bluuebunny/crossref_metadata_2025_split huggingface dataset:
Discovering Passive Virtues
Authors: Zglinski Jan 
Published: June 2020

Abstract
This chapter provides a normative evaluation of the use of deference in free movement law. It pursues the question as to whether the European Court of Justice's increasing withdrawal from exercising substantive scrutiny over national laws is a welcome or worrying trend. The issue touches upon some fundamental questions of EU constitutional law. Since the Treaty of Maastricht, the EU has embraced a number of conflicting constitutional goals. They concern the place of democratic governance, the question of federalism, and the uniformity of European law. The margin of appreciation and decentralized judicial review stand in the crossfire of these developments, which makes delineating an appropriate scope for the two doctrines challenging. The chapter proposes a solution based on the ideas of representation and expertise, which reconciles the fundamental constitutional commitments of the EU with insights from comparative institutional analysis.
Political Accountability: Unsteady Parliamentary Involvement
Authors: Moser Carolyn 
Published: June 2020

Abstract
This chapter takes a look at political accountability for EU peacebuilding activities carried out under the CSDP. It starts with some reflections on parliamentary scrutiny in the domaine réservé, a policy field where parliamentary activity has traditionally been low, but becomes increasingly salient given the growing scope and impact of international policy-making. The chapter then develops a discussion of the fairly limited oversight role of national parliaments regarding EU security and defence. General patterns of parliamentary involvement and particular features of scrutiny related to EU peacebuilding activities are assessed. Afterwards, a thorough analysis of law and practice highlights the enhanced significance of the European Parliament as political forum in the CFSP/CSDP context through a range of formal and informal vehicles which, however, only marginally contribute to parliamentary scrutiny of civilian missions. Lastly, this chapter ascertains the hurdles to interparliamentary cooperation and, in its final section, underscores the significance of effective supranational parliamentary scrutiny of peacebuilding activities in the edifice of Europeanized intergovernmentalism.
The Authority of the Administration
Authors: McLean Janet 
Published: June 2020

Abstract
The authority claims of the administration have undergone radical change with consequences for the shape and content of administrative law. In the seventeenth century, authority was claimed in office, as a means to limit the imposition of the King’s will and to secure the independence of officials, especially the judges. In the eighteenth century, virtue, property, and independence became the basis for office, and the common law sought to enhance such authority through notions of public trust. After the nineteenth-century transition to more centralised and bureaucratic hierarchy, democracy became the new source of authority for the administration, reinforced by the ultra vires doctrine. In each era, the authority claims of the administration have been reflected in the frameworks for judicial supervision. In this way the common law has simultaneously constituted and controlled authority. In the present day we are in the process of rethinking whence administrators derive their legitimate authority and the theoretical foundations of judicial review. Beginning with the authority claims of the administration and framing a juridical response which reflects and tests such claims would be a good place to start.
Public Law Cases and the Common Law
Authors: Young Alison L 
Published: June 2020

Abstract
This chapter argues that, despite the weaknesses of common law reasoning, case law still plays an important role in UK public law. It also explains how weaknesses in common law reasoning are resolved either through developing taxonomies which apply in a rule-like manner, or through moving towards reasoning from first principles. An argument could be made that, at an abstract level, public law is more suited to reasoning from first principles rather than adopting a taxonomical approach. However, this is a weak argument. A stronger argument recognises that specific aspects of public law lend themselves to either a taxonomical or a principled approach, depending on the relative importance of certainty and accuracy; formal and substantive equality and the relative importance of the rule-maker and the rule-applier.
Proceduralism and Automation
Authors: Harlow Carol , Rawlings Richard 
Published: June 2020

Abstract
In this chapter, we argue that administrative procedure has become a central organising concept for administrative law. Our first theme is the steady proceduralisation of public administration experienced in recent years, in the framework of a relationship between courts and administration which we present as a two-way, non-hierarchical process. We look first at internal drivers to proceduralisation emanating from administration, notably the managerial reforms of the 1980s and the rise of regulation as a standard governance technique. We then turn to the contemporary case law of judicial review, focussing on the judicial response to, and stimulus for, administrative proceduralism. Our second theme is the idea of procedures as a repository for values and of values as an important, though often subliminal, driver of administrative procedure. We look at the potential for exchange as well as dissonance between public administration and administrative law. Our third theme concerns challenges to administrative law from the technological revolution currently under way. The impact of automation on public administration was at first rather modest; today, however, technology is taking great leaps forward—from computerisation to artificial intelligence and beyond. The innovations have so far been welcomed as beneficial—faster and more consistent administration, swifter and less costly courts and tribunals. It is time to recognise that we are facing a paradigm change, in which key values and procedures of administrative law, such as transparency, accountability, individuation, and due process, will need to be supported and sustained.
The Foundations of the Duty to Give Reasons and a Normative Reconstruction
Authors: Mendes Joana 
Published: June 2020

