bluuebunny/crossref_metadata_2025 huggingface dataset:
The Origins of Japan's Fiscal Crisis
Authors: Wright Maurice
Published: October 2011

This chapter traces the origins of Japan's fiscal crisis that emerged in the mid-1970s, and describes the symptoms and characteristics that persisted for the rest of the 20th century. The fiscal problems confronting the Ministry of Finance during that period include fast-rising expenditure, inadequate revenue growth, burgeoning fiscal deficits, heavy and continuous government borrowing, and accumulating debt. As the costs of servicing that debt absorbed an increasing proportion of total spending, the amount available to finance both mandatory and discretionary expenditures, themselves subjected to the pressure of the new ‘welfare politics’ inaugurated in 1973, was progressively squeezed. To those difficulties were added the imminent prospect of an increasing ratio of the elderly to the working population, imposing an additional burden of costs for expanded and new social security, pensions, health, and welfare programmes; and fewer wage-earners and tax-payers to generate additional revenues.
The Politico-Economic Context
Authors: Wright Maurice
Published: October 2011

This chapter provides a general overview of the evolution of Japan's political economy and signals some of the main changes from the emergence of the fiscal crisis in fiscal year 1975 to the beginning of the new millennium. It examines the formal and informal budget institutions, the processes and policies with which the Ministry of Finance and successive Liberal Democratic Party (LDP) governments responded to that crisis, and the conditions of continuing fiscal stress in the following two decades. It begins with the broad outline of the main economic trends: in summary, a period that began with the recognition of fiscal crisis, followed by years of proclaimed fiscal austerity in the early 1980s. The main trends in the political system are also discussed, focusing particularly on the role and significance of the LDP, along with the interdependence of the economy and the polity.
Cuts and Squeezes in the Bureaucracy
Authors: Wright Maurice
Published: October 2011

Japan's public sector is comprised of four broad organizational categories of central government officials. The first category (non-industrial) comprises the staffs of ministries, agencies, and commissions, as well as teachers, doctors, nurses, and related educational and medical staff employed in national schools, colleges and universities, and hospitals and medical establishments. The second category (industrial) comprises the staff of four (previously five) government enterprises, each supervised within the jurisdiction of a ministry. This chapter examines the extent to which policies of fiscal reconstruction in the 1980s resulted in cuts and squeezes to the number and distribution of officials in the Spending Ministries and Agencies, compared with those employed in other parts of the central government—the staffs of national hospitals, schools, and government enterprises. It also looks at the distribution of those cuts among the Spending Ministries and Agencies to determine which of them gained or lost, and to test the familiar proposition that policies were implemented ‘evenhandedly’, to maintain ‘balance’, and to avoid competition and conflict.
Japan's Fiscal Performance in an International Context
Authors: Wright Maurice
Published: October 2011

This chapter examines public sector spending in Japan in the broader context of those of other G7 countries, and assesses the effectiveness of the Ministry of Finance's policies to reconstruct the finances of central government compared with the performance of other central and federal governments. It is worth nothing that, despite all the economic and fiscal vicissitudes of the 1990s, Japan's economy remained the second largest in the world, and cumulative growth in real terms compared very favourably with that of the other G7 countries from 1989 to 1996; only Germany out-performed it. However, the slowdown in the Japanese economy after 1991 allowed first the United States and then all but Italy to catch up, and by 1998 to overtake it. General government expenditure, deficits, and debts in G7 countries are discussed, along with Japan's fiscal performance relative to that of G7 countries and the failure of fiscal reconstruction in G7 countries in the 1980s.
Coping with Fiscal Stress
Authors: Wright Maurice
Published: October 2011

Japan's main budget exhibited three symptoms of fiscal stress from 1975 through to 2000. First, a recurring deficit, persisting throughout the business cycle, that is, including years of both economic growth and decline. Second, an increasing level of outstanding debt. Third, rising costs of servicing that debt, pre-empting an increasing share of the total budget, and squeezing the amount of mandatory and discretionary programme expenditures. Those symptoms of acute fiscal stress first appeared in 1974–5, when the Ministry of Finance was forced to borrow to cover the costs of fast rising current expenditure in the ‘welfare era’ inaugurated in fiscal year 1973, and the slowdown in the economy following the first oil crisis. In 1965, the budget became unbalanced for the first time since the end of the Allied Occupation. It remained so for the rest of the century. The growth of central government expenditure and falling tax revenues were the main causes of the deterioration in the national finances in the last quarter of the 20th century.
13 Scenes from Professional Life: Medicine, Moral Conduct, and Interconnectedness in Middlemarch
Authors: Pelling Margaret
Published: October 2011

