bluuebunny/crossref_metadata_2025 huggingface dataset:
Introduction
Authors: Michelakis Pantelis
Published: June 2020

This chapter sketches out some of the features of the encounter between media theory and Greco-Roman antiquity in two complementary ways: as a field of knowledge awaiting further systematic exploration and analysis, but also as a set of methods that under the banner of ‘cultural transmission’ brings together practices for producing and processing knowledge that are fundamental to the way in which ancient cultures become ‘classical’. The discussion begins with the concept of the medium and the promise it holds for analytical work in the study of the past. It then moves on to the role of mediation in thinking about the cultural significance of communication across time and perception. It continues with a consideration of classical studies and media studies as disciplines, focusing on the kinds of research that can be pursued at their intersection. The chapter concludes with an overview of the contributions that follow.
On the Beginnings of Media Theory in Hesiod and Plato
Authors: Haase Frank
Published: June 2020

The history of Western thought and philosophy takes its starting point in the invention of the Greek phonetic alphabet around 800 BCE. Only in the course of this medial break does a new way of thinking begin to emerge, which previously knew nothing comparable in the advanced civilizations of the Near East. Although these advanced cultures had been written cultures for more than 2,500 years, it was only the Greek vocabulary that made a media-based thinking based on self-reference fundamental. Over a period of more than 500 years, the formation of ontological–metaphysical thinking takes place on the basis of a media structure, as exemplarily formulated for the first time in Hesiod’s Theogony in mythological form. It is, after all, Parmenides, who develops in his doctrinal poem an ontology and epistemology, which is unfolded and continued by Plato and which inaugurates human thought itself as a medium of truth. In the dialogue of Phaedrus, Plato induces along the legend of the demigod Theuth and his medial inventions the foundations of a principle circuit that opens up from the self-thinking of the medium of thinking. This circuit of principles based on three basic operations is the ontological foundation on which later Neoplatonism bases its philosophizing and Christianity develops the doctrine of the Trinity.
Manteia, Mediality, Migration
Authors: Oikonomou Maria
Published: June 2020

From the Oracle of Dodona to modern GPS, mediation and migration have been closely interrelated. In fact, migration can be conceptualized as passage through a complex field of decisions (junctions, entries, exits, obstacles, connections) whose every bifurcation is coupled to a medium to direct the migrant in her path. This chapter discusses this nexus between manticism and narratives of migration with regard to Greek mythology. In this respect, the shipwrecked alien Odysseus depends on a series of media; he descends to the underworld to consult the seer Tiresias as to how to operate in what Michel Serres calls a precultural topology of seams and fissures (the notorious vagueness of such auguries reflects both the uncertainties of migration and the rate of noise in media transmissions). Similarly, Oedipus’ visit at the Oracle of Delphi constitutes a crucial point in the mythological discourse as well as the protagonist’s topographical parcourse; it transforms the territory into a field of connections, alternatives, decisions, and catastrophes—a ‘tragic landscape’, which George Hadjimichalis’s installation Schiste Odos translates into various techniques of representation (scale models, maps, oil paintings, aerial photographs). Finally, such medializations also touch the migrant’s body. Derrida describes Oedipus at Colonus as a figure of transference and placelessness—marked, in Sophocles, by the unknown location of his grave—who nevertheless allows the founding of a new community, thus exhibiting the foreign as a politically and culturally creative factor.
The World Heritage Convention and the Law of State ResponsibilityPromises and Pitfalls
Authors: Lixinski Lucas , Tzevelekos Vassilis P
Published: June 2020

Under many UNESCO instruments there is a disconnect between the language of the treaties and the mechanics of the positive law, on the one hand, and the actuality of international heritage management practice, on the other. Specifically, existing primary norms often do not set sufficiently clear legal obligations. This chapter explores this mismatch with a focus on (concurrent) State responsibility in the context of the World Heritage program. It focuses specifically on two different levels of State involvement in heritage protection: (1) multinational heritage nominations and (2) heritage that is listed by only one State, but that is also of interest to another State. The 1972 World Heritage Convention places heritage squarely within the territorial State’s sovereignty, even if it does recognize that States have a duty to cooperate in the protection of world heritage in other States as well. The duty of cooperation is seen as eroding State sovereignty, but critics also highlight that in fact there is too much sovereign control over those allegedly sovereignty-eroding dimensions of World Heritage processes.
Nested BoxesTangible Cultural Heritage and Environmental Protection in Light of Climate Change
Authors: Quirico Ottavio
Published: June 2020