Abstract
Despite operating in highly constrained legal environments, executive actors may act in a constitutive capacity. This observation prompts a critical assessment of the role of procedural principles in EU administrative law. As norms of conduct deployed by executive bodies during the process of implementing norms, procedural principles may have legal dimensions that, while constitutionally relevant, may not come to the fore in judicial review. The chapter develops this argument with regard to the multifaceted character of the duty to give reasons. It argues that the duty to give reasons ought to ensure the constitutional embeddedness of the constitutive action of EU executive bodies. Such role is consistent both with the original relevance of the duty to give reasons to the law of integration (in the context of the European Coal and Steel Community) and with the current EU constitutional framework. The latter justifies reinstituting the original constitutional function of the duty to give reasons, irrespective of its current scope in the context of judicial review.
Six Dimensions of Public Law
Authors: Craig Paul 
Published: June 2020

Abstract
This chapter draws on the six dimensions of public law covered in the book: theory, institutions and accountability, constitutions and rights, process and procedure, legislation, and case law. It links discussion of these dimensions, by considering how they have been affected by Brexit. The chapter is not concerned with the contending arguments for leaving or remaining in the European Union. The focus is on the way in which Brexit has ‘pressure-tested’ the public law regime in the United Kingdom and the European Union. The six dimensions of public law that are discussed in the preceding chapters form the architectural frame through which the impact of Brexit on the public law regimes is assessed in both the United Kingdom and the European Union.
Comparing Interpretations of States’ and Non-State Actors’ Obligations Toward Cultural Heritage in Armed Conflict and OccupationMilitary Manuals and the Law of War
Authors: Varner Elizabeth 
Published: June 2020

Abstract
The 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict (1954 Hague Convention) remains the leading treaty on the treatment of cultural heritage during armed conflict and occupation. After several decades of relative dormancy, eleven States have joined the 1954 Hague Convention in the last decade, including two major military powers: the United States and the United Kingdom. In addition to the 1954 Hague Convention, a host of laws touch on the protection of cultural property in armed conflict, as well as those under customary international law. Nonetheless, there are disagreements in interpretations of States’ obligations toward cultural property during armed conflict stemming from a variety of factors. These factors can include: whether States are Parties to the instrument that conveys the obligation or if the obligation is one of customary international law, which itself is often contested; the individual State’s interpretation; interpretation by tribunals; and a plethora of other factors. Given these discrepancies in interpretation, a review of States’ military manuals is useful to see if they shed any light on the State’s interpretation of their obligations toward cultural property under the law of armed conflict (LOAC) and international obligations in LOAC more generally. This chapter will analyze and compare the military manuals of the United States and the United Kingdom to determine how they elucidate several key issues in the protection of cultural property during armed conflict, such as the definition of ‘cultural property’, requirements for ‘respect’, the doctrine of military necessity, and laws applicable in non-international armed conflicts.
Military Intervention, the UN Security Council, and the Role of UNESCOThe Case of Mali
Authors: Schorlemer Sabine von 
Published: June 2020

Abstract
Intentional destruction of cultural heritage by extremist non-State actors—be it by the Taliban in Afghanistan, the Islamic State (ISIS or ISIL) in Syria, Iraq, and Libya, or Boko Haram in Nigeria—is on the rise. Using the destruction of cultural heritage in Mali in 2012–13 as a case study, this chapter argues that the creation of the self-proclaimed independent State of ‘Azawad’ in Mali became a ‘test case’ for the United Nations’ will and capacity to prevent further destruction of world cultural heritage, and it also analyzes the legal foundation of the 2013 French military Operation Serval in Mali. It also discusses the responsibility to protect as applied to cultural heritage, evaluates the subsequent deployment of the United Nations MINUSMA, and evaluates the mandate given by UN Security Council Resolution 2100 (2013), the first in UN history that included comprehensive protection of cultural and historical sites as a task of a UN peacekeeping operation. Therefore, the chapter reviews critically not only the mandate of MINUSMA, but also its potential relevance concerning future culture-embedded UN peace missions, and also contributes to the debate of the usefulness of more ‘robust’ cultural protection action by the United Nations.
The Role of UNESCO in the Elaboration and Implementation of International Art, Cultural Property, and Heritage Law
Authors: Carducci Guido 
Published: June 2020