This chapter examines the contemporary significance of Middlemarch, a book written by George Eliot. The main focus has been on scientific ideas or research, or medicine in its public aspect. Still in this context, slight but honourable mention should be given to those medical men who have always been appreciative of the connections between medicine and literature, which they see as an aspect of the humane and liberal side of medicine. These connections have long been asserted at a different, more political level, to help substantiate the claim of medicine to join the ranks of the learned professions. In general, some contemporaries found it an oppressive and unnecessary parade of undesirably up-to-date ideas.
Transnational Corporations and Technology Flows
Authors: Lall Sanjaya
Published: October 2011

This chapter analyses international systems of governance for transnational corporations (TNCs) and for technology transfer in the emerging world. This world provides a very different setting for industrial growth from that of half a century ago, when much of the ‘development strategy’ was launched. Technical change is now more rapid and pervasive, affecting most activities in developing countries. It is shrinking economic distance dramatically, exposing enterprises to intense and immediate competition so far unprecedented in history. Trade plays a much larger role in economic life, and much of it is handled by large transnationals and an increasing proportion of trade and production is integrated across national boundaries under the aegis of the TNC. Technology and direct investment flows are now not subject to much direct regulation at the international level, traditional controls on these flows are one of the casualties of liberalisation and globalisation.
Beyond the Limits of Thought
Authors: Priest Graham
Published: October 2011

This book presents an expanded edition of the author's exploration of the nature and limits of thought. Embracing contradiction and challenging traditional logic, the book engages with issues across philosophical borders, from the historical to the modern, from Eastern to Western, and from the continental to the analytic. This edition of the text includes new chapters on European and Indian philosophy, and reflections on responses to the previous edition of the book.
Beyond the limit
Authors: Priest Graham
Published: October 2011

This introductory chapter explains the coverage of the book, which is about the relationship between the limits of thoughts and contradiction. It suggests that the limits of thought, which provide the boundaries beyond which certain conceptual processes cannot go, are dialetheic or subject to true contradictions. The contradiction is simply to the effect that the conceptual processes in question do cross the boundaries. The book provides case studies on the works of various philosophers concerning the limits of thought and contradiction.
The limits of iteration
Authors: Priest Graham
Published: October 2011

This chapter discusses the contradiction in the limits of iteration, one of the four limits of thought. This type of limit arises when there is some operation that is applied over and over again as far as possible. The most notable example is the mathematical (ordinal) infinite. This chapter analyses Aristotle's view on the infinite and his perception of contradiction at the limit of the iterable. It also examines mathematician and philosopher Gottfried Leibniz's cosmological argument for the existence of God.
Conclusion
Authors: Priest Graham
Published: October 2011

This chapter sums up the key findings of this book on the limits of thought. It has traced the notions of the four limits of thought and analysed them through the works of Western philosophers, from its origins in ancient Greece to the present. Many of these philosophers whose works explored the locus of paradox and contradiction have unwillingly ended up in self-contradiction. The contradictions at the limits of thought are all captured by the notion of an inclosure and the historical figure with the clearest insight into this phenomenon was philosopher Georg Wilhelm Friedrich Hegel.
Nāgārjuna and the limits of thought
Authors: Priest Graham
Published: October 2011

This chapter examines the possible relevance of philosopher Nāgārjuna's work on contradictions arising at the limits of thought. It states that Nāgārjuna has endorsed the possibility of true contradictions which confirms that he is indeed a rational thinker. It provides an interpretation of how Nāgārjuna may view logic or the limits of thought. This chapter demonstrates that Nāgārjuna's two linked limit paradoxes satisfy a schema common to a number of well-known paradoxes in Western philosophy.
The Nature of Marketing Management
Authors: Dowling Grahame R.
Published: October 2011

This chapter explains the nature of marketing management. Marketing is the management of the exchanges between an organization and its stakeholders — customers, employees, community groups, and others. This book focuses on customers. The skill in managing the marketing function is to take a broader view than simply designing products and services for sale to target consumers. The two primary roles of marketing are to attain and retain target customers. Markets can be defined from both supply and demand perspectives. Supply reflects the mechanics of the business while demand reflects the desires of customers. Marketing managers need to balance between the value of the benefits and solutions to problems offered to customers and the profitability of customers to the organization. Organizations have their own unique culture that can help or hinder the marketing function.
Positioning and Branding
Authors: Dowling Grahame R.
Published: October 2011

This chapter examines brands, often one of the organization's key strategic marketing assets. The management of brands is of fundamental concern to marketers. For sellers, they are a means of legally protecting their products and services. For consumers, brands help to identify the maker of the product and know who should be held accountable for any problems. Parts A and B of this chapter examine three key issues about brands: brand position and positioning — where positioning is the management process that leads to a brand's position; branding — the identity and architecture of brands; and brand equity — the value added to a product or service that is endowed by its brand name.
Attaining Customers: Creating, Communicating, and Delivering Customer Value
Authors: Dowling Grahame R.
Published: October 2011