The international protection of tangible cultural heritage overlaps with that of the environment, ranging from the conservation of biodiversity to the prevention of desertification. Against this background, the phenomenon of climate change raises questions that challenge the fundamentals of the World Heritage Convention, which protects cultural heritage and interlinked natural heritage. Global warming critically affects cultural sites of outstanding universal value, such as the city of Venice, and depletes mixed cultural and natural sites inscribed on the World Heritage List, such as Tassili n’Ajjer. Arguably, the World Heritage Convention is lex specialis with respect to international environmental regulation as concerns localized adaptation and mitigation measures protecting sites of outstanding universal value. By contrast, environmental regulation, notably the UNFCCC regime as reviewed in Paris in December 2015, is lex specialis as concerns general mitigation and adaptation, systemically integrating the protection of tangible cultural heritage. This argument also applies to intangible cultural heritage, including a human rights perspective. In fact, the fundamental right to culture has been invoked in international jurisdictions to protect intangible heritage, but still remains lex generalis with respect to the UNFCCC regime. As in a set of nested boxes, such an interactive pattern outlines a basic paradigm to shape the broader intersection between the regulatory regimes protecting tangible cultural heritage and the environment in international law.
Bridging the Gap Between International Human Rights and International Cultural Heritage Law Instruments
Authors: Tünsmeyer Vanessa
Published: June 2020

With the activities of UNESCO in the recent decades international cultural heritage law has become its own area within public international law. By its very nature, namely its focus on cultural heritage and forms of cultural expression, it is closely linked to different human rights. However, this link has only really been realized in more recent instruments and even then not fully. States have obligations in both areas of international law. This raises the question of how to best accommodate State duties and rights under UNESCO instruments with individual and community rights under the respective human rights treaties. The author proposes to examine the functions of cultural heritage as one way in which to better bridge the gap between the two fields.
The Non-existence of the Internal World
Authors: Westerhoff Jan
Published: June 2020

A natural place of retreat once the reality of the mind-independent world has been challenged is that of the certainty of our inner world, a world which, we assume, is perfectly transparent to us and over which we have complete control, which provides a sharp contrast with an external world of which we have limited knowledge, and which frequently resists our attempts to influence it. The second chapter considers a set of reasons against the existence of this kind of internal world. I consider arguments critical of introspective certainty and query the existence of a substantial self that acts as a central unifier of our mental life. The chapter concludes that a foundation in the internal world remains elusive: our introspective capacities do not give us any more of a secure grasp of an internal world than our five senses perceiving the external world.
Untimely Epic
Authors: Phillips Tom
Published: June 2020

Apollonius Rhodius’ Argonautica is a voyage across time as well as space. The Argonauts encounter monsters, nymphs, shepherds, and kings who represent earlier stages of the cosmos or human society; they are given glimpses into the future, and themselves effect changes in the world through which they travel. Readers undergo a still more complex form of temporal transport, enabled not just to imagine themselves into the deep past, but to examine the layers of poetic and intellectual history from which Apollonius crafts his poem. Taking its lead from ancient critical preoccupations with poetry’s ethical significance, this book argues that the Argonautica produces an understanding of time and temporal experience which ramifies variously in readers’ lives. When describing the people and creatures who occupied the past, Apollonius extends readers’ capacity for empathetic response to the worlds inhabited by others. In the ecphrasis of Jason’s cloak and the account of Jason’s conversations with Medea, readers are invited to scrutinize the relationship between exempla and temporal change, while climactic episodes such as Jason’s battle with the Earthborn and the taking of the Golden Fleece explore links between perceptions and their temporal situation. Running through the poem, and through the readings that comprise this book, is an attention to the intellectual potential of the ‘untimely’, objects, experience, and language which do not belong straightforwardly to a particular time. Treatment of such phenomena is crucial to the poem’s aspiration to inform and expand readers’ understanding of themselves as subjects in and of history.
Affecting Time
Authors: Phillips Tom
Published: June 2020

The first part of Chapter 1 examines the Argonautica’s intertextual relationships, especially but not exclusively with Homer, as a means of affording and shaping access to an imagined world, before considering the figure of Heracles as an articulation of the poem’s concern with temporal change. The rest of the chapter focuses on Apollonius’ ‘philological’ poetics. Building on previous studies, it argues that Apollonius’ use of unusual words should be seen as a form of creative curiosity that draws readers into exercising their world-projecting capabilities. Responding to the poem’s particular version of authorial subjectivity also entails seeing the text as a multilayered expressive act. Both parts of the chapter make the case for seeing the temporal character of reading itself as a crucial source of meaning.
Untimely Performances
Authors: Phillips Tom
Published: June 2020

Chapter 2 focuses on three performances, the Argonauts’ paean to Apollo on Thynias, the Heliades’ lament, and Orpheus drowning out the song of the Sirens. Albeit in very different ways, each episode promotes various understandings of historical difference or distance, and an enhanced sense that relating to performances is always a temporally situated activity. Each invites readers to consider fundamental questions about poetry’s purposes and effects: particularly important are the complex forms of presence that poetry creates, empathy and affective response, and the limits and allure of mimesis.
Introduction: The Moral Limits of Asymmetric Killing
Authors: Renic Neil C.
Published: June 2020

