bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Essential Link between Proportionality and Necessity in the Exercise of Self-Defense
Authors: Corn Geoffrey S. 
Published: November 2020

Abstract
The lawful use of force in the exercise of individual or collective self-defense by states requires compliance with the universally recognized elements of necessity and proportionality. Both of these elements frame the justification of resorting to self-help action. These two elements of self-defense, while often treated as distinct requirements, may be better understood as integrated into the assessment of overall strategic justification, with proportionality defining whether the scope and duration of military action in self-defense is genuinely necessary to protect against the unlawful threat. Thus, there is logic in conceptualizing proportionality not as distinct from the necessity requirement but as an integral component of that requirement. Linking proportionality assessments to the necessity of acting in self-defense leads to a rational link between the threat requiring self-defense action and the strategic scope and duration of operations to protect against that unlawful threat. This will contribute to careful tailoring of self-defense military operations to the overall nature of that threat. Of equal importance, this strategic-oriented focus will ideally offset the temptation to judge jus ad bellum proportionality by applying jus in bello principles. If nothing else, greater emphasis on the important differences between these two variants of the international legal proportionality requirement will enhance the impact on each of these variants on the success and legitimacy of self-defense operations.
Drones Programs, the Individualization of War, and the Ad Bellum Principle of Proportionality
Authors: Mignot-Mahdavi Rebecca 
Published: November 2020

Abstract
This chapter describes how drone programs facilitate the individualization of war and intensify the pressures put on the right of self-defense. Rather than using force in self-defense against an (imminent) act, some states active in the transnational war on terror use force in self-defense against individuals based on their personal characteristics. This strategy leads to authorizing action against individuals who are not presently perpetrating, nor even clearly preparing to engage in, threatening acts. The chapter argues that these changes are not merely the result of how states decide to use force in the context of counterterrorism but also are impacted by what technology allows them to do. As such, drones facilitate and arguably intensify these phenomena of individualization and dematerialization of the use of force. Focusing on one of the justifications for this practice, namely, the right of self-defense, the chapter argues that the framework articulated by some states active in the transnational war on terror, while still highly contested on some points, offers a framework for the continuous anticipation of armed attacks by individuals who show signs of continuing armed activity. The chapter shows that under pressure by state practice and rhetoric, some limitations on using force that were initially interpreted restrictively are currently interpreted extensively. More importantly, the chapter argues that even if some limitations remain, the concessions to the extensive interpretation appear to have a direct cascade effect on the remaining conditions precisely because these limitations are interconnected. It is ultimately shown that this cascade effect is epitomized by the principle of proportionality which is not only extended but transformed to adapt to the individualization of war.
Article 51’s Reporting Requirement as a Space for Legal Argument and Factfulness
Authors: van den Herik Larissa 
Published: November 2020

Abstract
Uncertainties continue to exist as regards the function, contents, and application of the proportionality principle in the context of the right to self-defense. Similarly, it has been suggested that the principle of necessity gains new meaning in the context of non-state actor self-defense as it provides the basis for an unwilling/unable test, but this test remains disputed. While appreciating the wealth of scholarly writings on these ad bellum principles, this chapter aims to reflect on how states can be pulled into the conversation more clearly with a view to clarifying the law. It explores how more space can be created for legal argument and factfulness in use of force discourse by states. Specifically, the chapter seeks to enhance necessity and proportionality discourse through the strengthening of U.N. Security Council reporting structures. Building on ideas to “proceduralize Article 51,” the chapter suggests the development of reporting requirements for any use of force on the basis of a duty to explain. It also proposes a more comprehensive architectural rethinking of the institutional environment in which adherence to and application of the necessity and proportionality principles are tested and contested.
Toward the Special Computer Law of Targeting
Authors: Kurosaki Masahiro 
Published: November 2020

Abstract
One of the implications of fully autonomous weapons systems (AWS) as an independent decision maker in the targeting process is that a human-centered paradigm should never be taken for granted. Indeed, they could allow a law of armed conflict (LOAC) debate immune from that paradigm all the more so because the underlying “principle of human dignity” has failed to offer convincing reasons for its propriety in international legal discourse. Furthermore, the history of LOAC tells us that the existing human-centered approach to the proportionality test—the commander-centric approach—is, albeit strongly supported and developed by states and international criminal jurisprudence, particularly since the end of the Second World War, nothing more than a product of the time. So long as fully AWS exhibit the potential for better contribution to the LOAC goals to protect the victims of armed conflict than human soldiers, one could thus seek an alternative computer-centered approach to the law of targeting—a subset of LOAC—tailored to the defining characteristics of fully AWS in a manner to maximize their potential as well as to make the law more responsive to the needs of ever-changing battlespaces. With this in mind, this chapter aims to relativize the absoluteness of the existing human-centered approach to the proportionality test—which is not to deny the role of humans in the overall regulations of fully AWS whatsoever—and then, away from that approach, to propose an alternative one dedicated to fully AWS for their better regulation in response to the demands of changing times.
Reviving Rationality
Authors: Livermore Michael A. , Revesz Richard L. 
Published: November 2020

