bluuebunny/crossref_metadata_2025_split huggingface dataset:
Jurisdiction and Justification
Authors: Raible Lea 
Published: July 2020

Abstract
This chapter argues, first, that existing accounts of jurisdiction are concerned precisely with capturing this necessary relationship between state and individual for a human rights obligation to be identified. It asks, second, what the desiderata for an account of jurisdiction are. I argue that the criteria are plausible guidance, a connection to an account of the nature of human rights, the ability to justify the allocation of obligations to a specific duty bearer, and non-arbitrariness in the sense of internal consistency. Third, the chapter analyses three sophisticated and influential accounts of jurisdiction. I ask, fourth, whether these accounts meet the desiderata and argue that they do not. The chapter concludes that there is a need to develop an account of jurisdiction that meets the success criteria.
A Concept of Power as the Basis of Jurisdiction
Authors: Raible Lea 
Published: July 2020

Abstract
This chapter takes up the first, conceptual step to develop a successful theory of jurisdiction. Based on how jurisdiction is described in views analysed in Chapter 3, but also in the literature on extraterritorial obligations in the area of economic and social rights, it shows that jurisdiction is often described by reference to a concept of power. I also show that it is common for courts and commentators to use terms such as power, control, or influence interchangeably. Following on from these insights, the main argument of the chapter is that the concept of power is rightly placed at the core of jurisdiction. However, this is only true for a clearly defined concept of power best understood as an ability. Based on this understanding, I show that power should be distinguished from influence, (use of) force, and control, respectively. These distinctions allow us to capture the difference between power, its exercise, the means through which it is manifested, and the outcome of the exercise of a given power.
Title to Territory and JurisdictionThree and a Half Models
Authors: Raible Lea 
Published: July 2020

Abstract
The very term ‘extraterritoriality’ implies that territory is significant. So far, however, my argument focuses on jurisdiction rather than territory. This chapter adds clarifications in this area. It examines the relationship of jurisdiction in international human rights law, whether understood as political power or not, and title to territory in international law. To this end, I start by looking at what international law has to say about jurisdiction as understood in international human rights law, and territory, respectively. The conclusion of the survey is that the two concepts serve different normative purposes, are underpinned by different values, and that they are thus not the same. Accordingly, an account of their relationship should be approached with conceptual care.
Connecting the DotsCase Studies
Authors: Raible Lea 
Published: July 2020

Abstract
This chapter illustrates the findings of this work with three case studies. It demonstrates how the understanding of extraterritoriality developed and defended here differs from and improves upon previous accounts. The chapter analyses bilateral cooperation in higher education between Ireland and Bahrain, the implications of a Special Economic Zone, run by Chinese shareholders in Nigeria, and export subsidies for sugar produced in the EU. The case studies cover a range of issues that implicate civil and political, as well as economic and social rights. In each of these case studies, I compare my account of jurisdiction as political power with previous accounts of jurisdiction and extraterritoriality in general. In detailing the disagreements, I show that the present approach is more successful than others in explaining extraterritorial human rights obligations of states. It allows us to assess very different scenarios according to the same principle: jurisdiction is required, and it is based on political power and the application of rules because this is what integrity and equality make it. The case studies show the present theory’s potential to supply plausible guidance in a principled manner, and across a very wide spectrum of cases.
Conclusion
Authors: Raible Lea 
Published: July 2020

Abstract
The conclusion revisits the central tenets and strands of the argument: how to understand interpretation, why jurisdiction is necessary, and how to account for it in international human rights law, how to relate it to territory, and how to apply jurisdiction as political power to a wide range of cases. It futher connects the theory of extraterritoriality developed in the previous chapters to wider considerations and takes stock of which questions have been answered and which questions remain. Finally, we consider why a narrow view of human rights might be our best option if we want to advance claims of global justice.
Introduction
Authors: Stahn Carsten 
Published: July 2020

Abstract
International criminal justice relies on messages, speech acts, and performatives practices, in order to convey social meaning. This introductory chapter sets this phenomenon into perspective. It argues that expression and communication are not only an inherent part of the punitive functions of international criminal justice, but represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. This account provides a novel lens to explain many of the complexities, weaknesses, and hidden contradictions of international justice. It highlights at the same time risks and tensions, such as the self-referential nature of meaning production, the use of binaries or stereotypes in legal discourse, the displacement of alternative truths or frames of reference or the creation of new social hierarchies. The social responsibilities and communicative structures that come with the expressive turn need to be re-visited.
International Criminal Justice and Expressivist Theory
Authors: Stahn Carsten 
Published: July 2020

