by modifying the rules of engagement in such a way to create a degreed-tier system of combatant and noncombatant status in war. This status would be based on the agent’s reasonably perceived liability, rather than mere threat of harm or status as a member of a military, or not. I propose that such an approach, while incredibly difficult, would be possible, and explore some contemporary cases to demonstrate this. In particular, I show how the 2022 Russian invasion of Ukraine presents stark examples of this approach’s moral strengths.
Towards a New Liberal Theory of Just War
Authors: Strawser Bradley Jay
Published: April 2023

In chapter 6, we set out the puzzle of benevolent conditional aggression. In this chapter, I resolve the puzzle and defend the Defense Intuition—which holds that an aggressed-upon state can still justifiably engage in collective defense, even when the aggression is benevolent and conditional. I do so by relying on the liberal value of individual autonomy, and the ways in which individual autonomies can combine to form necessary group projects and options. In some cases, these arrangements can result in the value of the group projects being worthy enough to the autonomy of the individuals that lethal defense is warranted, even against acts that would putatively help them. This is due to the very nature of autonomy as something to be respected, not maximized. The resulting theory paints a picture of how a neo-liberal just war theory could be built not upon collective rights, but individual rights. The contemporary example of the 2022 Russian war in Ukraine is given to demonstrate.
The Chemistry and Flavor of Artisanal Honey
Authors: Uhl, Katie , Mitchell Alyson E. , Harris Amina
Published: April 2023

Artisanal honey usually originates from bees that forage on the nectar of one type of flower (monofloral honey), as opposed to the commercial product that comes from a variety of flowers and is mixed with other honeys. Monofloral honey gives distinctive flavors and aromas associated with the nectar source, and over 300 monofloral types are available in the United States. Studies on artisanal honey show levels of certain aroma-active volatile compounds that are present at lower concentrations in mass-produced honey. A focus in this chapter is on one artisanal producer who keeps their honey temperature low, unlike the large-scale product, to retain the naturally occurring pollen and enzymes. Every local honey is unique, and beekeepers often seek out specific forage areas to collect distinctive varietals for the product.
The Basal Ganglia
Authors: Uysal Suzan
Published: April 2023

The basal ganglia are a group of subcortical nuclei that primarily play a role in motor function, especially in governing the speed and spontaneity of movement. Basal ganglia pathology gives rise to movement disorders. The basal ganglia also play a role in non-motor functions, although in ways that are less understood. Persons with movement disorders due to basal ganglia pathology may have prominent cognitive and emotional disturbances, even at early stages of the disease. This chapter describes the anatomy of the basal ganglia, clinical syndromes resulting from basal ganglia pathology, and diseases prominently involving the basal ganglia, such as Parkinson’s disease and Huntington’s disease.
The Parietal Lobes and Associated Disorders
Authors: Uysal Suzan
Published: April 2023

The parietal lobes consist of two basic functional zones: an anterior zone of somatosensory cortex, and a posterior zone of association cortex that integrates somatosensory information with visual and auditory information. Lesions to the anterior zone or its connections (including the input pathways) result in a variety of somatosensory disorders. Lesions to the posterior zone result in a wide array of deficits that can be classified as disorders of spatial cognition and disorders of spatial attention. This chapter describes the anatomy of the parietal lobe and disorders associated with parietal lobe lesions, including cortical somatosensory processing disorders, body schema disorders, unilateral spatial neglect, simultanagnosia, Bálint’s syndrome, left angular gyrus syndrome, anosognosia, and posterior cortical atrophy.
Disorders of Consciousness
Authors: Uysal Suzan
Published: April 2023

Consciousness may be defined as a neurological state in which one is fully awake and aware of self and environment and has normal responses to external stimulation and inner needs. Unconsciousness is the opposite; it is a neurological state of overtly diminished responsiveness to environmental stimuli and unawareness of self and environment. Consciousness has two basic dimensions: wakefulness and awareness. Awareness requires wakefulness; however, wakefulness does not require awareness, as one can be awake but unaware. Level of consciousness exists on a continuum, from full consciousness in which the individual is awake and aware, to coma in which the individual is neither awake nor aware and is in a state of unarousable unresponsiveness. This chapter describes the disorders of consciousness, namely coma, vegetative state, minimally conscious state, and delirium, as well as the coma-like states of locked-in-syndrome and brain death.
Aim, Scope, Limits, and Main Thesis
Authors: Beall Jc
Published: April 2023