Abstract
Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health explains how Donald Trump destabilized the decades-long bipartisan consensus that federal agencies must base their decisions on evidence, expertise, and analysis. Administrative agencies are charged by law with protecting values like stable financial markets and clean air. Their decisions often have profound consequences, affecting everything from the safety of workplaces to access to the dream of home ownership. Under the Trump administration, agencies have been hampered in their ability to advance these missions by the conflicting ideological whims of a changing cast of political appointees and overwhelming pressure from well-connected interest groups. Inconvenient evidence has been ignored, experts have been sidelined, and analysis has been used to obscure facts rather than inform the public. The results are grim: incoherent policy, social division, defeats in court, a demoralized federal workforce, and a loss of faith in government’s ability to respond to pressing problems. This experiment in abandoning the norms of good governance has been a disaster. Reviving Rationality explains how and why our government has abandoned rationality in recent years, and why it is so important for future administrations to restore rigorous and even-handed cost-benefit analysis if we are to return to a policymaking approach that effectively tackles the most pressing problems of our era.
Politics and Regulation
Authors: Livermore Michael A. , Revesz Richard L. 
Published: November 2020

Abstract
One of the defining features of politics in the contemporary United States is the central role played by the actions, or inactions, of federal administrative agencies. The complex nature of many policy problems, coupled with the limited ability of Congress to act, has frequently led to statutes that delegate to specialists the task of translating broad policy mandates into fine-tuned regulations. To balance the need for democratic accountability with values such as expertise and impartiality, both political parties have constructed a system of guardrails that cabins political influence over agencies. Some of these guardrails are external and include judicial review under the Administrative Procedure Act. Other guardrails are internal to the executive branch. Among the most important of these internal constraints is the use of cost-benefit analysis to inform regulatory decision making.
A Threatening Synthesis
Authors: Livermore Michael A. , Revesz Richard L. 
Published: November 2020

Abstract
Despite objections from certain constituencies, President Obama placed cost-benefit analysis at the very center of his administration’s governing philosophy. He also pursued an aggressive agenda of new regulatory protections for public health, consumers, and the environment. His time in office demonstrated in powerful terms that cost-benefit analysis need not be associated with an anti-regulatory agenda. The synthesis of cost-benefit analysis and a progressive regulatory agenda helped mitigate intraparty conflict among Democrats but also opened up fissures among prior supporters of cost-benefit analysis, who assumed that its use would generally lead to less regulation.
Manipulating Transfers
Authors: Livermore Michael A. , Revesz Richard L. 
Published: November 2020

Abstract
In addition to obscuring the costs of its deregulatory agenda—by ignoring or minimizing the health harms associated with repealing or weakening environmental standards—the Trump administration has used methodological tricks to exaggerate the benefits of its actions. One way it has done this is by characterizing certain transfers between two parties as a benefit to one, contravening established techniques of cost-benefit analysis going back decades. Transfer payments are not included in cost-benefit analyses because the amount of money leaving the hands of one party is equal to the amount reaching the hands of the other party. By mangling established approaches to cost-benefit analysis, the Trump administration is treating one side of a transfer payment as an impact of regulation while ignoring the other side. And it does so inconsistently: sometimes negative impacts to the federal Treasury are treated as costs and at other times as benefits.
Future Directions
Authors: Livermore Michael A. , Revesz Richard L. 
Published: November 2020

Abstract
Although the system of guardrails developed over the past several decades to balance the competing demands of competent administration and accountability to the political process was far from perfect, the Trump administration’s many failures demonstrate the value of this system for the American public. The question facing both political parties is whether they want to, and can, commit themselves to rebuilding the system that Trump inherited. There are many good reasons to believe that guardrails to constrain political influence at agencies is desirable, and good reasons to specifically endorse cost-benefit analysis and centralized review. But the past success of a practice or institution does not guarantee its future existence. It is possible that the party system has shifted in ways that generate incentives for both parties to defect from their prior consensus.
The Invention of Tradition in Martial Arts
Authors: Bowman Paul 
Published: November 2020