Abstract
The origins of expressivism lie in sociology (e.g. Emile Durkheim) and communicative theories of criminal law (e.g. Joel Feinberg, Antony Duff). These ideas have been developed in contemporary criminal law doctrine (e.g. Günther Jakobs, Andrew von Hirsch, Tatjana Hörnle, Claus Roxin), transitional justice (e.g. Mark Osiel, Pablo de Greiff), and international criminal law. The chapter develops a contemporary theory of expressivism. It argues that expressivism is rooted in a communicative cycle between norms as messages, crimes as messages, and judicial responses. This triad provides an explanation for the functioning of expressivism. It can be divided into norm expression and diverse types of agent-related expression. Their application involves different tensions: empirics versus faith, power-related critiques, instrumentalism, and mediation of messages.
Procedural Expression
Authors: Stahn Carsten 
Published: July 2020

Abstract
The chapter examines to what extent international criminal proceedings enable discursive justice. It draws on performative theories (e.g. Julie Stone Peters) and semiotics to show that proceedings have symbolic, narrative, didactic, and transformative functions. They involve a stage, a plot, audiences, and scripting. In legal literature, these features are often associated with negative attributes, such as ‘show trials’ in the political sense. However, performance is not necessarily something negative. As Niklas Luhmann has demonstrated, role play, that is, the exercise of certain ascribed or expected roles in proceedings, may have certain positive effects. The chapter demonstrates how different agents in the criminal process (e.g. Prosecution, witnesses, Defence, victims, judges) have used narratives to convey messages to different audiences. It argues that international criminal proceedings encompass more performative, rather than truly discursive elements, due to their adversarial structures.
Introduction
Authors: Irwin Terence 
Published: July 2020

Abstract
In the ethical debates that begin with Socrates, some questions receive different answers and new questions arise from the old. (1) Some theories of morality take the good to be prior to the right. Others argue that the right is to be defined independently of the good. (2) Some conceptions of the good are subjective, in so far as they suppose that a person’s good consists in some subjective state of the person, such as pleasure, tranquillity, or the satisfaction of one’s desires. Other conceptions are objective, since they hold that one’s subjective states do not wholly determine whether or not one is well off. (3) Some views hold that one’s own good includes or requires the good of other people. Other views maintain that the good of others does not necessarily promote one’s own good.
Epicurus
Authors: Irwin Terence 
Published: July 2020

Abstract
Epicurus revives and modifies the hedonism of the Cyrenaics, but against them he maintains that the ultimate end is not simply the pleasure of the moment, but maximum pleasure over one’s life as a whole. When we keep this goal in mind, we see that we maximize pleasure over our lives if we achieve tranquillity and freedom from disturbance. Enlightened hedonists therefore will not prefer a life of strong desires followed by strong feelings of pleasure that lead in turn to further strong desires that demand satisfaction, but will prefer desires that are easily satisfied. For the same reasons enlightened hedonists cultivate the recognized virtues of character; they will be temperate and just for the sake of tranquillity.
Morality and Social Human Nature
Authors: Irwin Terence 
Published: July 2020

Abstract
One important link that connects mediaeval and modern moral philosophy is the theory of natural law and the natural basis of moral rightness and wrongness. Suarez claims to defend a ‘middle way’ between the views of Aquinas and the voluntarists (Scotus and Ockham). Since natural law is genuine law, it depends on commands, and therefore on divine commands. But the precepts of natural law are not the principles of morality. Right and wrong are constituted by facts about human nature, and not by any commands, divine or human. Suarez therefore is to some extent a voluntarist about natural law, but a naturalist and objectivist about morality. Grotius agrees with Suarez that the moral basis of natural law consists in facts about human nature. These facts support objective moral principles that do not depend on the laws of any particular state.
Voluntarism, Naturalism, and Moral Realism
Authors: Irwin Terence 
Published: July 2020

Abstract
Pufendorf criticizes Hobbes from a voluntarist point of view. He argues that if there were no divine commands, Hobbes would be right to derive morality from self-interest. Divine commands introduce the element of morality that goes beyond self-interest. Suarez is wrong, therefore, to believe in objective morality without divine commands. Shaftesbury attacks both egoists and voluntarists as ‘nominal moralists’ who overlook the objective reality of moral rightness and wrongness. Cudworth defends this position, arguing that any attempt to derive genuine morality from commands leads to a vicious regress. Clarke argues, from a position similar to Cudworth’s, that Hobbes cannot consistently maintain his view that nothing is morally right or wrong without enforcement by an organized state.
Sentimentalism: A Non-Rational Ground for Morality
Authors: Irwin Terence 
Published: July 2020