This chapter sets out the principal aim of the book (viz., to address the ‘logical’ problem of the trinity); it sets out the scope of the discussion; it sets out limits of the discussion; and it conveys the main thesis. Four constraints on the project are explicitly discussed: contradictions of Christ theology as a logical truth- seeking endeavour the Athanasian Creed and robust monotheism. All of these are explained in user-friendly terms in the chapter.
Trinitarian Identity
Authors: Beall Jc
Published: April 2023

In this chapter, Beall’s proposed account for solving the target trinitarian problem(s) – the ‘logical’ problem and the related 3-1-ness problem – is unveiled in meticulous detail. Specifically, this chapter does three things. First, it gives a general and mostly standard framework for defining identity relations. Second, it responds to the principle ‘logical’ problem of trinitarian reality by clearly defining the target trinitarian-identity relation. Lastly, it responds to the related 3-1-ness problem by making explicit at least one core part of the counting convention governing trinitarian identity. Along the way, Beall explicitly articulates fundamental trinitarian entailments that underwrite trinitarian theory and accompany the central trinitarian identity relation.
Towards Future Contradictory Theology
Authors: Beall Jc
Published: April 2023

In this final chapter, Beall charts a course for the future of glut-theoretic (and gap-theoretic) approaches to longstanding problems within the fields of analytic theology and philosophy of religion. While Beall remains neutral with regard to the various proposals surveyed, he does provide a broad (and helpful) framework for addressing many of the central issues plaguing these fields. Beall also highlights a number of the positives and negatives associated with would-be contradictory solutions already on offer in the literature (including the infamous problem of evil and the foreknowledge and freedom dilemma). Other issues relating to God’s love, creation, and divine transcendence are briefly discussed as well.
Introduction
Authors: Logie Robert H. , Wen Zhisheng (Edward) , Gathercole Susan E. , Cowan Nelson , Engle Randall W.
Published: April 2023

Memory is essential for everyday life. The understanding and study of memory has continued to grow over the years, thanks to well controlled laboratory studies and theory development. However, major challenges arise when attempting to apply theories of memory function to practical problems in society. A theory might be robust in explaining experimental data but fail to capture all that is important when taken out of the lab. The good news is that the application of memory in science to challenges in society is rapidly expanding. In Memory in Science for Society leading international researchers share their passion for combining memory in science with applications of that science to a wide range of challenges in society. Chapters demonstrate how that scientific passion has addressed challenges in education, life attainment, second language learning, remembering life events and faces of strangers, future planning and decision making, lifespan cognitive development and age-related cognitive decline, following instructions, and assessment and rehabilitation of cognitive impairment following brain damage.
Neuropsychology of working memory
Authors: Cubelli Roberto , Logie Robert H. , Della Sala Sergio
Published: April 2023

Cognitive neuropsychology uses models of cognitive processes to account for the observed patterns of spared and impaired abilities in brain-damaged individuals. In turn, this exercise supports the testing and refinement of theoretical models of human cognition. For the development of such models, the patterns of performance presented by single neuropsychological patients can be as informative as are patterns of performance from studies of cognition in healthy participants. Any conceptual, theoretical model of cognition ought to include explicit and testable predictions as to which pathological profile is expected should a component of the model be impaired. This chapter focuses on the example set of cognitive functions referred to collectively as working memory, and discusses how cognitive neuropsychology has played, and continues to play, a crucial role in the development of the multiple component model of working memory. This model, in turn, has led to significant insights into the specific nature of impairments in working memory following brain damage, as well as new, and theoretically robust forms of neuropsychological cognitive assessment. The authors argue that it is important for cognitive theorists to recognize the heuristic value of neuropsychological observations for theory development, particularly if those observations cannot readily be explained within a given theoretical framework that has been based on studies of healthy individuals. Knowledge and theoretical understanding can advance through responding to challenges as well as confirmation from observed data, and data from studies of brain-damaged individuals can offer an avenue for such advancement. To be fruitful, the relationship between theory and practice has to be reciprocal: from theory to clinical observations and from clinical observations to theory.
Language
Authors: Nievergelt Marco
Published: April 2023

