bluuebunny/crossref_metadata_2025_split huggingface dataset:
Specifying the Proportionality Test and the Standard of Due Precaution: Problems of Prognostic Assessment in Determining the Meaning of “May Be Expected” and “Anticipated”
Authors: Oeter Stefan 
Published: November 2020

Abstract
This chapter addresses the challenging legal and operational issues raised by the proportionality requirement to assess the legality of collateral damage. Specifically, the chapter engages closely with the relevant text of Articles 51(5)(b) and 57(2)(b) of the First Additional Protocol to the Geneva Conventions. The chapter first asks what makes an attack that unavoidably includes incidental loss of civilian lives or civilian property an “indiscriminate attack” under Article 51(5)(b). In more concrete terms, it asks how the formula for collateral damage—“excessive in relation to the concrete and direct military advantage anticipated”—may be operationalized. The chapter then moves to an analysis of the rule of precautions in Article 57(2)(b), with special emphasis on understanding how the military operator should navigate this rule in light of battlefield realities. The chapter then poses how these rules may be best understood under the regime of international criminal law.
Introduction
Authors: Bradley Ben 
Published: November 2020

Abstract
Twentieth-century psychology took a modernist form, giving Darwin’s approach to agency an unscientific look. Meanwhile, twentieth-century biologists were reconstructing evolutionary theory to highlight molecular genetics, reducing Darwin’s far-reaching writings about the living world to one grand idea: natural selection. Advances in biology today, which ground evolutionary thinking in a theory of the organism (or phenotype), find new wisdom in Darwin’s vision of the world. This vision has two axes. One describes the interwoven lives of the creatures who fill a given habitat, making interdependence central—a theatre of agency or ‘struggle for life.’ The other is what that struggle effects over time periods measured in millions of years, namely: evolution. Like his law of natural selection, Darwin’s psychology drew primarily on his understandings of the theatre of agency, whether discussing the actions of humans, animals, or plants—as the chapters of this book will show.
Agency and Its Effects
Authors: Bradley Ben 
Published: November 2020

Abstract
Throughout his life Darwin collected and investigated a host of creatures from a wide range of relatively simple species—zoophytes, sea pens, corals, worms, insects, and a diversity of plants. These studies aimed to answer fundamental questions about the characteristics of life, the nature of individuality, reproduction, and the implications of agency. Central amongst these implications were interdependencies between organisms, with their conspecifics, with different species, and with their conditions of life. In this way Darwin built up a picture of the living world as a theatre of agency. The derivation of evolution from this living theatre—which he called ‘the struggle for existence’—gave Darwin’s vision of nature its distinctiveness. While twentieth-century biology sidelined the agency of organisms in favour of the gene, the twenty-first century has returned to Darwin’s view that evolution is led by organisms (or ‘phenotypes’)—with implications for psychology differing considerably from contemporary evolutionary psychologies.
The Critical Test
Authors: Bradley Ben 
Published: November 2020

Abstract
Darwin used observations of infants as evidence for his evolutionary hypotheses about human agency, in three ways. First, human actions that appear fully formed at the start of life, like sucking, were deemed reflexes or instinctive fruits of evolution. Second, infant actions show in a clear and simple form the foundations of human agency. Third, when there is no direct way of proving how complex forms of human action evolved, their growth in infancy provides a working model for natural, simple-to-complex development that is analogous to evolution. Two texts exploit these arguments: Expression (1872) and ‘A Biographical Sketch of an Infant’ (1877). The former concentrates on crying and weeping. The latter focuses on some of the distinctively human forms of agency described in Descent. A key omission in the evidence Darwin’s infant observations provide for his theory is a test of infants’ capacity for group-interaction. Evidence from such a test is critical to acceptance of Descent’s thesis that adaptations to group-life ground the most distinctive forms of human behaviour. Only recently have scientists sought this evidence. From these we know that preverbal infants do have a capacity for ‘groupness.’ Darwin’s observations of young children show a robustness and prescience borne out by contemporary research.
What is constructivism?
Authors: Müller Andreas 
Published: November 2020

Abstract
This chapter outlines the main theses of the constructivist position to be developed in this book: facts about what is a reason for doing what obtain because the corresponding reason judgements are true. Those reason judgements are not representational states; their nature is best understood in terms of their role in guiding the reasoning process. Thus, for such a judgment to be true is not for it to be representationally accurate. Instead, its truth—and hence the reason fact that corresponds to the true judgement—is grounded in the soundness of the episode of reasoning that the judgement is apt to guide. Therefore, practical reasons are mind-dependent, because facts about our mental activities figure ineliminably in the explanation of why some considerations are reasons for certain actions. The chapter also addresses how this position relates to the views of John Rawls and Christine Korsgaard, and shows how it fits onto the meta-ethical map.
Correct reasoning
Authors: Müller Andreas 
Published: November 2020