Abstract
Chapter 9 examines ‘The Invention of Tradition in Martial Arts’ and explores the status of the imagined binaries that often structure interest in ‘traditional East Asian’ arts, as well as the desire for authenticity and the problematic status of change in traditionalist martial arts. The chapter argues for what it calls the micro-ontological inevitability of change, as a consequence of the inevitability of difference even in repetition (or what Jacques Derrida theorized as reiteration). To provide evidence to support what might otherwise be called an entirely theoretical argument, the chapter concludes with a discussion of the changing form, content, and characteristics of the traditionalist Chinese martial art of taijiquan (tai chi).
The Art and Craft of Describing
Authors: Bradley Ben 
Published: November 2020

Abstract
The greatest contrast between Darwin’s and today’s psychologies concerns method. A century of the idealization of controlled experiments in the behavioural sciences has led many to discount without due consideration the highly refined discipline of observation and description at which Darwin excelled. Darwin’s lifelong labours as a naturalist grounded both his evolutionary theory and his psychology. The august tradition of natural history provided him with many of the concepts, practices, and attitudes that, in his own eyes, made his approach to psychological matters incompatible with that of more widely celebrated Victorian psychologists. This chapter outlines and contextualizes the practices which framed Darwin’s scientific investigations, whether of plants, animals, or human beings. These challenge some of the modernist truisms which circulate in contemporary psychology, forcing a reconsideration of the places of observation and description therein.
Spinoza on Learning to Live Together
Authors: James Susan 
Published: November 2020

Abstract
Philosophizing, as Spinoza conceives it, is the project of learning to live joyfully. But this is also a matter of learning to live together, and the surest manifestation of philosophical insight is the capacity to sustain harmonious ways of life. The essays gathered here defend this overall interpretation of Spinoza’s philosophy and explore its bearing on contemporary philosophical debates. Part I focuses on Spinoza’s epistemology. Philosophical understanding empowers us by giving us access to truths about ourselves and the world, and by motivating us to act on them. It gives us reasons for living together and enhances our ability to live cooperatively. Part II takes up Spinoza’s claim that, to cultivate this kind of understanding, we need to live together in political communities, and considers how states can develop a cooperative ethos. Finally, living joyfully requires us to look beyond the state to our relationship with the rest of nature. Part III discusses some of the virtues this requires.
The truth about reasons
Authors: Müller Andreas 
Published: November 2020

Abstract
This chapter explores constructivism’s commitments in the theory of truth. It starts by considering in more detail what an account of the truth of reason judgements that is compatible with constructivism would have to look like. It then introduces a neo-pragmatist conception of truth that builds on the work of Crispin Wright and others, which meets those requirements and fits well with the constructivist’s overall approach because it connects the truth of a reason judgement to the soundness of the corresponding episode of reasoning. This conception of truth is embedded in a pluralist account, according to which there are different ways of being true in different domains of judgement. Finally, the chapter discusses the account of practical reasons that combining this conception of truth with the constructivist’s overall approach yields.
Mind-dependence and objectivity
Authors: Müller Andreas 
Published: November 2020

Abstract
Constructivism takes practical reasons to be mind-dependent: facts about our mental states and activities figure ineliminably in its account of why some consideration is a reason for an agent to do something. This chapter defends constructivism against the objection that its commitment to mind-dependence renders it unable to accommodate the objectivity of practical reasons and our judgements about them. It distinguishes various versions of mind-dependence and argues that the constructivist’s alethic version is compatible with the three features that those who raise the objectivity objection are most often concerned about: the fallibility of our reason judgements, the universality of some reasons, and the modal robustness of some of those reasons.
Point perturbations
Authors: Tiwari Sandip 
Published: November 2020

Abstract
This chapter discusses the energetics of point perturbations arising from intrinsic and extrinsic defects, and intentional and unintentional impurities. Point perturbations can be short range or long range. This requires the inclusion of core potential, exchange correlation and Hartree or Hartree-Fock potential. Hubbard energy, which is useful for Hartree calculations in a localized state, is introduced. An approach to calculating the behavior arising in shallow dopants (long range) and deep centers (short range) is presented. The tight binding defect-molecule model is used to explore the appearance of bonding and antibonding states in vacancies, interstitials and substitutional deep centers and some common complexes, such as the DX center, using configuration coordinates to understand the electronic and lattice energy contributions in the defect behavior. Finally, the chapter summarizes other important centers, such as the Pb center and the F center, before reviewing the implications of centers in light interaction and Poole-Frenkel conduction.
Causality and Green’s functions
Authors: Tiwari Sandip 
Published: November 2020