This chapter examines the overarching didactic objectives of Deguileville’s Pèlerinage de Vie Humaine (two versions, 1331/1355), with particular attention to the poem’s interest in the relations between of language, signification, knowledge, truth, and salvation. The central claim of this chapter is that the Pèlerinage de Vie Humaine ought to be read as a poem exposing the principles of correct textual interpretation as the author understood them, as part of a wider attempt to develop a salvific allegorical poetics. The chapter begins by examining Deguileville’s ambivalent and unresolved attitude to his poem’s main source of inspiration, the Roman de la Rose: while the Rose is invoked as a literary model, Deguileville rewrites an allegory of erotic desire as a quest for spiritual truth, imitating the formal, stylistic, and representational strategies of the earlier poem while also condemning it for its subversive, slippery, and ultimately ‘carnal’ allegorical poetics. The chapter then identifies the thought of Augustine, especially in the De doctrina christiana, as a central touchstone for the semiotics, hermeneutics, and epistemology of Deguileville’s own allegorical poetics. The chapter finally examines Deguileville’s twofold engagement with more recent discussions of linguistic signs as found in scholastic treatises of logic and semantics, on the one hand, and with the rise of logic within Universities during the thirteenth century on the other. Here too Deguileville’s attitude is deeply ambivalent, as he simultaneously critiques the frivolousness of academic intellectual pursuits while attempting to appropriate contemporary scholastic learning to foster the salvific objectives of his own poem.
Experience
Authors: Nievergelt Marco
Published: April 2023

This chapter argues that Deguileville finally registers and confronts the epistemological contradictions that crystallize in his poem, and does so by staging a series of crises experienced by its first-person dreamer/protagonist/narrator figure. The pilgrim first undergoes a deeply transformative experience of conversion at the Rock of Penitence, closely associated with the gift of the famous ABC prayer handed to him by Grace Dieu, personification of divine grace. The two experiences—prayer and conversion—finally enable a more fundamental reconfiguration of the poem’s underlying values and assumptions. The crisis of the pilgrim thus also denotes an authorial crisis, signalling Deguileville’s turn away from didactic allegory towards a new type of mystical and contemplative poetry, which finds its fullest expression in his late Latin corpus of poetry (1355–60?). In parallel, however, Deguileville also becomes engaged in the effort to recuperate and redefine his original poetic project as crystallized in the first Pèlerinage de Vie Humaine (1331), releasing a revised version of the latter (1355), followed by two further pilgrimage poems, the Pèlerinage de l’Âme (1356) and the Pèlerinage de Jesuscrist (1358), as well as an earlier reflection on the semantics of allegorical signification (Le Dit de la fleur de lis, 1338). The remainder of the chapter proposes a new analysis of the trajectory of Deguileville’s entire poetic career, reconsidering the divergent and conflicting aspirations of his different poems within the larger oeuvre, and proposing an analysis of the evolving nature of Deguileville’s poetic vision over time.
Introduction
Authors: Nadathur Prerna
Published: April 2023

This chapter introduces the ability/actuality ‘ambiguity’ for English be able, and the problem of actuality entailments from perfectively-marked ability modals in aspect marking languages (Greek, Hindi, French). It situates the problem as one of linguistic interpretation, rather than metaphysics, and establishes three framing questions which will guide the investigation in the remainder of the book. This chapter also introduces the element of causal meaning, situates the use of causal models with respect to the linguistic literature on causation, and offers an overview of the full narrative and argument structure of the book.
The semantics ofenoughandtooconstructions
Authors: Nadathur Prerna
Published: April 2023

This chapter introduces a basic necessity-driven semantics for enough/too predicates as modalized degree comparatives, and shows that this analysis predicts the inferential profile of epistemic, deontic, and circumstantial enough/too constructions with static matrix adjectives. It discusses the outstanding case of circumstantial enough/too constructions with dynamic adjectives, and argues that the basic semantics in these cases supports an additional presupposition of causal sufficiency between a manifestation of the matrix property and the realisation of the enough/too complement. The chapter discusses a method for integrating causal dependence relations into the standard premise semantics framework, and examines the consequences of this for the interpretation of dynamic circumstantial enough constructions; the chapter concludes by suggesting that implicative behaviour is predicted just in case a core (latent) capacity attribution is interpreted instead as an instantiation or manifestation of the dynamic property.
Ability, actuality, and implicativity
Authors: Nadathur Prerna
Published: April 2023