Abstract
According to the account of practical reasons presented in Chapter 4, those reasons are ultimately grounded in the soundness of certain episodes of practical reasoning. This chapter addresses what it is for an episode of practical reasoning to be correct, which is a necessary condition for their soundness. It first shows that, at least when it is applied to reasoning, the notion of correctness need not itself be understood in terms of reasons, which would render the constructivist’s overall view circular. Then, it presents an account that characterizes correct reasoning as reasoning in compliance with the constitutive rules of that activity. It also discusses how those rules can be determined, and what the constructivist should say about their ontological status.
How to Grasp the Key Democratic Transformations
Authors: Morlino Leonardo 
Published: November 2020

AbstractThis chapter provides the theoretical framework for the following comparative analysis. For the two democratic values, equality and freedom, the author proposes the justification, definition, specific subdimensions, and the main empirical questions to be addressed in the subsequent chapters. This also allows giving the necessary references to the literature on the two topics and has helped to provide the theoretical framework and develop the empirical analysis. To translate the two notions into empirically detectable concepts, equality and freedom were broken out into more dimensions. For equality, they are economic equality, social equality, ethnic equality. For freedom, they are personal dignity, civil rights, and political rights. The research design and the background approach are also briefly sketched.
Freedoms
Authors: Morlino Leonardo , Piana Daniela 
Published: November 2020

AbstractFreedoms include personal dignity, civil rights, and political rights. For personal dignity, when considering violence perpetrated by police, there is a significant improvement until the very beginning of the twenty-first century, with the strengthening of existing institutions and the creation of new ones. Later, the index of Amnesty International displays the growth of State violence, mainly in 2015–17. As regards civil rights, a national movement is less affected than foreign movement. Especially in Poland, freedoms of movement protection have suffered the most from the recent change to some constitutional rules. Moreover, all countries—but especially France and the UK—saw restrictions on freedoms of mobility due to a set of administrative measures aimed at preventing terrorism. The protection of freedom of religion is stable. Finally, citizens continue to experience limitations to economic freedom. As for political rights, they were affected by the decline of the freedom of the press. The right to citizenship was affected by the waves of migration and the rise of international terrorism. These phenomena brought about defensive reactions and paved the way for a broad and easily politicized opposition to the extension of the rights to political participation and citizenship for people with foreign origins. Poland shows the most worrying deterioration, notably in terms of fundamental rights. There is relative stability in all other cases with lower and higher results. However, when considering all the freedoms, the critical aspect of putting at the core of our analysis is timing.
The Enforcement of Contracts
Authors: Gold Andrew S. 
Published: November 2020

Abstract
This chapter turns to redress in the contract setting, which generally involves contract enforcement or a damages equivalent. Some private law theorists explain private rights of action in light of a right holder’s special standing to make demands. Others look to a wronged party’s standing to complain about a wrong. Each approach offers insights, yet neither of these types of standing will inexorably lead to the standing to enforce. This chapter then considers a particular way that standing to enforce contracts can be explained and justified: if the right to performance is understandable as a property interest or at least property-like. In the process, it also indicates how a focus on rights of redress can help to explain key features of private law doctrine.
The Winner Takes It All
Authors: Boraud Thomas 
Published: November 2020

Abstract
This chapter reviews the general principles that are necessary for a neural system to make decisions. A glance at the literature shows that the simplest system to obtain an imbalance between two populations of neurons subjected to the same activation consists of two interconnected populations of inhibitory neurons. These two populations exert lateral inhibition on each other. In order for a differential response to emerge, noise is necessary. Synaptic noise is considered the main source of noise in the nervous system. The chapter then goes on to look at positive feedback. It also studies the learning processes in the nervous system and explores neural plasticity rules, particularly the Hebbian learning rule.
Mental Representation
Authors: Boraud Thomas 
Published: November 2020

Abstract
This chapter focuses on the neural substrate of mental representation and cognitive maps. In 1948, American psychologist Edward Chance Tolman postulated that spatial learning requires a representation of the environment in which a subject evolves. This concept has been popularized under the term ‘cognitive map’. These maps would retain information about the spatial relationships between different places, which supposes the existence of a coordinate system, or referential. The chapter then considers the role of the hippocampus in memory processes. According to psychologists, there are two types of memory: declarative and procedural. Procedural memory describes the ability to reproduce learned behaviour. On the other hand, declarative memory is based on very different processes. Whatever form it takes, it undoubtedly requires the construction of a mental representation. This mental representation is likened to the cognitive maps theorized by Tolman.
Conclusions
Authors: Boraud Thomas 
Published: November 2020