This introductory chapter sets out the scope of the analysis to be covered in the book. It introduces the subject of radical asymmetry, clarifies the theoretical and empirical dimensions of the topic, and provides an overview of historical iterations of this challenge. Following a brief review of the existing debate, the chapter outlines the methodological framework of the book, highlighting the distinction between its ethical and moral focus. Following this, the chapter offers a summary of the central argument. A brief breakdown of the overall structure of the book is then provided. The chapter concludes by emphasizing the significance of this subject.
UAV-Exclusive Violence
Authors: Renic Neil C.
Published: June 2020

This chapter outlines the extent to which UAV-exclusive violence both aligns with and diverges from the more resolvable asymmetry-challenges of the past. The chapter first acknowledges the considerable overlap between historical and current asymmetry in terms of their tension with the warrior ethos. As it then details, this analogy to the past breaks down in regard to the moral justifications for killing in war. This chapter argues that the unprecedented capacity of UAV-exclusive military force to erode the structural reciprocity of war has undermined the ability of the United States to interpret and apply morally acceptable limits on its violence. The chapter concludes by exploring the implications of UAV-exclusive violence for the regulation of lethal force.
The Jurisprudence of Integration
Authors: Eleftheriadis Pavlos
Published: June 2020

This chapter introduces the central legal and political interpretations of the European Union (EU). The Court of Justice of the European Union (CJEU) suggests a federalist legal account when it speaks of EU law as a ‘new legal order’ and as ‘autonomous’ from international law and the law of the member states. This doctrine has met with resistance by the courts of the member states, which have refused to apply EU law without reference to their domestic constitution. The courts’ views can be seen as either a ‘constitutional’ approach, which we find in Neil MacCormick’s ‘pluralism’ under international law, or in the ‘pluralism’ defended by Mattias Kumm, Neil Walker, and others. But the general legal architecture of the EU is not only a theoretical but also a political problem. These legal interpretations correspond to rival political approaches, namely ‘federalism’, ‘statism’, and a new view proposed in this book ‘internationalism’. The most challenging political view of the EU, articulated for example by the historian Noel Malcolm, believes that it is actually a serious risk to self-government and democracy. Any legal and political interpretation of the treaties supporting the legitimacy of the EU requires that we have an effective response to this democratic challenge. Can the EU be democratically legitimate?
Incorporation
Authors: Eleftheriadis Pavlos
Published: June 2020

This chapter shows how national courts receive European Union (EU) law by way of dualism in the same way they receive international law. From the member states’ point of view EU law is not the law of a new jurisdiction but the law of an international legal order. Incorporation is not a simple transfer. Member state courts incorporate EU law through three structural principles: ‘conditional primacy’, ‘institutional tolerance’, and ‘integrity’. These principles are uniquely relevant to the transnational nature of EU law. The member states remain independent political communities. Integrity, thus, applies to EU law on the basis that the EU is a community of communities of principle. The ideals of a community of principle apply to the EU only when it is seen as a union of peoples that come together on the basis of the law of nations. The practical or deliberative understanding of law provides an account of the relationship between domestic and EU law without paradox.
Democracy and Reform
Authors: Eleftheriadis Pavlos
Published: June 2020

The most common criticism of the European Union is that it undermines domestic democracy. This chapter starts with a discussion of the sophisticated arguments by the German Constitutional Court on a required ‘identity’ of a state, which should not be undermined by EU institutions. This argument is rejected because it relies on an erroneous conception of democracy as the manifestation of ‘collective will’. The analogy between the individual person and a collective person is misleading. What makes democracy valuable is the fact that it recognizes the equal standing of all members of the political community on the basis of institutions. This is shown, for example, in the interesting arguments for ‘demoicracy’ offered by Nicolaïdis and Cheneval. This view of democracy may show that it is entirely compatible with sharing power in the EU. Democracy embodies the ethical relationship of equal citizenship. Does the EU threaten that? This chapter examines four dimensions of that question in detail: the powers of the EU executive, the role of the EU judiciary, the reach of the EU legislature and the limits that EU places on constitution-making in the member states. Under the doctrine of dualism, however, nothing in the operation of the EU affects in principle domestic constitution-making. The European Union is ultimately subject to the constitutional rules of the member states. It is no threat to domestic democracy.
Simplest Quantum Devices: Polarizers and Beam Splitters
Authors: Zubairy M. Suhail
Published: June 2020