This chapter brings the implicative approach to actuality inferences to bear on the original problem of ability ascriptions (selective) actualisation. It argues for an implicative approach to the structure of ability ascriptions, suggesting that ability ascriptions stand in the same relationship to (lexically-specific) dynamic enough predicates as implicative manage has with respect to lexically-specific implicative verbs. The chapter examines the consequences of a causal implicative structure for ability for its interpretation under grammatical aspects and negation, and evaluates the implicative approach with respect to a number of outstanding questions about ability. It concludes by suggesting a number of avenues for continued investigation, including an extension of the analysis to teleological and goal-oriented constructions, a route to integration with the premise semantics approach to ability, and a number of questions in the linguistic representation of causers and (intentional) agents.
Structural Injustice and Workers' Rights
Authors: Mantouvalou Virginia
Published: April 2023

When discussing exploitation in the workplace, governments typically deploy a rhetoric of personal responsibility. They place attention on employers who take advantage of workers, or on workers who choose non-standard, precarious work arrangements. On this account, the responsibility of the state is to address the harm inflicted by private actors. This book questions the heavy focus on individual responsibility for precarious work and develops the concept of ‘state-mediated structural injustice at work’. We observe this when legislation with an appearance of legitimacy has effects that are very damaging for large numbers of people, constituting a major cause of structures of exploitation at work. The book uses a series of examples, such as migrant workers, captive workers, people under welfare conditionality schemes, and other precarious workers, to show how the law creates structures of injustice, making exploitation long-term, standard, and routine. It also assesses these examples against human rights principles—both civil and political and economic and social rights. The aim of the book is to show that both the overall structures and parts of those structures routinely lead to workers’ exploitation that may give rise to state responsibility for human rights violations, and that there is a pressing need for reform.
Migrant Workers
Authors: Mantouvalou Virginia
Published: April 2023

Migrant workers may be in a position of disadvantage for several reasons, such as race, gender, language barriers, lack of support networks, and ignorance of their legal rights and avenues to asserting them in the host country. In addition to these factors, restrictive migration schemes increase existing vulnerabilities, and are connected to widespread structures of exploitation at work and to some of its most severe instances. This chapter discusses restrictions faced by migrant workers, including visas that tie them to a specific employer or work sector. Moreover, the legal status of being undocumented, also constructed by immigration laws that limit entry, stay, and the right to work, further creates precarious work, as the chapter explains. Rules that are widely viewed as a legitimate exercise of state authority create structures of exploitation of migrant workers, affecting primarily those in low-paid sectors, such as domestic work or agricultural work, on which this chapter focuses.
Human Rights I
Authors: Mantouvalou Virginia
Published: April 2023

On the basis of the previous chapters, the state has political responsibility for legal rules that are connected to structures of exploitation, but this is not only forward-looking responsibility of the kind that Iris Marion Young envisaged, but also backward-looking: it is due to the fact that the law increases and compounds vulnerability. Against this background, this chapter argues that state authorities may also have legal responsibility to change some of these state-mediated structures of injustice when they are in breach of workers’ rights as protected in human rights law. The chapter first addresses some preliminary issues in relation to the role of human rights law in state-mediated structures of injustice, including issues involving the role of the state and other agents. It then turns to the examples of migrant workers and captive workers in order to identify legal rules affecting them that may be incompatible with states’ human rights obligations. It discusses rights such as the prohibition of forced labour, the prohibition of discrimination, the right to private life, the right to health and safety, and the right to property. These are found in legal documents such as the European Convention on Human Rights (ECHR), the European Social Charter, and treaties and other materials of the International Labour Organization (ILO).
Epilogue
Authors: Mantouvalou Virginia
Published: April 2023

This concluding chapter returns to the key topics and themes of the book. It summarises and brings together the different threads of the argument in relation to the effect of legal rules with an appearance of legitimacy that compound disadvantage, creating state-mediated structures of injustice. It also discusses the role of human rights law in challenging these rules that interfere with workers’ rights. Finally, it raises some fresh questions for future research.
Precedent
Authors: Alexander Larry
Published: April 2023

