bluuebunny/crossref_metadata_2025_split huggingface dataset:
A Prima Facie Case for the Coercion Thesis: Sanctions as a Paradigmatic Feature of Municipal Law
Authors: Himma Kenneth Einar 
Published: June 2020

Abstract
Chapter 3 undertakes the first of the two steps of the modest approach explicated in Chapter 2 by showing that the Coercion Thesis better coheres than its negation with the canons of ordinary usage as they reflect our experience with systems of municipal law. It begins with an explanation of the canons of ordinary usage with respect to using the term law as it pertains to legal systems. It then argues that every existing system of municipal regulation we characterize as law backs some mandatory legal norms governing non-official behavior with the threat of incarceration. Since our experience with respect to distinguishing things counting as law from things not counting as law conforms to what one would expect given dictionary reports of the relevant canons of usage, these reports accurately express the linguistic conventions we adopt for using law and define a prima facie case for the Coercion Thesis.
What Law Must Be Able to Do: The Coercion Thesis and the Need to Keep the Peace
Authors: Himma Kenneth Einar 
Published: June 2020

Abstract
Chapter 4 begins the second step of the modest analysis undertaken in this volume with an argument grounded in a claim about the function something must be able to perform to be properly characterized as a system of law. It argues that it is a conceptually necessary condition for something to count as a system of law that it is reasonably contrived to keep the peace among rationally competent self-interested subjects like us in worlds of acute material scarcity like ours by regulating behavior through the governance of norms metaphysically capable of guiding behavior. But the only way that an institutional normative system could be reasonably contrived to do this is by backing some mandatory norms prohibiting assaults on persons and property with the threat of a coercive sanction.
The Coercion Thesis and the How Problem of Legal Normativity
Authors: Himma Kenneth Einar 
Published: June 2020

Abstract
Chapter 6 addresses the How Problem of Legal Normativity, arguing that the only practices plausibly thought to be conceptually necessary features of a legal system that are minimally equipped to explain how the practices constituting something as a system of law are reasonably contrived to give rise to the right kind of motivating reasons to comply are those that back mandatory legal norms governing non-official behavior with the threat of a coercive sanction. Apart from the existence of the legal norms authorizing courts to impose coercive sanctions for non-compliance with the relevant mandatory legal norms, there is nothing in the practices constituting something as a system of law with the logical resources to explain law’s conceptual normativity. The Coercion Thesis is essential to vindicating both law’s conceptual normativity and the rationality of adopting systems of law to regulate behavior.
The Coercion Thesis and the Order Problem of Legal Normativity
Authors: Himma Kenneth Einar 
Published: June 2020

Abstract
Chapter 7 addresses the Order Problem of Legal Normativity, arguing that there is no reason to think that the practices constituting something as a system of law must be reasonably contrived to give rise to objective exclusionary motivating reasons to comply with mandatory legal norms governing non-official behavior. It argues that there are three basic sources of objective motivating reasons and that there is nothing in these constitutive practices reasonably contrived to give rise to objective exclusionary motivating reasons from any of these sources. It then argues that these constitutive practices are equipped to do everything that a legal system can be non-idiosyncratically used to do simply in virtue of providing objective motivating prudential reasons to comply with mandatory legal norms governing non-official behavior; the claim that these constitutive practices can produce objective exclusionary motivating reasons explains nothing about legal normativity that needs to be explained.
Motion in Classical Literature
Authors: Hutchinson G. O. 
Published: June 2020

AbstractAncient literature is full of people, gods, and animals in impressive motion. But while the importance of space has been realized recently, motion has had little attention, for all its prominence in literature, and its interest to ancient philosophy. Motion is bound up with decisions, emotions, character; its specific features are expressive. The book starts with motion in visual art: this leads to the characteristics of literary depiction. Literary works discussed are: Homer’s Iliad; Ovid’s Metamorphoses; Tacitus’ Annals; Sophocles’ Philoctetes and Oedipus at Colonus; Parmenides’ On Nature; Seneca’s Natural Questions. The two narrative poems here diverge rewardingly, as do philosophical poetry and prose; in the prose narrative, as in the philosophical poem, the absence of motion, and metaphorical motion, are important; the dramas scrutinize motion verbally and visually. Each discussion pursues the general roles of motion in a work, with detail on its language of motion; then passages are analysed closely, to show how much emerges when this aspect is scrutinized. A conclusion brings works and passages together. It considers the differences made by genre and by the time of writing. Among aspects of motion which emerge as important are speed, scale, shape of movement, motion and fixity, movement of one person and a group, motion willed and imposed, motion in images and unrealized possibilities. A companion website makes it easier to see passages and analyses together; it offers videos of readings to convey the vitality and subtlety with which motion is portrayed.
Homer,Iliad
Authors: Hutchinson G. O. 
Published: June 2020