Maxwell showed that light consists of electric and magnetic fields that oscillate in directions perpendicular to the direction of propagation. Associated with this picture of light as an electromagnetic wave is an important property—the polarization of light. The polarization of light is related to the direction of oscillation of the electric field in an electromagnetic wave. In this chapter, the basic principles of quantum mechanics are discussed by studying the polarization property of a single photon. First the properties of a polarizer are presented and Malus’ law for polarized light is derived. Next it is shown that the basic features of quantum mechanics can be understood via an analysis of a single photon passing through a polarizer. This simple system allows an introduction of Dirac’s ket and bra notations for a quantum state. Finally the transformation properties of the quantum beam splitter and the polarization beam splitters are discussed.
Science Knowledge Exchange in Brewing
Authors: Lichota Jan Marian , Brauer John
Published: June 2020

In the aftermath of World War II, a devastated Europe saw the establishment of the European Brewery Convention (EBC). Founded in 1947 to unite brewmasters and foster their cooperation, the organization has been an important element in retaining and increasing brewers’ knowledge. This chapter documents the evolution of the EBC Congress in relation to scientific research, the organization’s growth, and scientific cooperation between the 1947 and 2017 editions, as well as comparing the general trends in association meetings. The information exchange from brewers’ research and development at international meetings, as well as data showing the attendance and composition of delegates, has been fundamental for the economic development of the brewing industry, and the various figures may be correlated with national and international trends characterizing the dynamic evolution of the beer sector over the course of seventy years.
The Internationalization of Craft Beer
Authors: Stack Martin
Published: June 2020

Historically, little beer has crossed national borders, and the notion of small, locally oriented breweries exploring international operations seems unlikely. Yet, the market for craft beer has changed tremendously since the 1970s, and international linkages have played an important role in these changes. While the most immediate cross-border manifestation of these connections is exports, this chapter argues for a broader conceptualization of this development. The very fact that the terms “craft beer” and “craft brewery” are commonplace throughout the beer world can be taken as examples of an internationalization process which also includes fundamental steps such as the global diffusion of beer styles and brewing techniques. To help illustrate this process, the chapter develops a case study examining the evolution of craft beer in the United States.
Introduction
Authors: Mauk Marlene
Published: June 2020

This introductory chapter develops three core research questions for the book: How widespread is citizen support for the respective regime in democracies and autocracies? What individual-level sources is regime support based upon in democracies and autocracies? What system-level sources affect regime support in democracies and autocracies? Pointing out the relevance of political support for regime stability, it argues that answering these questions can contribute to assessing the stability of both democracies and autocracies. Following a brief review of the literature, it outlines the theoretical model proposed in the book and gives an overview of the research strategy, case selection, data, and methods applied in the empirical analysis.
Coercion and the Nature of Law
Authors: Himma Kenneth Einar
Published: June 2020

Coercion and the Nature of Law argues that it is a conceptually necessary condition for something to count as a system of law according to our conceptual practices that it authorizes the imposition of coercive sanctions for violations of some mandatory norms governing non-official behavior (the Coercion Thesis). The book begins with an explication of the modest approach to conceptual analysis that is deployed throughout. The remainder of the book is concerned to show that an institutional normative system is not reasonably contrived to do anything that law must be able to do for us to make sense of why we adopt systems of law to regulate non-official behavior unless we assume that mandatory norms governing that behavior are backed by the threat of a sovereign; an institutional normative system that satisfies every other plausible existence condition for law is not reasonably contrived to give rise to either objective or subjective first-order motivating reasons to comply with mandatory norms governing non-official behavior unless they are backed by the threat of a coercive sanction. Law’s presumed conceptual normativity can be explained only by the Coercion Thesis.
Can There Be Law in a Society of Angels?
Authors: Himma Kenneth Einar
Published: June 2020

Chapter 10 rejects the society-of-angels argument against the Coercion Thesis on the ground that the psychological features of the “angels” are too far removed from what is remotely probable for rationally competent self-interested subjects like us who live in worlds of acute material scarcity like ours to tell us anything of theoretical significance about the content of our concept of law. There is nothing that counts as a legal system in the society of angels because our conceptual practices presuppose that the practices constituting something as a system of law are intended and reasonably contrived to regulate the behavior of rationally competent self-interested subjects like us who would never, as a descriptive matter of contingent fact, conclusively defer to the dictates of a purely institutional authority the way the angels do because we should not do so, as an objective matter of normative practical rationality.
Roots of Educational Segregation
Authors: Furas Yoni
Published: June 2020

Chapter 2 traces the causes of educational segregation between Arabs and Jews, and it elucidates its sustainability through the weakness or failure of those prominent educators who sought another outcome. First, it surveys British inability or reluctance in addressing the question of educational segregation. It then underlines the important albeit marginal role of missionary education and existent institutions of mixed education. Then it critically examines Zionist voices that envisioned Hebrew education as a mechanism of Arab–Jewish rapprochement, followed by a discussion on Jewish educators who crossed the boundaries of educational segregation and the price they paid for it. The chapter ends with an analysis of Arab educators’ views on educational segregation.
Writing History
Authors: Furas Yoni
Published: June 2020