This chapter describes the difference between vertical and horizontal precedential constraint; distinguishes precedent from other doctrines of repose; sets forth the benefits of precedential constraint; describes and critiques three models of precedential constraint; describes how precedential constraint applies to constitutional and statutory interpretations; and concludes with a discussion of overruling precedents and the more general problem of legal transitions.
Supplanting Defeasible Rules
Authors: Levenbook Barbara Baum
Published: April 2023

This chapter demonstrates a problem—in rule (or content) individuation—for the defeasible rule model of precedent and suggests an alternative. The defeasible rule model was designed to account for distinguishing. However, a defeasible rule model cannot be combined with a satisfactory account of rule (or content) individuation and be explanatorily adequate—that is, fit precedential practice in legal systems. Precedential practice, including distinguishing, is better explained by an alternative based on the idea that partial groupings of sameness with a source case are contextually salient. There will be such salient partial groupings, even in the absence of a determined (though defeasible) rule set down by the source court.
The ‘Expiscation’ of Legal Principles
Authors: d’Almeida Luís Duarte
Published: April 2023

This chapter deals with one way in which courts are said to rely on precedent: they sometimes look at a string of previously decided cases and seek to ‘extract’ or ‘induce’ or ‘expiscate’—the language used to describe the move varies—a principle that underlies them. The standard view among legal theorists is that courts in such instances are drawing an inference that somehow relies on (a) the fact that those previous cases were authoritatively decided in a certain way to (b) a more general conclusion about a principle that ‘unites’ them. This chapter argues that the standard view is wrong. The ‘expiscatory’ move involves no distinctive inference from past cases to general principle; it does not amount to a specific way of relying on precedents as sources of content-independent practical reasons. But the chapter begins by introducing a theoretical framework that conceptualizes judicial decisions in terms of the relevant questions courts can be said to face, and by then clarifying the practices of both following precedent and extending it by analogy. Once we are clear about those two ways of relying on precedents as sources of content-independent practical reasons, the ‘expiscatory’ move becomes easier to understand—and to demystify.
Do Precedents Constrain Reasoning?
Authors: Sherwin Emily
Published: April 2023

Judicial decision-making is constrained by determinate, authoritative rules laid down in precedent cases. Other proposed forms of precedent-based decision-making, including analogical reasoning, reasoning from the facts and outcomes of prior cases, and reasoning from legal principles, do not effectively constrain current decision-making. In the absence of a determinate rule, judges must rely on ordinary reasoning about what outcome is best, given the facts at issue and the practical and moral aims of legal decision-making.
Should Courts Follow Mistaken Statutory Precedents?
Authors: Smith Dale
Published: April 2023

Sometimes, when a court interprets a statute, it makes a mistake, with the result that the court misidentifies the statute’s legal effect (i.e. the contribution the statute makes to the content of the law). Where the court is an appellate one, the following question arises: should later courts follow the earlier court’s mistaken interpretation of the statute or should they uphold the statute’s legal effect? This question can be understood as a question about what courts ought morally to do or as a question about what the law requires of them. In this chapter, I am interested in the latter way of understanding the question. The answer to that question may vary between legal systems, but I shall argue that, in the UK, later courts may be faced with conflicting legal duties in this situation. However, where this is so, the principle of parliamentary supremacy resolves the conflict by prioritizing the court’s duty to uphold the statute’s legal effect over the duty to follow the earlier court’s mistaken interpretation of the statute.
The Oracles of Codification
Authors: Jansen Nils
Published: April 2023

This chapter first reconstructs the transformations during the nineteenth and twentieth centuries, by which the codified legal systems of continental Europe were complemented with increasingly thick layers of case law. On this basis, it then analyses the nature of precedent in codified legal systems, in which only legislation is formally acknowledged as a source of law. For those analyses, an abstract notion of textual authority will be employed, according to which textual authority consists in social practices, where the legal profession accepts normative texts as ultimate bases of legal argument, without requiring further legal reasons to do so. Such a concept of authority will help to make visible informal elements of case law besides the formal sources of (strictly binding) legislation.
Predictability and Precedent
Authors: Nye Hillary
Published: April 2023