This chapter examines the issue of customer acquisition. It explores how an organization makes an offer to its target consumers that will entice them to buy and keep buying. Part A of this chapter focuses on value creation, Part B on value communication, and Part C on the delivery of customer value. By focusing and integrating their brand communications, organizations find that the cost-effectiveness of communication is improved relative to a scattergun approach. The design of a distribution channel needs to generate consumer demand and create time and place utility for target consumers. The key marketing function for the distribution channel is to deliver the value offered, and in the process to support the customer value proposition (CVP) and brand position.
Liberalism and Liberty
Authors: Parry J. P.
Published: October 2011

This chapter is divided into three sections. The first two discuss some of the main uses of liberty in Liberal political discourse between the First and Second, and Second and Third, Reform Acts, respectively. Both sections bring out the difficulties, as well as the benefits, that Liberals encountered in using the idea, particularly their ambivalence to state authority. The final section considers liberty in its religious aspect. The emphasis on maintaining authority, checking man's sinfulness, and developing national character and morality helps to explain why so many Victorian politicians attached such importance to religion.
Women and Liberty
Authors: Rogers Helen
Published: October 2011

In 1869, with scant debate or dissent, the newly reformed Parliament passed the Third Contagious Diseases Act (CDA) which, extending those of 1864 and 1866, aimed to diminish the spread of venereal disease in the armed forces by providing for the medical examination of prostitutes in garrison towns and, if infected, their compulsory treatment. The CDA has been read as exemplifying the new disciplinary structures of the mid-19th-century state that produced knowledge about ‘fallen women’ by categorizing and regulating sexual behaviour and thereby policing the boundaries between the ‘respectable’ and ‘unrespectable’ poor. The repeal campaign has been seen as a major conductor of feminist consciousness yet, paradoxically, though studies have focused on the movement's defence of women's liberty and critique of the exclusively masculinist state; little attention has been paid to the sources or the implications of their political conceptions of the state per se. While, for many, the CDA typified the dangers of state power for women, some women were beginning to target the state as a site for the exercise of their expertise and authority. This chapter shows how the CDA posed challenging matters of principle and priority for the first generation of professional female nursing and medical practitioners.
A Brief Guide to Type Theory
Authors: Forbes Graeme
Published: October 2011

The organizing principles of the simple theory of types are: (i) sentence-meanings are truth-values; (ii) the meaning of a name is its referent; and (iii) the meanings of other basic constituents of sentences are to be assigned in such a way that when functions are applied to arguments as the structure of the sentence dictates, the final output is a truth-value. This chapter discusses extensional type-theory covering intransitive verbs, transitive verbs, binary truth-functions, common nouns and adjectives, quantified noun phrases, the lambda operator, and type shifting and systematic ambiguity. It also discusses hyperintensional semantics.
Unspecificity and Inference
Authors: Forbes Graeme
Published: October 2011

It is controversial whether there is such a topic as the logic of propositional attitudes. For if p and q are distinct complete propositions and R an attitude relation, then even if p entails q, it is not obvious why logic alone should compel everyone who stands in R to p also to stand in R to q (say if R is belief) or conversely (say if R is doubt). In terms of a popular metaphor, logic alone does not guarantee that if a token conjunction is inscribed on a thinker's belief board, a second token of the first conjunct is also inscribed there. Perhaps the first conjunct must be implicitly believed. In that case, we can take ourselves to be discussing only explicit attitudes. This is actually a welcome restriction, as the idea of a logic of implicit propositional attitudes is rather unappealing, due to the obscurity of ‘implicit’. But in either sense, closure of belief under logical consequence is prima facie unattractive. However, this chapter shows that closure principles for objectual attitudes are more defensible.
Verbs of Creation and Depiction
Authors: Forbes Graeme
Published: October 2011

The proposal that verbs of creation in progressive aspect be given the same semantic treatment as intensional transitives generally, is found in (Bennett 1977) and is worked out in a Montagovian way in (Zucchi 1999); also, Richard (2001) classifies creation verbs as intensional transitives ‘in the progressive’. Since creation verbs are action verbs, Davidsonian event semantics is appropriate for them. This chapter discusses Parsons' theory, characterizing processes of creation, verbs of depiction, depiction verbs and the definiteness effect, and the pure inventory effect.
Efficiency Wages
Authors: Layard Richard , Nickell Stephen , Jackman Richard
Published: October 2011