Chapter 4 focuses on history textbooks authored during the Mandate period, and it traces the history of their writing and their use in schools. Textbooks represented the ‘correct’ and distilled formal knowledge required by the system. The chapter examines the central themes in these books and their dialogue with Ottoman, Egyptian, Lebanese, and Western sources, as well as the translation mechanisms employed as part of this dialogue. The chapter then applies a different lens to answer such questions as who wrote history? and why focus of the life stories of both Palestinian and Jewish authors? The sociological and intellectual affinities between these authors suggest that they were a distinctive group with specific characteristics. Finally, this chapter scrutinizes the loud echoes of the conflict in these texts.
Against Meidias and Against Timarchus
Authors: Westwood Guy
Published: June 2020

Chapter 4 juxtaposes two law-court speeches from the mid-340s: Demosthenes’ Against Meidias and Aeschines’ Against Timarchus. In both speeches, Demosthenes and Aeschines are applying the city’s past to cases where the defendant in question had to be judged as a moral as well as a political actor. Chapter 4.1 offers an introduction and overview of the two speeches and trials. Chapter 4.2 shows how Demosthenes concentrates attention on an extended historical illustration involving Alcibiades to make the point that the jurors must judge Meidias on his own peculiar combination of bad and undemocratic qualities (above all his hybris); no paradigm will really do. Chapter 4.3 shows that Aeschines is similarly keen to particularize the behaviour of Timarchus, and to talk about his personal past. Like Demosthenes, he is interested in recommending himself as a trustworthy paradigm citizen; but unlike Demosthenes (in Against Meidias, anyway) Aeschines co-opts numerous aspects of the cityscape, real and imagined, to help him construct the parameters within which Timarchus should be judged. This overtly political prosecution introduces the issue of contestation of models in law-court contexts in earnest, and illustrates Aeschines’ appetite for creative envisioning of the past, developing his material in immersive and theatrical ways (e.g. via recalling a statue of Solon at Salamis). Chapter 4.4 offers a synoptic conclusion.
The Belgian Investigation of the Habré Regime
Authors: Fransen Daniel
Published: June 2020

This chapter focuses on Belgium, which initiated pursuit of Hissène Habré under universal jurisdiction laws. Under Belgium's universal jurisdiction statute, Belgian investigative judge Daniel Fransen led the investigation into crimes committed by Habré's regime. In connection with this investigation, he spent ten to twelve days in Chad in 2004 and testified about this experience before the Extraordinary African Chambers (EAC). Judge Fransen explains that ‘all investigative acts were carried out by the Chadian investigative judge or Chadian investigating officers, with the presence and assistance of the Belgian staff’. These investigative materials were transmitted to the EAC Prosecutor in April of 2013. The chapter then presents an excerpt of Judge Fransen's testimony before the EAC, in which he answered questions from Habré's court-appointed lawyer, Mounir Ballal.
Arresting Habré
Authors: Mendy Marcel
Published: June 2020

This chapter addresses the role of Marcel Mendy, head of Communications for the Extraordinary African Chambers (EAC), and his office during Hissène Habré's arrest, the most politically sensitive moment of the process. At the EAC, Mendy's unit reported on the activities of the EAC, represented the EAC as spokesperson, and organized media events for the prosecutor. A central task of the unit was to organize media coverage of the Habré trial by the national and international press through accreditation and streaming the trial on the EAC's website. Mendy's unit was also in charge of keeping Habré's arrest confidential until the operation occurred. On the basis of information obtained from investigation reports established in both Brussels and N'Djamena about detention centres and suspected locations of mass graves, Prosecutor M'Backé Fall decided to proceed with the arrest of Hissène Habré a few days after his return from a mission in Chad. Information had to be locked down to keep the opposing camp from being alerted. Indeed, the public only learned of the arrest the following day.
Can We Be Friends? Offering an Amicus Curiae Brief on Sexual Violence to the EAC
Authors: Seelinger Kim Thuy , Fenwick Naomi , Alrabe Khaled
Published: June 2020

This chapter details the preparation and submission of the amicus curiae brief on sexual violence to the Extraordinary African Chambers (EAC). The amicus curiae brief offered by over a dozen experts on the prosecution of sexual violence under international law may have been a game changer for the Hissène Habré trial, both in terms of its relevance as a mechanism of international criminal justice, as well as in highlighting the EAC's power to address crimes of sexual violence despite their omission from original charges. Among other international crimes, Habré had been convicted of rape and sexual slavery as a crime against humanity and as a form of torture. The affirmation of Habré's life sentence for massive sexual violence committed by his Documentation and Security Directorate (DDS) agents was hailed as a tremendous victory for international criminal justice and the rights of sexual violence survivors. However, the conviction for sexual crimes was not complete and its path was not linear.
A Donor’s Perspective
Authors: Fall Sarah Valentina
Published: June 2020