This chapter argues that there are situations in which there is no predictability reason for refraining from overturning a precedent. In particular, it focuses on situations in which the law is changed so as to expand the scope of legally compliant behaviour. The chapter examines the effects of such a change on the various parties, distinguishing cases where both parties know the law, where both parties are unaware of the law, and where one party knows the law and the other does not. It is argued that in all three situations, the predictability concern can safely be set aside. This enables us to look more clearly at the other values that might be at stake. The upshot of all of this is that we should pay attention to context. Predictability is hugely important, but it is not always at stake. Arguments about when a precedent should or should not be overturned must be sensitive to the presence or absence of predictability implications for legal subjects. If there are such implications, then of course they must be weighed in the balance. But we should be careful not to manufacture a predictability concern to be weighed against the reasons that favour change, if no such concern exists.
Gardner on Duties in Tort
Authors: Boonzaier Leo
Published: April 2023

Gardner often endorses the claim that tort liability is conditional upon a wrong (or, equivalently, a breach of duty) by the defendant. But it is not obvious why. According to the Razian account of duties that Gardner endorses, breaches of duty lack the features that other tort writers regard as so important: breaching a duty does not entail that one has behaved objectionably, all things considered; it does not entail that one has done something very serious morally. Hence the usual reasons for endorsing the claim would not avail, or appeal to, Gardner. Why did he endorse it? And was he right to? First, the chapter explains why these questions are worth asking. In the process, the chapter brings out some features of Gardner’s tort scholarship which make the answers non-obvious. Second, the chapter assesses Gardner’s argument for the claim that torts are wrongs and offers some criticisms of it. The chapter concludes that his argument is unsound but nevertheless illuminating.
Are There Any Moral Duties?
Authors: McBride Nicholas J
Published: April 2023

The idea that there are such things as moral duties was central to John Gardner’s thought about private law. This chapter suggests that we have reason to think that that idea is incorrect, and that the idea that there are such things as moral duties results from our thinking about morality in law-like terms (with the paradoxical result that we end up thinking that our private law duties are modeled on moral duties that we owe to each other because moral duties were conceived as being modeled on our private law duties). A better way of thinking about morality is commended in this chapter, as providing far more illumination on questions that Gardner pondered, such as the wrongness of rape and the tragedy of Sophie’s Choice.
Gardner on Justice
Authors: Cutts Tatiana
Published: April 2023

For Gardner, questions of justice arose in the context of competitive claims to some good, and were “distinctive in being allocative questions,” or questions about “who is to get how much of what and why.” According to Gardner, these questions arose uniquely at the remedial stage of a private law enquiry. I argue that Gardner was correct to emphasize that there is a “normative distance” to be traveled from the fact of failure to perform some original duty to the imposition of a remedial burden, but that we need not travel this distance via a distinct frame of theoretical reference concerned with interpersonal (re)allocation. To the contrary, the theory of justice as allocation can obscure considerations that are relevant to the questions of whether legal intervention is justifiable, and what form it should take.
Finishing the Reparative Job
Authors: Fabre Cécile
Published: April 2023

A duty to repair a wrong is typically owed by the wrongdoer to his victim. The literature on reparative justice focuses on the grounds for and limits to that duty. A no less interesting but neglected question, which Gardner addresses in From Personal Life to Private Law (OUP 2018) is that of what the victim owes the wrongdoer in connection with the latter’s reparative duties. More precisely put: is the victim under a duty to W to help him “finish the reparative job,” for example by (i) accepting reparative payments or apologies; (ii) using reparative payments to actually repair the wrong? Gardner gives the victim considerable latitude with respect to asking for and refusing remedial measures in the first instance, yet is reluctant to do so with respect to what the victim can do once the remedial measure, in payment cases, has been taken. Chapter 9 uses Gardner’s remarks as a springboard for an account of victims’ duties of that kind. In so doing, the chapter attends to differences between payments and apologies, but also to other steps which victims and third parties on behalf of victims might be under a duty to take as a means to contribute to the realization of reparative justice.
Commanding Contemporary and Future Land Operations
Authors: Nilsson Niklas
Published: April 2023