Abstract
The chapter elucidates causality to prevent its erroneous use. It then develops Green’s functions to analyze and predict systems under stimulation in the presence of cause and chance. Causality is the tracing of an observed phenomenon entirely to an identified cause. Cause and chance both lead to observations in the natural world. Chance is tackled through probabilities. A toy quantum model emphasizing uncertainty is used to illustrate cause and chance. Several examples are discussed to illustrate the development of Green’s functions—examining both advancing Green’s functions and retarding Green’s functions—for classical and quantum evolution. The S-matrix is also discussed.
Quantum confinement and monolayer semiconductors
Authors: Tiwari Sandip 
Published: November 2020

Abstract
This chapter brings together several themes and perspectives by exploring them in quantum-confined conditions or in monolayer crystals. In it, confinement of electrons and holes at heterostructure interfaces, in inversion layers, in quantum wells and in superlattices is analyzed using the envelope function to illustrate the variety of interactions that must be properly accounted for. The formation of subbands in confinement, minibands in superlattices, and transmission, reflection and resonance at confined barriers and wells is discussed. Propagation, screening, scattering and the behavior of shallow dopants are discussed to illustrate changes with reduction of dimensions. Particular emphasis is placed on optical transitions to illustrate the changes in selection rules for interband and intraband transitions. Confined semiconductors are contrasted with monolayer semiconductors, using graphene and nanotubes as examples whose analysis and electronic properties are discussed, to compare them with the semiconductor discussions in earlier chapters.
Compassion in Healthcare
Authors: Hordern Joshua 
Published: November 2020

Abstract
This book gives an account of the nature and content of compassion and its role in healthcare. The argument considers how and why contested beliefs about political life, suffering, the human condition, time, and responsibility make a difference to ‘compassion’. While compassion appears to be a straightforward aspect of life and practice, the appearance is deceptive. Compassion is plagued by both conceptual and practical ills and needs some quite specific kinds of therapy. The first step therefore is to diagnose precisely what is wrong with ‘compassion’ including its debilitating political entanglements, the vagueness of its meaning and the risk of burn-out it threatens. With diagnosis in hand, three therapies are prescribed for compassion’s ills: (i) an understanding of patients and healthcare workers as those who pass through the life-course, encountering each other as wayfarers and pilgrims; (ii) a grasp of the nature of compassion in healthcare; and (iii) an embedding of healthcare within the realities of civic life. With this therapy applied, the argument shows how compassionate relationships acquire their content in healthcare practice. First, the form that compassion takes is shown to depend on how different doctrines of time, tragedy, salvation, responsibility, fault, and theodicy set the terms of people’s lives and relationships. Second, how such compassion matters to practice and policy is worked out in the detail of healthcare professionalism, marketisation, and technology, drawing on the author’s collaborations. Covering everything from conception to old age, and from machine learning to religious diversity, this book draws on philosophy, theology, and everyday experience to stretch the imagination of what compassion might mean in healthcare practice.
Compassion and Responsibility
Authors: Hordern Joshua 
Published: November 2020

Abstract
This chapter explores how responsibility, fault, and desert matter for the content of compassion with particular reference to the idea of rationing by fault, shared decision-making, and recent UK law regarding the relationship between responsibility, risk, and consent. Conceptual clarity is sought through exploring how tragedy differs from Christian theology by deploying the contrasting categories of the ‘undeserving sick’, the ‘obstinate sick’ and the ‘sad sick’, as applied to clinical communication, pastoral discretion, and mercy. The chapter considers what may be learnt for the interrelation of responsibility with compassion from the Book of Job. This analysis deepens the earlier account of second-person relatedness and compassion, by considering the category of ‘remonstration’. This is then applied to practice through a discussion of the constraints on certain forms of public and preventive healthcare. The chapter concludes by drawing on ecclesiological motifs to describe how compassionate relationships can persevere over time.
Introduction
Authors: Thomas Hugh M. 
Published: November 2020

Abstract
This introductory chapter lays out the historiography and notes the major questions in the field. The chapter begins with the historiography. It then describes the book’s main goals: (1) to reconstruct life at King John’s court; (2) to investigate how John’s court generated soft power for the king and how his enemies contested that power; (3) to explore the production of pleasure at the court. There follows a brief discussion of the overall administrative structure of the court, with an emphasis on its ceaseless itineration, and a description of the sources used in the book, particularly the royal records. The chapter ends with brief comments on the organization of the book.