This chapter addresses the challenges of providing necessary, but politically sensitive, Western support to a tribunal overtly designed to be an African mechanism. Two principal elements motivated Switzerland's actions in Senegal: Switzerland's commitment to promoting international criminal justice and its longstanding engagement with Chad. It is within this context of strong and active engagement in Chad, along with the direct repercussions for the people of Chad of the trial of Hissène Habré, that it became apparent that Switzerland should actively engage with the Extraordinary African Chambers (EAC). Concretely, this engagement entailed making a range of technical assistance available and facilitating relations and communications among the various stakeholders, rather than financing the EAC as a donor. This choice was made in light of the ongoing concern of ensuring that actions in Senegal could also have a positive impact for Chad. Switzerland additionally participated in the Steering Committee for the financing of the EAC as an observer.
Is the Opposition Between Civil Law and Common Law Criminal Procedure the Lock or Key to International(ized) Tribunals’ Success?
Authors: Bourguiba Leïla
Published: June 2020

This chapter offers a comparative consideration of the efficacy of civil versus common law in adjudicating atrocity crimes, using the example of the French war crimes unit prosecution practice. On 16 October 2017, representatives of international criminal courts and tribunals met in France at the French National School for the Judiciary. Their meeting resulted in the signing of a Declaration on the effectiveness of international criminal justice (Paris Declaration). In gathering professionals from international courts and tribunals where the need to comply with founding texts and specific procedures can challenge those who, by habit, comfort, or conviction, draw on their national practise to interpret and apply the rules of procedure, the question of common versus civil law practice was the implicit focus. The Paris Declaration was adopted at a time when disappointment towards the ‘efficiency’ of international(ized) tribunals and courts is high. They are considered too slow and too costly. In this context, it is not unusual to hear that international trials would be better managed and more efficient if they borrowed more elements of ‘civil law’ on their ‘common law’ foundation. The chapter then describes the main characteristics of each procedural system to help identify which procedural model has been favoured before international(ized) tribunals. It also asks whether national investigation and prosecution of core international crimes are more efficient.
Witness Protection
Authors: Combs Nancy Amoury
Published: June 2020

This chapter focuses on witness protection. Witness protection has long been a contentious and expensive component of domestic criminal trials, and it is an even more contentious and expensive component of international criminal trials of genocide, war crimes, and crimes against humanity. In many international criminal cases, the prosecution's case is based exclusively or almost exclusively on witness testimony. Thus, if witnesses are not willing to testify, then the prosecution's case will necessarily fail. Witnesses before international criminal tribunals are sometimes twice victimized, first by the trauma they lived through and second by dangers associated with participating in international trials. Given the tremendous importance of witnesses to international criminal cases and given the ease with which defendants can credibly threaten harm to those witnesses, one might assume that the international criminal tribunals do everything necessary to provide witnesses with whatever level of protection they need in order to assure their safety and thereby enable them to testify. The international criminal tribunals do spend vast sums—in both financial and human resources—to provide top-quality witness protection, but there are countervailing considerations in the form of fairness to defendants that place limits on the efforts they can and should undertake.
The African Pinochet? Universal Jurisdiction and the Habré Case
Authors: Swart Mia
Published: June 2020

This chapter addresses the potential for a broad, African application of universal jurisdiction—the normative approach which enabled the Hissène Habré trial—in other African courts. For all the excitement generated by the concept of universal jurisdiction, there have been very few instances of prosecutions on the basis of universal jurisdiction in Africa. Even in Europe, the heartland of universal jurisdiction, the application of this form of jurisdiction has been on a sharp decline—in spite of ambitious universal jurisdiction legislation adopted in countries such as Belgium and Germany. In this landscape, the ‘successful’ prosecution of the Hissène Habré case is of particular significance, especially given the highly contested field of international criminal justice in Africa. The chapter then examines the requirements for a successful universal jurisdiction prosecution in the African context. It also explores what ‘Habré effect’ people might be seeing in the wake of the Habré case.
Society, Nature, Emancipation
Authors: Bloxham Donald
Published: June 2020