This chapter examines the concept of mission command in light of ongoing trends in the evolution of warfare and military operations. The chapter starts with a discussion of mission command respectively in terms of a culture or command philosophy, and as a set of methods and practices of command. It then discusses the role and future utility of mission command in light of developments in three broad areas of importance to the evolution of military command. These are, first, general trends in the current and future operational environment with implications for the command of land operations, with a focus on the US Army’s concept of multi-domain operations. The second area is the ever-increasing demands for information management, and the daunting challenge it poses for any military command system. The third is developments in information technology over the last decades and the more recent shift toward artificial intelligence and automation.
The Command of Land Forces
Authors: Storr Jim
Published: April 2023

Commanders agree unanimously that land force headquarters are too big and take too long to produce orders which are too long. But how, and why? This chapter considers the purpose of land force command systems, the products they generate, the processes they use, their structures, the systems they use and the people within them. Command systems are not primarily technical but socio-technical entities. They would be more effective, and so would the land forces they direct, if they were much smaller and operated much faster. This would require abandoning much explicit process and changing the way information systems are used. It would also require higher levels of training for fewer, carefully selected, staff officers; and removing most of the senior staff officers in headquarters. Critically it would require command post exercises to be genuinely free-play, two sided, and take place in real time.
Tactical Tenets
Authors: Friedman B. A. , Paulsson Henrik
Published: April 2023

Tactics, the art of arranging military forces to defeat an opposing force, is at the heart of the military experience. Still, the study of tactics as an art and science does not get as much attention as the study of strategy. Specific tactical procedures are often found in military doctrine, but tactics signifies a broader undertaking; it is the creative combination of tools and assets during combat. This chapter provides an overview of structured thinking about tactics, or tactical theory, throughout history. It gives special attention to the principles of war, or tactical tenets. These are: mass, manoeuvre, firepower, tempo, surprise, shock, confusion, and moral cohesion. This basic understanding of tactics allows for an informed consideration of the key but often forgotten fact that tactics should always support strategic goals or the ultimate ends of warfare. It also allows for analysis of military actors through the identification of preferred tactical tenets.
The Moral Component of Fighting
Authors: Sandman Tua
Published: April 2023

The chapter critically engages with the literature on combat motivation, morale, and cohesion; it contends that historical and contemporary scholarly debates on why soldiers fight have largely overlooked and diminished the role of society and socio-political discourses, whilst keeping an unnecessarily narrow focus on the here and now of combat. Inspired by critical war studies and the cultural study of war, the chapter encourages students, scholars, and practitioners to consider and problematize the home/front relationship and its practical implications for military operations. It accentuates that the will to fight is constantly in the making, inherently unstable, and always already socially and historically situated; fundamentally, the will to fight is contingent on (shifting) notions of legitimacy in society at large, whereas public discourse in turn is shaped by the experience of combat and its representations. Thus, interlinkages between society’s and soldiers’ construction of meaning are worth uncovering and theorizing further.
Military Health Services Supporting the Land Component in the Twenty-first Century
Authors: Bricknell Martin C. M.
Published: April 2023

This chapter examines the dual tasks of a military health service (MHS): to enable military personnel to be a ‘medically ready force’, and to provide a ‘ready medical force’ that supports armed forces during combat and other operations. Armies have the largest number of personnel exposed to risk, suffer the highest number of casualties, and have the largest medical services. Military medicine was transformed during the combat operations in Iraq and Afghanistan resulting in the highest probability of survival for military casualties in history. The future land battlefield may cause high casualty rates and unfamiliar threats to field medical services. The concepts of prolonged field care and prolonged hospital care describe the new approaches that will be necessary if medical planning guidelines cannot be met. Advances in medical information technology, additive printing, and autonomous vehicles may also enhance medical care on the future battlefield.
People’s Liberation Army Operations and Tactics in the Land Domain
Authors: Marvel Brad
Published: April 2023

This chapter discusses the operational approach employed by the People’s Liberation Army Army (PLAA) in modern ground combat. Part one begins with a discussion of how the modern PLAA was envisioned and constructed, along with how the modern force fits into China’s grand strategy. This section also discusses the PLAA’s modern force structure. Part two delves deeper into the PLAA’s operational construct, discussing concepts such as system warfare and multi-domain operations. It provides an overview of how the PLAA intends to fight in varied domains, and explains how the ancient Chinese concept of the stratagem helps to shape the PLAA’s views of modern combat. Finally, the many varied lessons learned and challenges facing the PLAA are discussed in detail.
The Role of Israel’s Ground Forces in Israel’s Wars
Authors: Hecht Eado , Shamir Eitan
Published: April 2023