Abstract
Sentimentalists (including Hutcheson and Hume) take morality to rest on emotions and sentiments, not on practical reason. They argue that reason cannot be the primary guide of action, because it can only find means to ends that appeal to our emotions. Since moral judgments guide our actions, they must depend on emotions and cannot be rational judgments about objective facts. Right and wrong are partly constituted by our emotions of approval and disapproval. Our moral emotions approve of benevolence, and therefore our moral outlook is utilitarian. Even the sentiments that belong to the apparently non-utilitarian rules of justice can be explained by reference to a utilitarian outlook.
Rationalism: A Rational Ground for Morality
Authors: Irwin Terence 
Published: July 2020

Abstract
Rationalists (including Butler, Price, and Reid) defend an alternative to the sentimentalist position, in three main areas: (1) Against the view that practical reason is subordinate to non-rational desire, they argue that some of our actions result from desires that are responsive to reason, so that we are guided by the apparent merits of different course of action, not just by our non-rational preferences. (2) Against the view that moral judgments depend on our emotions, and moral facts are partly constituted by our emotional reactions, they argue that moral judgments cannot be understood unless we recognize that they are rational judgments about objective facts. (3) Against the view that our moral outlook is utilitarian, they argue that utility is only one relevant moral consideration, and that we have good reason to attend to justice, generosity, and other aspects of morality that are not subordinate to utility.
Schopenhauer
Authors: Irwin Terence 
Published: July 2020

Abstract
According to Schopenhauer, Kant is right on two points: (1) Morality is to be separated from self-interest. (2) The categorical imperative states a universal law for all rational agents. But Kant is wrong to believe that his second point supports the first. The only purely rational aspect of morality is a demand for consistency that is compatible with any content whatever. We understand morality only when we see that it rests on compassion for others, which moves us to care about the welfare and suffering of others for their own sake. The right moral outlook requires us to overcome two errors about the reality of other people: (1) Egoism rests on failure to recognize that other people are just as real as I am. (2) Compassion requires us to see that there is no real distinction between myself and other people.
Utilitarianism
Authors: Irwin Terence 
Published: July 2020

Abstract
While Hutcheson and Hume present a utilitarian outlook, Mill and Sidgwick offer a systematic defence of it. They argue: (1) Utilitarianism makes sense of ordinary moral beliefs, so that anyone who takes these beliefs seriously has good reason to be a utilitarian. The utilitarian principle is the primary principle that explains the approximate truth of the secondary principles—ordinary moral rules. Apparent exceptions to utilitarianism—e.g., principles about justice and rights—can be reconciled with it. The hedonist theory of value—suitably interpreted—can explain the widespread view that pleasure is not the only good. (2) Utilitarianism follows from basic principles of practical reason, so that anyone who questions ordinary moral beliefs still has good reason to be a utilitarian. Once we understand that rational concern for our own interest requires us to aim at our own greatest good, without caring more or less about different times, we see that rational concern for everyone’s interest requires us to maximize the total good, without caring about whether this or that person gets more of it.
Beyond Kantian and Utilitarian Morality: An Idealist Alternative
Authors: Irwin Terence 
Published: July 2020

Abstract
Green and Bradley believe that a Hegelian conception of self-realization allows us to recognize what is true and false in utilitarian and Kantian views, and to see the connexion between these modern views and Aristotelian eudaemonism. A free and rational will aims at self-realization, the fulfilment of one’s capacities as a rational agent. This is different from, and more plausible, than, the utilitarian conception of one’s good as maximum pleasure. Moreover, attention to self-realization helps to explain why we should not recognize any basic conflict—either for utilitarian or for Kantian reasons—between the requirements of self-realization and the demands of morality. Since the realization of one’s own capacities includes the realization of those that essentially involve relations to other people, it requires us to belong to a social and moral system in which we occupy roles that achieve one’s good as a member of a well-ordered society.
Benefits of Adding Gluteal Dry Needling to a Four-Week Physical Exercise Program in a Chronic Low Back Pain Population. A Randomized Clinical Trial
Authors: Martín-Corrales Cristina , Bautista Irene Victoria , Méndez-Mera José Enrique , Fernández-Matías Rubén , Achalandabaso-Ochoa Alexander , Gallego-Izquierdo Tomás , Nuñez-Nagy Susana , Pecos-Martín Daniel 
Published: July 2020