This chapter is predominantly concerned with the thought tendencies grouped under the heading ‘the Enlightenment’, with regulation caveats about variations in character, national and otherwise, of the intellectual traditions denoted by the term: the French, Scottish, and German cases are each given separate attention. The governing concern is with the most theoretically self-conscious attempts to establish the utility of History as a way of understanding the human experience in light of influential concepts like Volksgeist, circonstance, esprit général, represéntations, and even ‘relations of production’, that elucidated human diversity across time and place. When explaining the broad sweep of human history providential accounts were replaced by secular ones, though in some instances the latter were structurally similar to the former and so had some of the character of History as Speculative Philosophy. On the whole the scholarship under examination evinced a liberal spirit as regards confessional and national differences, though it was frequently marked by a partiality to occidental civilization. Overall, we see a shift away from the study of religious and political institutions and towards—or back towards, insofar as there was some crossover with the French ‘new History’ of the sixteenth century—civic morals, culture, and the structural conditions of social life. History expanded further from being an instruction in statecraft for public men to proffering more rounded edification in the form of vicarious experience of different spheres of life.
Turns to the Present
Authors: Bloxham Donald
Published: June 2020

Varieties of social History comprised the most successful initial challenge to political History, especially from the middle of the twentieth century. From the 1980s social History was gradually supplanted in prominence by a cluster of related historiographical developments concerned with language and culture. In the last fifteen years or so newer fashions have waxed, and to those too this chapter will attend, but, in terms of justifications for History, social History and the linguistic and cultural ‘turns’ remain especially important. Social-scientific social historians were more apt to assert History’s predictive value or at least its pragmatic contemporary importance at a time of industrialization beyond the north Atlantic—this was an update of History as Practical Lesson. Other social historians were to be found revising prevailing conceptions of the past with a view to altering politics in the present—disturbing ‘whiggish’ narratives, or inserting the marginalized into the historical record to fortify their voices now. This was History as Identity fused with History as Emancipation. ‘New cultural historians’ specialized in a version of History as Travel as they invoked exotic worlds past. They, like historians under the influence of Michel Foucault, who addressed culture through the prism of power, might adapt the Travel rationale, contrasting past ways of doing things with present ways in order to unmask the conventional, made and remade, character of social relations and of human-being, and thus the possibility of changing them. This was a Marxist agenda of History as Emancipation adapted for a post-Marxist philosophy.
Kant and Moral Responsibility for Animals
Authors: Varden Helga
Published: June 2020

This chapter claims that Kant has a consistent and not counterintuitive account of why we have the moral attitudes we do about animals and of how it is that these attitudes have the appearance of being about the animals themselves. It argues that Kant can explain why it doesn’t follow from this that these moral attitudes arise from attributing moral rights to the animals themselves. Central to this interpretation is Kant’s Religion, as it contains an account of human nature that adequately explains both why we have the positive attitudes we do towards animals and why we consider other occasions of attitudes towards animals as genuine examples of moral failure.
Against the Construction of Animal Ethical Standing
Authors: Garthoff Jon
Published: June 2020

This chapter argues against ‘standing egalitarianism’, the idea that there is a unique locus of ethical standing or status, and urges also that we should resist the idea that all entities who have ethical standing have it equally. It does so by engaging with Korsgaard’s recent work on animals and challenging its distinctive grounds for resisting standing egalitarianism. Drawing on the work of Tyler Burge, it argues for a different theory of the origin of value: values that matter came into the world with the first conscious beings; reasons were first possessed by the first judging beings; and moral obligations were first possessed by the first critically rational beings.
Energy Poverty and Energy Access
Authors: del Guayo Íñigo
Published: June 2020

This chapter makes an effort to clarify terminology, identifying three meanings of energy poverty (fuel poverty, the use of polluting fuels, and the lack of energy efficiency). A particular aim of the chapter is the distinction between energy poverty and energy access. The core part of the chapter is devoted to the links of energy poverty with the ‘energy trilemma’: security, efficiency, and sustainability. Legal instruments to fight energy poverty differ depending on the particular aspect of the ‘trilemma’ that is considered. The setting up of legally enforceable public service obligations is a traditional way of addressing energy poverty concerns in the light of energy security. The refinement of competition law can help to fight inefficiencies, which, in turn, may lower the rates of energy poverty. The need for a sustainable energy system underlines that energy law can help to reduce the use of fossil (polluting) fuels and increase energy efficiency.
Community Energy and a Just Energy Transition
Authors: Savaresi Annalisa
Published: June 2020

In recent years, measures to stimulate local and rural communities’ involvement in the generation of renewable energy have been rather optimistically promoted as a means to engender greater legitimacy in and democratization of energy governance, tackle fuel poverty, and deliver energy justice. This chapter assesses what we really know about community energy and its suitability to deliver an equitable energy transition. It scrutinizes evidence from selected EU Member States that have pioneered the mainstreaming of community energy through the lens of justice theories, with the objective to gauge whether and how these policies address core justice questions associated with the energy transition, and the role of law in providing an answer to these. This chapter aims to probe the sometimes uncritical assumptions about community energy, highlighting the complex, layered, conflicting justice claims that underlie its mainstreaming. In order to do this, the chapter distils a set of distributive, procedural, and restorative justice questions associated with community energy, and considers the way in which they have been addressed, drawing on examples from Denmark, Germany, and the UK.
Meanings of Energy Poverty in the South American Context
Authors: Montoya Milton F.
Published: June 2020