Since its declaration of independence, Israel has experienced constant low-intensity warfare punctuated by brief periods of medium to high-intensity warfare. Politically and strategically, these variations in the intensity of fighting are connected and the results of one have often led directly to the other. Israeli ground forces have borne the brunt of this fighting. This chapter provides a synopsis of the evolution of those forces, from Israel’s war for independence until today. The chapter includes five sections, of which the first three provide a background on the origins of the Israeli ground forces, Israel’s threat perceptions, and the role of the ground forces in its strategy for dealing with those threats. The core of the chapter will trace the changing doctrines and organization as they were adapted to the acquisition of new capabilities, lessons derived from combat, and the changing political and strategic situation within which they fought.
Tactics and Trade-Offs
Authors: Neads Alex , Galbreath David J.
Published: April 2023

Today, the dominant paradigms of land warfare in the United Kingdom stand at a crossroads. For decades, the British Army’s vision of manoeuvre has sought to balance US concepts of digital transformation with more limited UK financial resources. Now, this old paradox presents new challenges for the British Army as it attempts to rejuvenate its warfighting capabilities in a fashion fit for the future. Here, the collective obsolescence of most of the British Army’s major conventional platforms—from main battle tanks and infantry fighting vehicles to artillery systems and communication suites—simultaneously represents both a rare opportunity and an unparalleled risk. This chapter examines the continuing evolution of UK doctrine through professional debates over concepts and capabilities. It concludes that British military manoeuvre ultimately remains the product of uncomfortable trade-offs between conceptual innovation and strategic ambition on the one hand, and material reality and budgetary constraints on the other.
Trends in the Land Warfare Capability of Poland and the Visegrád States, 1991–2021
Authors: Boston Scott
Published: April 2023

This chapter outlines the changes in the military forces of Poland, the Czech Republic, Hungary, and Slovakia over three decades following the end of the Cold War. In transitioning from Warsaw Pact to NATO member states, each of these countries dramatically resized their military forces, abandoning their previously highly centralized mass mobilization force designs and embarking on programmes of transition and modernization. The chapter compares some aspects of NATO and Warsaw Pact force design and land warfare concepts, particularly in the integration of combined-arms and command and control. It concludes with a discussion of the implications of the return of large-scale land conflict for these former Warsaw Pact and now NATO member military forces.
Introduction
Authors: McCulloch Margery Palmer
Published: April 2023

An introductory outline of the place of the Muirs as leading figures in the twentieth-century Scottish literary renaissance, and their contribution to and engagement with European letters. An account of the family backgrounds of Edwin and Willa Muir before they met. Willa Anderson, daughter of a draper in Montrose, is a brilliant Classics graduate at St Andrews. Edwin’s family move from rural Orkney to industrial Glasgow and within two years his father, two brothers, and his mother have died. Unfit for military service, with no formal education, young Edwin has to educate himself and make a living in the city as a clerk on his own.
Coming Together 1918–1921
Authors: McCulloch Margery Palmer
Published: April 2023

1918–1921. Edwin’s early work as critic and reviewer for The New Age. The essays in We Moderns by ‘Edward Moore’. His interest in Nietzsche and socialism. Edwin and Willa meet in Glasgow. Courtship and marriage. The move to London. Friends and literary contacts. Edwin’s literary ambitions are greatly encouraged by Hugh Kingsmill and especially by John Holms, who will become one of his closest friends.
Elbflorenz 1922–1923
Authors: McCulloch Margery Palmer
Published: April 2023

1922–1923. The Muirs move to Dresden, known as Florence on the Elbe, and love the relaxed culture of the city. Edwin writes for The Freeman. They meet radical educationalist A. S. Neill, who offers Willa employment as a teacher at his International School in Hellerau, a small village outside Dresden. Here Neill’s new ideas on education, with students from all over Europe, could be linked to the school’s former role as a centre for Dalcrozian Eurythmics. Edwin meets Iwar von Lücken, who develops his interest in German poetry and introduces him to the work of Friedrich Hölderlin and Hugo von Hofmannsthal. The Muirs meet again with John Holms, who has found it difficult to settle down after the war, and is travelling in Europe. He will meet up with the Muirs more than once in the years to come.