Abstract
This chapter analyzes the role of UNESCO in the elaboration and implementation of its international law instruments (conventions, recommendations, declarations) concerning artifacts, cultural property, and heritage. The elaboration of such instruments is not a simple matter. It requires, first, a clear decision from the majority of Member States that such elaboration is desirable; second, significant preparatory work from the UNESCO’s Secretariat to submit a first draft; third and throughout the elaboration of the instrument, negotiation of each of the draft text’s provisions among the numerous Member States’ legal and cultural property (or heritage) experts. Once the elaboration is completed and the General Conference of UNESCO adopts the instrument in its final version, UNESCO’s role then starts as to the implementation of its conventions by States Parties.
The UN Security Council, the Human Rights Council, and the Protection of Cultural HeritageA Matter of Peace and Security, Human Rights, or Both?
Authors: Hausler Kristin 
Published: June 2020

Abstract
The UN Security Council and the UN Human Rights Council have increasingly addressed the destruction of cultural heritage in recent years, reflecting an expanded focus on cultural heritage protection across the UN system. This chapter examines the approaches of these two bodies to cultural heritage destruction and explores how their approaches have mutually reinforced each other but also reflected their different mandates: international peace and security and international human rights, respectively. This chapter starts with an analysis of some of the key Human Rights Council resolutions on the matter, as well as the work of its special procedures, in particular the Special Rapporteur in the Field of Cultural Rights. It then looks at the resolutions of the Security Council both to assess the manner in which the Security Council has introduced cultural heritage destruction to the peace and security agenda and also to identify whether the Security Council has additionally addressed such destruction as a human rights violation. The chapter concludes with discussion of whether a human rights approach to cultural heritage destruction should be adopted more widely.
Balancing Scenarios
Authors: Ausloos Jef 
Published: June 2020

Abstract
Having defined the mechanics of (GDPR) balancing in Chapter 5, this chapter explores three concrete balancing scenarios. The three scenarios are selected based on their prevalence in the information society services (ISS) context, and on the different types of entities they generally represent: (a) commercial interests, mainly relating to the ISS provider; (b) information freedoms, mainly relating to third parties such as users of the ISS provider; and (c) research and security interests, mainly representing a shared or common interest. It appears from a combined reading of the GDPR, policy documents, and CJEU case law that as a general rule, commercial interests cannot trump data subjects’ interests when exercising their right to erasure or to object. When these rights affect the information freedoms of third parties, the GDPR requires powerful ISS providers to take up their responsibility, but only insofar as they actually control the respective information processing operations. In order for research interests to be able to override data subject rights, it will generally have to be carried out in the public interest and severely hampered by anonymization. With regard to security interests, finally, the processing will have to be strictly necessary, effective, and proportionate. Overall, this chapter clearly demonstrates how fair balancing is an inherently open-ended legal exercise. The GDPR tries to provide some structure, inter alia by setting clear defaults in favour of different rights, freedoms or interests that might be particularly at risk in certain situations.
The Moral Challenge of Radical Asymmetry
Authors: Renic Neil C. 
Published: June 2020

Abstract
This chapter summarizes the main contentions of the book. This begins with an examination of the enduring role of reciprocal risk in the nature of war, followed by its more specific role in the moral justifications for battlefield violence. The historical challenge of asymmetry will also be examined. The chapter will then outline the theoretical and empirical challenge of radically asymmetric violence. It argues that in both significance and implications, the moral tension generated by the UAV-exclusive violence of the United States is qualitatively distinct from previous episodes of asymmetry. The chapter concludes by exploring the potential of radical asymmetry to undermine essential restraints between warring parties.
Sophocles,PhiloctetesandOedipus at Colonus
Authors: Hutchinson G. O. 
Published: June 2020

AbstractTragedy presents motion visually, but this is only part of one level of motion. Actual but unseen motion and metaphorical motion interact with stage motion in the rich mythology and language of tragedies. Tragic plots involve motion beyond the stage and are part of larger myths of motion; lyric and speech in Antigone and OT exhibit dense complexes of poetry, events, action. The tragic language of motion is elaborate; each of Sophocles’ plays has its specialities. Tragedy likes speed; but the Philoctetes and OC exploit laborious movement, fraught with long suffering. They survey through motion Philoctetes’ solitary disability and Oedipus’ old age with his daughter. The passages looked at include Philoctetes telling of his endeavours to get food, an attack on stage in which he falls down, the moral and dramatic intricacies of attempted joint motion with Neoptolemus, Antigone being carried off, the winds assailing old age, the failed journey of Oedipus’ son. They manifest: the difficult specifics of movement, graphic stage movement, interweaving of drama and metaphor, groups and individuals, near-authorial lyric, obstinate immorality. Motion in the plays ranges from imagined entry into heaven or the underworld to pain within the body and awkward sitting down. The chamber Philoctetes offers a vast breadth of motion; the fixed OC shows constant fluctuation.
Battlefields from Event to Heritage
Authors: Carman John , Carman Patricia 
Published: June 2020