This chapter is a collective work that presents the different meanings of energy poverty in Colombia, Peru, Argentina, Chile, Venezuela, and Brazil. In each country, difficulties in access to energy, payment of the costs, vulnerable users, quality, and the main legal challenges facing the search for true energy justice are analysed. In South America, the definition of energy poverty takes into account complex factors recognizing not only weather and geographical differences in the region but also the variety of cultural, economic, and social perceptions over energy needs and consumption. Then, the definition applicable to Latin America takes into account more complex factors recognizing not only weather and geographical differences in the region but also the variety of cultural and social perceptions over energy needs and consumption.
Photography and the Real World
Authors: Morris Michael
Published: June 2020

Does a paradox arise for photographs which is analogous to the Paradox of Painting presented in Chapter One? If it were right to think that what we saw in a photograph were the real-world things which were in front of the lens, then it would not. This chapter argues that this view (associated with Scruton and Walton), that photographs are ‘transparent’, is wrong, and that related views (such as Hopkins’s view that they enable ‘factive seeing-in’) are at best problematic; it is argued that these views all depend on a failure to understand the nature of photography. Once we understand photography better, it seems that an analogous paradox must arise for photographs.
Paradox and Distraction in Novels
Authors: Morris Michael
Published: June 2020

This chapter raises a Paradox of Novels which is exactly analogous to the Paradox of Painting raised in Chapter One. This paradox is used to bring out the character of the currently dominant approaches to novels—those which appeal to make-believe or imagination (Walton or Stock, for example), those which take characters to be abstract objects (Salmon), and hybrid views (Kripke, Thomasson). The paradox is also shown to underlie the more familiar ‘Paradox of Fiction’. It is argued that the Non-Distraction Thesis holds for novels, just as it does for paintings and photographs, and the currently dominant approaches are found to be unable to respect that thesis. The roots of the problem are found in orthodox approaches to the philosophy of language, so the chapter prepares the way for a questioning of that orthodoxy.
Postscript
Authors: Morris Michael
Published: June 2020

The Postscript offers the beginning of an account of the point of artistic representation, if the main theory of the book is correct and fully general. What might the point of artistic representation in general be, if the Real-Likeness view applied to representation in all art forms? One point might be to provide a form of escapism: artistic representations would provide us with toy worlds into which we might escape: the details of this are explored a little here. But we might hope that artistic representations might help us to understand the real world; how they might do that is left unexplained.
Claire Angotti, Gilbert Fournier, and Donatella Nebbiai (eds.), Les livres des maîtres de Sorbonne: histoire et rayonnement du collège et de ses bibliothèques du XIIIe siècle à la Renaissance (Paris: Publications de la Sorbonne, 2017). ISBN 978-2-85944-993-3.
Authors: OSB Thomas Sullivan
Published: June 2020

This chapter discusses Les livres des maîtres de Sorbonne (2017) by Claire Angotti, Gilbert Fournier, and Donatella Nebbiai. This volume presents nine studies dedicated to the medieval Collège de Sorbonne of the University of Paris, to its famous and well-documented library, and to the development and use of the library's collections, vis-à-vis both subject matter and reader. All authors are experts in their respective fields, and bring to the subject matter a wealth of information and insight. Two of the studies situate the college in the context of the university and its library in the context of the libraries of Paris' other secular colleges. Meanwhile, material found in the Sorbonne's collection became the focus of two articles: commentaries on the Nicomachian Ethics and vernacular texts available for use in the library. The volume concludes with two instruments de travail useful for those studying the history of the book and the history of library: a lengthy, detailed, codicological guide to the library's manuscripts and an exhaustive annotated bibliography dealing with studies of the Sorbonne Library published between 1838 and 2017.
’Nother Tongue
Authors: Zuckermann Ghil'ad
Published: June 2020

This chapter analyses salient phonetic, phonological, morphological, syntactic, and lexical features in the fully fledged Israeli language. It illustrates the difficulty in determining a single source for the grammar of Israeli. The European impact in these features is apparent inter alia in structure, semantics, or productivity. The chapter demonstrates the ubiquitous multiple causation in Israeli and that the revival of a no-longer spoken language is unlikely without cross-fertilization from the revivalists’ mother tongue(s). Thus, one should expect revival efforts to result in a language with a hybridic genetic and typological character.