Abstract
This concluding chapter summarizes the book’s content. Twenty-five years since Schultz’s, Newsome’s, and Movshon’s experiments, neuroscientists joined the community of psychologists and economists who studied rationality. Together, they were able to set up experimental paradigms to try to better understand the neurobiological foundations of the learning and decision-making processes. The conceptual framework defined by all of these paradigms has been called neuroeconomics. Neuroeconomics is therefore the study of the neural correlates of rationality. As such, this book can be considered as an essay on neuroeconomics. In contrast to the classical top-down approach, the text proposes a bottom-up approach on decision-making. By addressing the problem of rationality from a dual connectionist and evolutionist perspective, the book highlights that the brain is not capable of producing a purely rational process.
Organizing Data-driven Companies
Authors: Schildt Henri 
Published: November 2020

Abstract
This chapter examines why and how digitalization is pushing organizations to adopt team-based structures, greater transparency, and agile work cultures. I draw attention to a shift in focus from efficient routines towards greater adaptability, and elaborate the paradoxical effect that digital data has in both eliminating and generating coordination needs within corporations. The chapter introduces six basic approaches to organizing and discusses their relative advantages and disadvantages in leveraging digital technologies. I elaborate how focus on agility has redefined the basis of control in organizations, called into question the prevalent ‘culture of secrecy’ in corporations, and eroded traditional sources of authority. The chapter concludes by discussing how modularity has reshaped the network of relationships around corporations and increased the strategic importance of digital ecosystems and platforms.
Connecting Publics in a Fractured Public Sphere
Authors: Hendriks Carolyn M. , Ercan Selen A. , Boswell John 
Published: November 2020

Abstract
Chapter 4 presents an empirical case on the problematic public disconnect in contemporary democracy where multiple publics are fractured in the public sphere. The chapter explores how a group of everyday citizens created connections between diverse publics in the public sphere. The analysis centres on the creative and playful connective activities of Knitting Nannas Against Gas (KNAG), an Australian-based social protest group opposed to coal seam gas development. Drawing on interviews conducted with the members of these groups across four different locations in New South Wales, the chapter reveals a rich variety of ways in which these groups seek to create connections with two opposing publics, as well as with latent publics. The chapter shows the significance of aesthetic-affective forms of communication, including non-verbal communication in crafting novel connections in a fractured public sphere, and discusses the ways these connections can help enhance the epistemic quality and reflexivity of the public sphere. The chapter concludes by discussing how the case of KNAG enriches current ideas on connectivity in deliberative systems.
Towards a Connective Turn in Deliberative Democracy
Authors: Hendriks Carolyn M. , Ercan Selen A. , Boswell John 
Published: November 2020

Abstract
Chapter 7 presents the theoretical implications of connective practices for deliberative democratic theory, particularly recent systemic thinking. The chapter revisits evolving ideas about deliberative systems and reconsiders them in light of the book’s emphasis on connective practices. More specifically, it discusses why and how a focus on connective practices can enrich ideas of inclusion, reciprocity, and reflection in deliberative systems. The chapter concludes by making the case for a ‘connective turn’ in deliberative democratic theory and research—a turn which seeks to render abstract thinking in deliberative democracy more useful for practical reform.
“Confessio philosophi”
Authors: Sheaf Lucy 
Published: November 2020

AbstractThe “Confessio philosophi” is an early dialogue in which Leibniz engages with what he takes to be the central task of theodicy: to uphold the justice of God. It evinces his commitment to the claim that ours is the best possible world, and offers an account of how such a world could include damnation. Various answers to the question why God is justified in permitting sin are suggested in the dialogue. These are addressed in this chapter, which also highlights a threat to God’s justice raised by the doctrine of eternal damnation which is given surprisingly little attention. The chapter concludes with a discussion of the place of the “Confessio philosophi” in Leibniz’s lifelong theodicy project.
The Correspondence with Clarke
Authors: Brown Gregory 
Published: November 2020

AbstractThe correspondence between Leibniz and Samuel Clarke—mediated by Leibniz’s erstwhile friend and disciple at the electoral court in Hanover, Caroline of Brandenburg-Ansbach, princess of Wales—is arguably the most famous and influential of philosophical correspondences. In this chapter, I begin by tracing the background of the correspondence and the role that Caroline played in its inception and development. I then turn to a discussion of the main themes of the correspondence, paying particular attention to the importance of Caroline’s presence in shaping the themes of the debate: the principle of sufficient reason, the identity of indiscernibles, God’s choice in creating this world, space and time, God’s presence and activity in the world, miracles, and gravity.
Islam on Campus
Authors: Scott-Baumann Alison , Guest Mathew , Naguib Shuruq , Cheruvallil-Contractor Sariya , Phoenix Aisha 
Published: November 2020