Personnel management has always pertained to the use of wages to ‘recruit, retain, and motivate’ workers. There are many factors why a company may gain by paying wages above the market-clearing level. When worker effort is tough to observe, better motivation could not be well achieved by the posting of bonds or steeply sloping earning profiles. The major reason for this is the moral hazard — the risk that the company will cheat. Wages differ between identical workers in different companies, and the differences produce differences in quit rates and application rates and in overall factor productivity.
Job Search: the Duration of Unemployment
Authors: Layard Richard , Nickell Stephen , Jackman Richard
Published: October 2011

In a steady state, the unemployment rate is the result of the inflow rate and the mean duration of unemployment spells. In Britain and in the majority of the countries in Europe, the unemployment level rise has taken the form of a duration increase rather than an inflow rate increase. The chapter illustrates sufficient evidence that the unemployment experience has a great effect on search effectiveness, and that the long-term unemployed experience significant difficulty with going back to work. Cross-section data on the United States suggest that the duration of benefit availability is crucial. Most people enter a period of unemployment because their contract of employment naturally comes to an end, or they are dismissed from their job.
Explaining Post-war Unemployment in OECD Countries
Authors: Layard Richard , Nickell Stephen , Jackman Richard
Published: October 2011

The chapter investigates the different trends in post-war unemployment across nineteen OECD countries. The initial step is to calibrate the fundamental equations and it is found that the estimated parameters enable the unemployment movements to be explained, that is until 1985. Some of the basic parameters can be connected to different economic and socio-political features of the various countries, having success with the wage equation parameters but not with price-setting. This failure was due to the inability to find uniform measures of product-market characteristics across the nineteen countries. Finally, a case study is given in Britain based on the open-economy model, producing estimates of the three-way trade-off between unemployment, inflation, and trade deficit.
Specific Objections
Authors: Beall JC
Published: October 2011

This chapter turns to specific objections against logical pluralism. There are a number of objections to classical, intuitionistic, and relevant logic which are specific to those logics, and not to the scheme of pluralism as a whole. Since it makes sense not only to be a pluralist about logical consequence, but to be a pluralist who endorses each of classical, constructive, and relevant reasoning, it becomes obligatory to say something about such logic-specific objections. These objections relate to coherence and relevant models, relevance and explosion, intensionality and the slingshot, and constructivity and semantics.
A Journey into Disillusionment—Discovering Problems
Authors: Starbuck William H.
Published: October 2011

This chapter discusses a variety of problems that were experienced regarding research methodology and the conceptualizations of topics from the 1950s to the 2000s. Although a chronological approach may cause confusion, the book uses this approach because it will allow the readers to relate through their own experience. Although the book has attempted to report personal experiences accurately, this chapter explains that our brains alter our memories for the events to seem more logical. Objective facts regarding several of the events that the book enlists therefore did not existed as some people may have observed and they may have remembered the events differently. The book assumes that generalizations about organizations are based on changes in education, occupational and task specialization, technologies, and other such social and technological changes during the last half of the 19th century and the first half of the 20th century.
Monotone Quantifiers
Authors: Peters Stanley
Published: October 2011

For quantifiers, being second-order relations, the relevant order for arguments is inclusion, and for values implication, and the general concept of monotonicity applies straightforwardly to quantifiers. However, for the quantifiers that show up as denotations of noun phrases (NPs) or determiners in natural languages, there are more fine-grained notions of monotonicity which play significant roles. In a way, Aristotle discovered logic by studying monotonicity. Each of the four Aristotelian quantifiers has strong monotonicity properties, and, moreover, many valid syllogisms can be seen as statements of these properties. This chapter discusses monotone quantifiers and some facts about the distribution of monotonicity in natural languages in the form of monotonicity universals. It also deals with smooth quantifiers, proves a result that sheds light on the semantics of quantified NPs with conjoined nouns, and looks at ongoing research into what monotonicity and other related properties have to do with the occurrence of (positive and negative) polarity items in natural languages.
The Concept of Expressiveness
Authors: Peters Stanley
Published: October 2011

The expressive power of languages is an intriguing subject. Logical languages are more or less expressive, and that certain concepts expressible in some of these cannot be expressed in others. This chapter shows that there are precise ways of talking about facts of expressivity for natural languages, and moreover that, in the case of facts concerning quantification, they can be established using relatively simple model-theoretic tools. It can be shown that one language is more expressive than another by not only providing a translation in one direction, but also by demonstrating that no translation in the other direction is possible. This chapter examines how the concept of expressiveness can be specified and focuses on the related notions involved. It also presents a sketch of a theory of expressivity and discusses the expressibility of quantifier expressions versus predicate expressions. The concept of sameness as a partial equivalence relation is also considered.
Applications to Monadic Definability
Authors: Peters Stanley
Published: October 2011