AbstractObjectiveTo determine if adding dry needling to a four-week exercise program has an additional benefit compared with adding sham dry needling to the same exercise program in subjects with chronic low back pain.DesignRandomized clinical trial.SettingPhysiotherapy and Pain Clinic of Alcala University.SubjectsForty-six patients with chronic low back pain.MethodsSubjects were randomized to two groups: the dry needling group (N = 23) or sham dry needling group (N = 23). Both groups received a four-week exercise program and before the exercise started a session of dry needling or sham dry needling. Pain (visual analog scale), disability (Roland-Morris Questionnaire), and fear avoidance beliefs (Fear Avoidance Beliefs Questionnaire) were assessed at baseline, after treatment, and at three-month follow-up. Pressure pain thresholds (algometer) were measured at baseline, after the dry needling or the sham dry needling, and after treatment.ResultsBoth groups showed significant improvements for all variables. In the between-group comparison, the dry needling group improved significantly in pain at three-month follow-up and pressure pain thresholds at the end of treatment for all measures, and at three-month follow-up there was no improvement in gluteus medium.ConclusionsIn chronic low back patients, adding dry needling to a four-week exercise program has an additional benefit in pain and sensitivity compared with adding sham dry needling to the same exercise program.
Burden of illness among subgroups of patients with primary Sjögren’s syndrome and systemic involvement
Authors: Gairy Kerry , Knight Claudia , Anthony Papa , Hoskin Ben 
Published: July 2020

Abstract

Objectives
To describe how patients with primary SS (pSS) and systemic organ involvement are classified and clustered in routine practice.

Methods
This multinational, cross-sectional survey of real-world quantitative data was conducted across Europe and the US. Rheumatologists who treated seven or more adult patients per month with pSS and current/past systemic manifestations undertook a survey before completing a patient record form capturing demographic, clinical and treatment information for their next six eligible patients. Patients with a completed patient record form were invited to complete a patient self-completion questionnaire capturing insights into their disease and treatment. Subgroups were defined by physicians’ assessment of disease severity; clusters were derived based on key clinical characteristics using latent class analysis.

Results
Rheumatologists completed 316 physician surveys and 1879 patient record forms; 888 patients completed the patient self-completion questionnaire. pSS severity reflected organ involvement and symptomatology. Latent class analysis produced five clusters distinguished by the organ systems involved and the presence of pain and fatigue symptoms at the time of the survey. A minority of patients [n = 67 (4%)] were categorized with multiple organ involvement and the highest frequency of pain and fatigue. A total of 324 patients (17%) were categorized as ‘low burden’. The remaining three clusters exhibited high frequencies of articular involvement but were distinguished by the extent of other organ system involvement.

Conclusion
Cluster analysis using a real-world cohort of patients with pSS and systemic organ involvement highlights the heterogeneous presentation of patients with pSS and confirms the importance of pain and fatigue as well as organ involvement when determining disease burden.
The dysregulation of monocyte subpopulations in individuals at risk of developing rheumatoid arthritis
Authors: Prajzlerová Klára , Kryštůfková Olga , Komarc Martin , Mann Heřman , Hulejová Hana , Petrovská Nora , Gregová Monika , Hánová Petra , Pavelka Karel , Vencovský Jiří , Šenolt Ladislav , Filková Mária 
Published: July 2020

Abstract

Objectives
Individuals carrying antibodies against citrullinated proteins (ACPA) are at high risk of developing RA. EULAR provided a clinical definition of individuals with arthralgia suspicious for progression to RA (clinically suspect arthralgia, CSA). The alteration of monocyte subpopulations in patients with established RA has been previously described. We analysed peripheral blood monocyte subpopulations in individuals with arthralgia at risk of RA.

Methods
We included 70 at-risk individuals, defined as having arthralgia without arthritis and being either ACPA+ or meeting the clinical CSA definition, 23 patients with early RA (ERA) and 19 healthy controls (HCs). Monocytes classified as classical (CD14++CD16−), intermediate (CD14++CD16+/++) and nonclassical (CD14−/+CD16++) were analysed by flow cytometry.

Results
Of the 70 at-risk individuals, 46 were ACPA+ and 45 met the CSA definition. The at-risk individuals and, especially, ERA patients had a lower percentage of classical monocytes and a higher percentage of nonclassical monocytes than the HCs. ACPA positivity had no effect on the difference in the distribution of the monocyte subsets between at-risk individuals and ERA patients, but a difference was determined in those reaching the ERA phase. However, when compared with HCs, the shift of monocyte subsets was more significant in ACPA+ than in ACPA− individuals with arthralgia. This trend was observed in individuals who did not meet the CSA definition. This finding was, however, determined by a selection bias, as these individuals were solely ACPA+.

Conclusion
The shift from classical to nonclassical monocyte subpopulations was observed already in individuals at risk of developing RA.