Abstract
This book explores how Islam is represented, perceived and lived within higher education in Britain. It is a book about the changing nature of university life, and the place of religion within it. Even while many universities maintain ambiguous or affirming orientations to religious institutions for reasons to do with history and ethos, much western scholarship has presumed higher education to be a strongly secularizing force. This framing has resulted in religion often being marginalized or ignored as a cultural irrelevance by the university sector. However, recent times have seen higher education increasingly drawn into political discourses that problematize religion in general, and Islam in particular, as an object of risk. Using the largest data set yet collected in the UK (2015–18) this book explores university life and the ways in which ideas about Islam and Muslim identities are produced, experienced, perceived, appropriated, and objectified. We ask what role universities and Muslim higher education institutions play in the production, reinforcement and contestation of emerging narratives about religious difference. This is a culturally nuanced treatment of universities as sites of knowledge production, and contexts for the negotiation of perspectives on culture and religion among an emerging generation. We demonstrate the urgent need to release Islam from its official role as the othered, the feared. When universities achieve this we will be able to help students of all affiliations and of none to be citizens of the campus in preparation for being citizens of the world.
The Exciting World of Multisensory Experiences
Authors: Velasco Carlos , Obrist Marianna 
Published: November 2020

Abstract
This chapter introduces the reader to the exciting world of multisensory experiences. It describes how humans perceive and experience the world around them with all five senses. It also describes a number of initiatives in academia and industry that consider the different senses when designing experiences such as going to an art gallery, eating, and flying. Furthermore, it introduces the reader to the world of multisensory technologies. These technologies stimulate the human senses beyond what is seen and heard and brings the physical and digital worlds closer together.
Protection against Being Passed Over or Disinherited in Roman Law
Authors: Zimmermann Reinhard 
Published: November 2020

Abstract
What is today referred to as ‘compulsory portion’ or ‘forced heirship’ was subject to a very complex regulation in Roman law. The development went from family succession to freedom of testation and subsequently led to the establishment of a balance between the testator’s freedom of disposition over his property and the ‘natural claims’ of his closest relatives to benefit at least to some extent from the estate. In the process, the Roman lawyers developed a number of interesting ideas, among them, in particular, protection of descendants by means of form requirements; the availability of a querela inofficiosi testamenti (complaint concerning an undutiful will); and the establishment of a minimum quota to which a testator had to appoint his closest relatives (‘legitima’) as well as the introduction of an actio ad supplendam legitimam for cases where the testator had failed to do so. Justinian also saw the necessity to provide for the testator’s widow; she could, under certain circumstances, demand one quarter of the estate by way of statutory legacy. Unfortunately, Justinian, in his Novel 115, failed in his attempt to simplify and streamline the law. From its inception in the High Middle Ages, therefore, legal scholarship based on the ius commune was faced with considerable difficulties in the application of the Roman rules.
Forced Heirship and Family Provision in Latin America
Authors: Schmidt Jan Peter 
Published: November 2020

Abstract
Latin American succession laws are generally quite homogeneous, yet when it comes to mandatory family protection, they split sharply into two groups, the composition of which, curiously, falls exactly along geographical lines. The South American jurisdictions are all found on one side, and those of Central America and Mexico on the other. The countries of the first group have, to this day, remained largely faithful to the tradition of forced heirship brought to the continent by Spain and Portugal. Accordingly, jurisdictions like Argentina and Brazil reserve large parts of the estate, known as the legítima, to descendants, ascendants, the surviving spouse, and sometimes even the surviving cohabitant of the deceased, and thus severely limit freedom of testation. By contrast, the Central American jurisdictions and Mexico upheld this tradition only until the late nineteenth century, when they switched abruptly to a regime that protects only those close family members who are unable to support themselves. On the spectrum of freedom of testation, the Latin American jurisdictions thus lie either at the very liberal or the very restrictive end. In recent years, the South American regimes have increasingly been criticized as being out of step with the realities of the twenty-first century. Just as in other parts of the world, the crumbling of the traditional family model and the rise of life expectancy are deemed to have eroded the foundations of forced heirship. In the light of these societal changes, many South America scholars advocate far-reaching reforms.
Compulsory Heirship and Freedom of Testation in Islamic Law
Authors: Yassari Nadjma 
Published: November 2020

Abstract
Islamic succession law is grounded in the concept of forced heirship, with the deceased having the right to dispose only of one-third of his or her estate. With the position of legal heirs being so strong, a priori there is no need for instruments to override the deceased’s testamentary freedom. Modern legislatures have, however, altered the system with the introduction of the ‘obligatory bequest’ for orphaned grandchildren (al-waṣiyya al-wājiba), a scheme originating in the extinguished Ẓāhirī school of law and in particular in the works of Andalusian scholar Ibn Ḥazm († 1064). This is remarkable as traditional Islamic jurisprudence does not recognise any right of representation. As a result an orphaned grandchild will be awarded, to varying degrees, a share in the estate and the (implicit or explicit) will of the testator is thereby altered.