This chapter applies the Ehrenfeucht-Fraïssé (EF) technique to present a variety of results about the expressive power of certain monadic quantifiers. After repeating the general method, (un)definability relative to first-order logic and then relative to stronger logics is considered. The chapter also discusses issues of expressivity and monotonicity, and gives a number of exercises for applying the EF-tools. The direct applications of the method concern logical languages, but results about such languages may transfer to natural languages under certain conditions. The possible consequences for expressibility issues within natural languages are examined. In particular, the prospects of finding a universal statement that would somehow describe or even explain the role of monotonicity in the context of expressive power in natural languages is analysed, in view of certain rather striking technical results about definability in terms of monotone quantifiers.
Economic rationality
Authors: Townley Barbara
Published: October 2011

Economic rationality is a part of the taken-for-granted assumptions of how organizations are understood and studied. Organizations have economic purpose and intent; organizational structures, systems, and policies are designed to achieve goals or ends. Ergo, organizations are rational. All this notwithstanding, there is an abundance of literature illustrating that organizations often follow purposes and objectives which do not make strict economic sense and that structures, systems, and purposes are rarely designed and often fail to achieve stated intent or purpose. Although economic rationality is often presented as a discrete, coherent, and readily identifiable mode of rationality, it elides a series of confusions and contestations: disputed definitions of rationality; disagreements as to what behaviours typify it and how it may be identified; and strong objections to the characterization of its dominant actor, homo economicus. Its genesis, both from debates about the nature of individual autonomy and from the disciplinary development of economic thought, where rationality arrives as a relative latecomer, reveals a series of discrete strands of literatures and debates that coalesce in a generic, rather fragmented, understanding. These various strands and how they have impacted on organizations form the basis of this chapter.
The characteristics of financial services
Authors: Venzin Markus
Published: October 2011

The strategic challenges of internationalization vary greatly between different financial services sectors. A retail bank such as the Italian UniCredit, as opposed to an investment bank such as Merrill Lynch or an online bank like ING Direct, will pursue distinct strategies. Different countries and regions do pose very different internationalization issues: for a European firm it is more hazardous and challenging to expand into China than to neighbouring countries within the same trade bloc. Similarly, serving different customer groups in foreign countries will pose distinct opportunities: large corporate customers tend to have less naturally differentiated needs than small corporate customers or retail clients. Hence, internationalization strategies need to be carefully tailored to specific circumstances. This chapter describes how the financial services industry emerged and how the first financial institutions started to engage in international transactions. The main objective is to increase our understanding of the factors that have led to the rise (and fall) of the first internationally active financial services firms.
Profit impact of internationalization
Authors: Venzin Markus
Published: October 2011

The previous chapter showed that service characteristics substantially influence the way financial services firms internationalize, highlighting the ever-growing importance of digital goods. Different financial services sub-segments require different approaches to cross-border strategies. Building on this insight, this chapter discusses the performance patterns of internationalizing firms. It shows that there is no universal law that links the profitability of a firm and its degree of internationalization. Performance outcomes are highly dependent on a complex set of factors related to the development, choice, and execution of strategy.
How to boost innovation across borders? International corporate entrepreneurship
Authors: Venzin Markus
Published: October 2011

This chapter explores how financial services firms facilitate international corporate entrepreneurship within their multinational networks of affiliated firms. It identifies three types of entrepreneurial uncertainty that hamper the cross-border flow of entrepreneurial activities: communicative, behavioural, and value uncertainty. It concludes by proposing organizational mechanisms that have the power to facilitate international corporate entrepreneurship.
Maria Theresa and Hungary
Authors: Evans R. J. W.
Published: October 2011

This chapter presents an essay concerning the place of Hungary in the Habsburg Monarchy during the centralist reform begun by Queen Maria Theresa and continued by her son Joseph II. It suggests that Maria Theresa cooperated enough with the ruling elite in Hungary to achieve a significant part of her programme. However, elemental antagonisms persisted and these subsequently frustrated almost all of Joseph's reform measures. Even the accomplishments of Maria Theresa created a gap between Hungary and the rest of the Habsburg lands.
The Origins of Enlightenment in the Habsburg Lands
Authors: Evans R. J. W.
Published: October 2011

This chapter presents an essay on the historical origins of Enlightenment in the territory of the Habsburg Monarchy. There were two different kinds of Enlightenment movement in the Habsburg territory in Central Europe. One was the officially sponsored reform programme launched under Maria Theresa and her son Joseph II and the other was the campaigns for cultural renewal among the nations of the region. This chapter explores the common genesis of these two movements.
The Habsburgs and the Hungarian Problem, 1790–1848
Authors: Evans R. J. W.
Published: October 2011