AbstractWhat is—or makes a place—a ‘historic battlefield’? From one perspective the answer is a simple one—it is a place where large numbers of people came together in an organized manner to fight one another at some point in the past. But from another perspective it is far more difficult to identify. Quite why any such location is a place of battle—rather than any other kind of event—and why it is especially historic is more difficult to identify. This book sets out an answer to the question of what a historic battlefield is in the modern imagination, drawing upon examples from prehistory to the twentieth century. Considering battlefields through a series of different lenses, treating battles as events in the past and battlefields as places in the present, the book exposes the complexity of the concept of historic battlefield and how it forms part of a Western understanding of the world. Taking its lead from new developments in battlefield study—especially archaeological approaches—the book establishes a link to and a means by which these new approaches can contribute to more radical thinking about war and conflict, especially to Critical Military and Critical Security Studies. The book goes beyond the study of battles as separate and unique events to consider what they mean to us and why we need them to have particular characteristics. It will be of interest to archaeologists, historians, and students of modern war in all its forms.
Conclusion
Authors: Carman John , Carman Patricia 
Published: June 2020

AbstractThis chapter offers a review of the book as a whole and the contribution it makes to understanding historic battlefields as particular kinds of place. Here the aim of contributing to Critical Military and Strategic Studies is made clear by highlighting the benefits of taking a long-term approach to the investigation of sites of conflict. It looks at the battlefield as a particular kind of object that is the creation of perception, which challenges conventional readings. Reflecting on the preceding chapters, this concluding chapter discusses ideas about human security, the institutions involved in military conflict, warfare practices and processes, and approaches to space.
The Comparison of Animals
Authors: Callanan John J. 
Published: June 2020

Abstract
This chapter discusses the historical context of Kant’s theory of animal minds. The continuity thesis is discussed. This is the claim that, whatever the variations in their mental lives, animal and human minds manifest no differences in kind but rather exhibit the same general type of mental capacities merely exercised with very different degrees of sophistication. Kant is an ardent denier of the continuity thesis in that he claims that human beings are different in kind from animals by virtue of our ability for self-conscious understanding and the opportunities for normative self-determination that this ability affords. The approaches of Montaigne, Descartes, and Bayle are outlined. It is claimed that the relevant cognitive achievement with which Kant was concerned was that of the comparison of representations with each other and the noting of similarity or difference. It is argued that Kant adopted an analogy strategy, which claims that animals possess a capacity for the comparison of representations that is only analogous to human beings’ representational capacity.
What Do Animals See? Intentionality, Objects, and Kantian Nonconceptualism
Authors: Golob Sacha 
Published: June 2020

Abstract
This chapter addresses three questions concerning Kant’s views on non-rational animals: do they intuit spatio-temporal particulars, do they perceive objects, and do they have intentional states? The aim here is to explore the relationship between these questions and to clarify certain pervasive ambiguities in how they have been understood. The chapter first disambiguates various non-equivalent notions of objecthood and intentionality: It then looks closely at several models of objectivity present in Kant’s work, and at recent discussions of representational and relational theories of intentionality. Ultimately it is argued that, given the relevant disambiguations, the answers to all three questions will likely be positive. These results both support what has become known as the nonconceptualist reading of Kant, and make clearer the price that the conceptualist must pay to sustain his or her position.
Kant on Evolution: A Re-evaluation
Authors: Cohen Alix 
Published: June 2020

Abstract
Kant’s remark about the impossibility of there ever being a Newton of a blade of grass has often been interpreted as a misguided pre-emptive strike against Darwin and evolutionary theories in general. This chapter aims to re-evaluate this claim in the context of Kant’s account of organic generation and argue that, contrary to what is usually thought, it does leave room for the possibility of evolution. To do so, I examine Kant’s theory of generation and draw its implications for biological heredity, species diversity, and the role played by environmental factors in organic development. On this basis, I suggest that, first, evolution is a possible albeit far-fetched hypothesis for Kant, and second, Darwin’s theory of natural selection would have turned a far-fetched possibility into a plausible candidate. As I go on to argue, however, despite its explanatory success, the Darwinian account would not have disposed of the need for teleology. This is why Darwin could never have been a Newton of a blade of grass.