This chapter presents an essay on the Habsburg Monarchy's problem with Hungary during the period from 1790 to 1848. These include the perilous civil unrest of 1790 and the revolutionary situation of 1848. This essay explores the roles of the neglected personalities who mediated between Austria and Hungary on the areas of common policy between government and opposition. It also argues that the 1848 event is a clear failure of the established mechanisms for compromise.
Australia’s Empire
Authors: Schreuder Deryck , Ward Stuart
Published: October 2011

This book reappraises Australia’s experience of empire since the end of the British Empire. The volume examines the meaning and importance of empire in Australia across a broad spectrum of historical issues — ranging from the disinheritance of the Aborigines to the foundations of a new democratic state. The overriding theme is the distinctive Australian perspective on empire. The country’s adherence to imperial ideals and aspirations involved not merely the building of a ‘new Britannia’ but also the forging of a distinctive new culture and society. It was Australian interests and aspirations which ultimately shaped ‘Australia’s Empire’. While modern Australians have often played down the significance of their British imperial past, the chapters in this book argue that the legacies of empire continue to influence the temper and texture of Australian society today.
The Saga of Captain Cook
Authors: Danaiyarri Hobbles
Published: October 2011

This chapter presents an account of British explorer Captain James Cook’s discovery of Australia as recorded the memory of Hobbles Danaiyarri, an Aboriginal cultural custodian and cattle-station stockman. According to Indigenous oral traditions, the discovery of Australia is depicted as a recurring cycle of destruction, violence, and dispossession where Cook himself reappears across space and time as the mythological symbol of the insensitivity and greed of England. Danaiyarri’s account suggests that history itself is part of Australia’s imperial legacy.
Introduction: What Became of Australia’s Empire?
Authors: Schreuder Deryck M. , Ward Stuart
Published: October 2011

This introductory chapter explains the coverage of this book, which is about the Australian experience of empire. It aims to show how Australia’s empire was as much the project of the colony as of the metropole, as much the product of the Australian imagination as of the British Colonial Office. This book examines Australia’s own imperial inheritance. It explores the saga of British explorer Captain James Cook, the meaning and practice of the conquest of Australia and the way by which rural Australia became tied to the Empire. It also discusses the contact and accommodation between the aborigines and the colonisers and the central issue of governance and the formation of the Australian State.
Relationship between the WTO and International Human Rights Law
Authors: Joseph Sarah
Published: October 2011

This chapter examines the philosophical and normative relationship between the WTO and international human rights regimes. The philosophical issues essentially concern the extent to which the two regimes are driving towards the same, or different, ends. The normative relationship concerns the issue of how conflicts between the two systems are addressed in international law. It is argued that the WTO and human rights have divergent philosophical backgrounds and goals. The normative relationship between WTO law and human rights law is complex. At least some, if not all, human rights norms are likely to be hierarchically superior within international law to WTO law. This position is reflected in the case law and statements of numerous human rights bodies as well as the European Court of Justice.
TRIPS and the Right to Health
Authors: Joseph Sarah
Published: October 2011

This chapter examines the impact of the Agreement on Trade Related Aspects of Intellectual Property (TRIPS) on the right to health, particularly the debate regarding the impact of global patent rules on the prices of essential medicines. It also addresses the arguments for and against patent regimes in the drug field. The TRIPS agreement has probably given rise to the most vociferous human rights criticisms of the WTO, especially with regard to its impact on the right to food and the right to health. It is possible that TRIPS in fact allows sufficient flexibility to permit States to comply with their obligations regarding the right to health, but it makes that task more difficult, particularly for poorer States. Furthermore, the traditional justifications for global patent protection are challengeable. The development rationale for global IP protection is highly suspect, especially given that Northern States did not respect such rights during their own paths to development. Specific concerns beyond high prices arise with regard to the pharmaceutical industry, such as an innovation deficit and queries about the real cost to the private sector of pharmaceutical R&D. Despite challenges to the desirability of global patent protection under TRIPS, explicit recognition of important TRIPS flexibilities in the Doha Declaration and the 2003 waiver, the trend in current regional and bilateral trade negotiations is, unfortunately, to drive up standards of IP protection. A rollback of TRIPS for many developing States (not only LDCs) would be a preferable policy trajectory.
WTO Reform, the Doha Round, and Other Free Trade Initiatives
Authors: Joseph Sarah
Published: October 2011

This chapter summarizes potential WTO reforms in light of the human rights deficiencies within, or that are likely to be prompted by, WTO rules and processes, which are identified in Chapters 3 to 7. These proposals are evaluated, and then compared with current proposals on the table during the Doha round. Finally, the phenomenon of bilateral and other free trade agreements outside the auspices of the WTO, focusing on the example of European Partnership Agreements, is discussed.
Conclusion
Authors: Joseph Sarah
Published: October 2011

This chapter begins with a summary of discussions in the preceding chapters. It then discusses free trade fundamentalism, the purported ‘neatness’ of free trade rules, global free trade, and the current imbalance in international governance. It is argued that from a human rights point of view, there are problems with both the WTO's processes and some of its substantive rules. Regarding the latter, problems arise with regard to their interpretation and their chilling effect in the absence of authoritative interpretation. The WTO's mission of promoting free trade and intellectual property rights should take more account of countervailing rights beyond those of foreign traders and intellectual property rights holders, the marked differences between States, and problems within the agricultural arena. Clearly, this book ultimately calls for major changes to the thinking which currently dominates the WTO.
Sensibility Saved
Authors: Prinz Jesse J.
Published: October 2011

This chapter presents and defends an emotionist theory known as sensibility theory. It argues that sensibility theories can explain some central folk intuitions about the nature of morality. However, sensibility theories face a number of serious objections. In the second part of this chapter, ten objections that can be found in the literature are discussed. It is argued that a properly formulated sensibility theory has resources to overcome each of these. Sensibility theory offers one way of accommodating the evidence that moral judgement is affect-laden. This is one of its main advantages, but it is not the only approach that ties moral judgements to emotions. Emotivism, for example, can boast the same. To motivate the adoption of sensibility theory, we need to show that it has other advantages. One attraction is that sensibility theory accommodates the evidence used to support moral intuitionism without taking on any of the baggage.
Dining with Cannibals
Authors: Prinz Jesse J.
Published: October 2011

Moral variation is explored in this chapter even though some moral philosophers argue that variation has been exaggerated. Alternative opinion from other philosophers is that variations in moral values do not imply variation in moral facts as there can be one true morality despite different moral convictions. This chapter argues that moral relativism is a result of the sensibility theory which is dubbed constructive sentimentalism and although the link between sentimentalist theories and relativism has been observed, the implication has not been studied much by sentimental theorists. This chapter also explores the objections faced by relativism and addresses the concern that moral relativism results in political indifference. Relativism is explained as a coherent doctrine supported by anthropology and which could lead people to reconsider some moral convictions.
The Genealogy of Morals
Authors: Prinz Jesse J.
Published: October 2011

Philosophers are more interested in normative questions rather than descriptive questions such as the origins of moral values. Questioning where our values come from is seen as irrelevant and those making the inquiry are accused of committing genetic fallacy. This chapter reconsiders the assumptions centering on the argument that normative theories are designed to encompass present-day intuitions. Investigating the origin of values can be done through the genealogical method, as shown in this chapter, that supports the idea of moral convictions being the product of social history through justifying examples of Friedrich Nietzsche's historical analyses. The chapter also examines whether it can be used to support skepticism on current moral values and compares it to Nietzsche's overstated usage of genealogy.
Against Evangelism in Academic Criminology: For Criminology as a Scientific Art
Authors: Carlen Pat
Published: October 2011

This chapter argues that because academic criminology is a scientific art, it is unfortunate that three of the most exciting perspectives in criminology today — those academy-based criminologies which have variously self-branded as ‘critical’, ‘cultural’, or ‘public’ — at times reveal evangelistic tendencies that pose a threat to their capacity for the open debate that each of them espouses. Other brandname academic criminologies have, over the years, been frequently endangered by the same tendencies but, because of the promise and dangers inherent in their twin allegiances to both academic criminology and criminology politics, and also because of the desirability of such socio-political commitments, if criminology as a scientific art is to have any social significance, it is important that the evangelistic strains in critical, cultural, and public criminologies should be confronted. They are the least desirable and potentially most self-damaging, aspects of the best of contemporary academic criminology.
Putting Crime Back on the Criminological Agenda
Authors: Zedner Lucia
Published: October 2011

This chapter examines the relative decline of criminological concern with crime and takes issue with claims that criminology should relinquish crime in favour of other organizing concepts such as ‘conflict’, ‘dispute’, or ‘harm’. It argues that crime needs to be put firmly back on to the criminological agenda by making questions of criminalization as much a focus of criminological as of legal enquiry. It considers what criminology can contribute to criminalization debates and, no less importantly, what criminology has to learn from criminal law.
Criminology and Government: Some Reflections on Recent Developments in England
Authors: Newburn Tim
Published: October 2011

This chapter is divided into five parts. The first part explores the changing social and cultural context in which criminological research is conducted and penal policy made. It then turns to the changing governmental context, including the reform of the civil service and the rise of so-called ‘evidence-based policy-making’. Criminological research, of course, has itself not been static and the third section offers a brief sketch of developments in criminological scholarship outside government. The fourth section looks at the changing nature of criminological research within government and, in particular, at the location and nature of research within the Home Office. The chapter concludes with some reflections on what the future might hold in relation to the changing nature of the relationship between government and criminological research.
The Past Histories of Molecules
Authors: Callender Craig
Published: October 2011

This chapter unfolds a central philosophical problem of statistical mechanics. This problem lies in a clash between the Static Probabilities offered by statistical mechanics and the Dynamic Probabilities provided by classical or quantum mechanics. The chapter looks at the Boltzmann and Gibbs approaches in statistical mechanics and construes some of the great controversies in the field — for instance the Reversibility Paradox — as instances of this conflict. It furthermore argues that a response to this conflict is a critical choice that shapes one's understanding of statistical mechanics itself, namely, whether it is to be conceived as a special or fundamental science. The chapter details some of the pitfalls of the latter ‘globalist’ position and seeks defensible ground for a kind of ‘localist’ alternative.
Probabilistic Modeling in Physics
Authors: Beisbart Claus
Published: October 2011

How can probabilistic models from physics represent a target, and how can one understand the probabilities that figure in such models? The aim of this chapter is to answer these questions by analyzing random models of Brownian motion and point process models of the galaxy distribution as examples. This chapter defends the view that such models represent because we may learn from them by setting our degrees of belief following the probabilities suggested by the model. This account is not incompatible with an objectivist view of the pertinent probabilities, but stock objectivist interpretations, e.g., frequentism or Lewis’ Humean account of probabilities have problems to provide a suitable objectivist methodology for statistical inference from data. This point is made by contrasting Bayesian statistics with error statistics.
Quantum Probabilities: An Information‐Theoretic Interpretation
Authors: Bub Jeffrey
Published: October 2011

This chapter develops a realist information-theoretic interpretation of the nonclassical features of quantum probabilities. To make plain these nonclassical features, quantum games are analyzed in which a ‘no-signaling’ constraint has to be satisfied. It is further shown how the Lüders Rule may be seen as an instruction how to update probabilities following some measurement. As conditionalization following this rule leads to inevitable losses of information, it is argued that quantum theory implies new constraints on information. A parallel is drawn to the Special Theory of Relativity: The geometric structure of Hilbert spaces imposes new, but objective probabilistic constraints on correlations between events, just as the geometric structure of Minkowski space in special relativity imposes new spatio-temporal kinematic constraints on events.
Can the World Beshown to be Indeterministic after all?
Authors: Wüthrich Christian
Published: October 2011

Is the world deterministic and can we ever know whether it is or is not so? This chapter critically evaluates recent results that bear on these issues, and points out the relation to probabilities. While results from classical physics are neither fully relevant nor conclusive, quantum mechanics is often assumed to establish indeterminism beyond doubt. However, whether the quantum world is indeterministic crucially depends on how the measurement problem is solved. There are both deterministic and indeterministic contenders in this field, some of them empirically equivalent to another one. This is shown using the deterministic Bohm theory and Nelsonsion mechanics, which is indeterministic. Two arguments that purport to establish indeterminism and that rely on Gleason's theorem and on Conway and Kochen's recent Free Will Theorem are shown to be wanting.
Action's Most Ultimate End
Authors: Finnis John
Published: October 2011

What is the role of eudaimonia in Aristotle's ethics and of beatitudo in Aquinas's ethics? None of the basic goods can count as fully satisfying. But can the whole set of them somehow count as that? Aquinas holds that in this life we are oriented by a less than fully satisfying beatitudo, which he calls imperfecta beatitudo and says (in his main account) consists in the workings of moral virtue. His other account holds that it consists in contemplation. But what is to be made of his thesis that beatitudo perfecta consists in the vision of God? It must be taken with his thesis that perfect beatitude (fulfilment, flourishing) includes friendship with human neighbours in the heavenly household. And with his thesis that it is a matter of sharing in God's creative, practical understanding, and thus is a kind of extending of practical reason's operations in this life's engagements with the complex of intelligible human goods. More like playing in an orchestra than gazing at a scene.
Legal Reasoning as Practical Reason
Authors: Finnis John
Published: October 2011

Understanding morality and understanding legal, especially judicial, reasoning each require attention to the distinctions between reason and feelings, and between making and doing. In clarifying these, this chapter considers the denial of objective goods by ‘Critical Legal Studies’; the confusion induced by ‘game’ or ‘decision’ or ‘rational choice’ theory's technological understanding of rational choice; and Ronald Dworkin's exaggeration of the determinacy of affirmative moral obligations and oversight of the incommensurability between moral and other kinds of criteria for judgment and choice. Legal system and reasoning exists in a tension between the moral or existential order and the technical order (the third and fourth of the four kinds of order and intellectual discipline). Understanding incommensurability also grounds the acknowledgement of exceptionless moral norms (‘absolutes’) that give legal reasoning its backbone.