AbstractMotion is fundamental to the Iliad: both its continuous flow of swift movement, and significant refusals to move. In the prime story, Achilles refuses motion, then speeds in action. In mid-poem, forces pressing for motion meet in fixity, until Hector breaks through. The Iliad is more interested in speed than the Odyssey, as analysis of lexicon confirms. It also much exploits the basic traditional language, with e.g. preverbs of direction detachable for emphasis. Verbs of non-motion like ‘lie’ or ‘stay’ acquire great resonance. Particular passages include Helen refusing movement and urging it on a goddess, Andromache’s reluctant and Paris’s eager movement, Nestor’s thought on motion like a poised wave, Hector’s pondering on motion and his flight from Achilles, Patroclus and Hector leaping from their chariots while Cebriones falls. These show: hierarchy, emotion, motion as imagery and as subject-matter for thought, willed motion and motion externally caused (‘intransitive’ and ‘transitive’), the development of narrative in time. Contrasts (as of slow and quick goddesses), conflicts of will (as between Apollo and Diomedes), shapes of movement (as of twisting snake and circling sparrow) construct in the poem a connected and variegated web of motion.
Parmenides,On Nature
Authors: Hutchinson G. O. 
Published: June 2020

AbstractOn Nature is a poem as well as philosophy. The different parts of the poem deny motion, assert motion, offer abundant metaphorical motion. The prominent opposition between motion and immobility is both philosophical and poetic; it differs from, and relates to, verbal and philosophical clashing in Heraclitus. Parmenides’ language presents a further clash between the traditional and the new (Homeric poetry, not prose, but turned in startling directions). The image of the chariot ride has both mythological and contemporary resonance. Most of what remains from the poem is discussed in detail, including: the narrator’s ride towards the unnamed goddess, the two roads of inquiry, a third road wandered on by bewildered two-headed mortals, the revelation of unmoving reality with metaphors of motion, the wandering of the moon (in the world as seen by opinion). These present: arresting combinations of abrupt obscurity and speed, of intellectualism and mythology; a satirical vision of Heracliteans; multiple levels of motion and non-motion in challengingly opaque argument; inferior and superior modes of movement in heavenly bodies. The contrasts involving motion go beyond movement and immobility to wandering and firmly purposeful action. The narrator’s individual motion is enhanced by a group (goddesses) and opposed to groups (mortals and Heraclitean mortals). The treatment of motion is doubly vital to the philosophical poem.
Seneca,Natural Questions
Authors: Hutchinson G. O. 
Published: June 2020

AbstractLooking at motion in the NQ’s rather posthuman world, and in its physics, prevents too narrow an emphasis on humans and ethics. Yet entities like wind and sea are personified through movement. Transitive (imposed) and intransitive movement have hierarchical consequences; agency and causation enter. Motion runs through the treatment of people, both metaliterary, for narrator and addressee, and satirical, for the depraved. The work’s precision on motion is shown in its handling of verbs and especially preverbs; Seneca’s vocabulary expands for the NQ. The work does not treat the whole cosmos; it concentrates on things that move, especially in disruptive change. The regular movement of heavenly bodies contrasts; spiritus (wind, air) is quite different. Passages include: throwing stones into water, the possibility of fire falling, the journeying of old Hannibal and old Seneca, the types of earthquake, the madness of sailing to war. In them description of motion is both evocative and argumentative, argument on motion is organized and visionary; levels of motion differ pointedly; types of motion are conveyed with nuance; human motion is reproached through elaborate structures of thought, not just shouting. The NQ do not, like narrative works, present a single world to immerse the reader; argument is to the fore, and rival views are prominent (so Democritus on atoms, Epigenes on comets). Truth is reached through observation and understanding of movement (so on the roundness of drops). Motion is presented both with philosophical penetration and with literary richness.
Conclusion
Authors: Hutchinson G. O. 
Published: June 2020

AbstractPassages and works are now confronted. Works can be viewed along the axes of genre and of time (literary history). A particularly important change is the development of philosophy; but genre affects its impact on works. The worlds which structure motion differ drastically in Metamorphoses, NQ, and Annals, over little more than a century. Worlds can be akin, language divergent—so Iliad and Sophocles—or language akin, worlds divergent—so Iliad and Parmenides. A basic question is whether someone or something is moved or moves, and if moves, whether willingly. A basic variable is speed; speed can also mark hierarchy: gods and heavenly bodies outdo humans. A subtler variable is shape of motion, twisting, circular, straight; straight, purposeful motion is set against planless wandering. An important opposition is between the motion of a group and of an individual. Contrasts of scale matter too. Particularly significant is the opposition between moving and not moving. Literature, still more than art, is interested in levels of motion beyond the immediate: images, possibilities, pondered choices, refuted theories. Motion is important to meaning and to religious and political structuring. Whether or not motion is distinctively important in ancient literature, it has a bearing on modern literature; Tolstoy’s War and Peace illustrates. On the level of narrative, motion is expressive (Natasha’s running); but narrated motion is related to historical motion and the movement of peoples, made up from the individual movements of participants. Imagistic motion abounds, not least the haunting and transcendent comet of 1812.
We the Semites: Reading Ancient History in Mandate Palestine
Authors: Furas Yoni 
Published: June 2020

Abstract
Chapter 5 deals with the representation of antiquity in textbooks, and it shows the resemblances between Arabic and Hebrew textbooks as to their use of the concepts of race and the disparities between them regarding territoriality and identity. Throughout the nineteenth century, new archaeological discoveries uncovered ancient Semitic civilizations, and identified their universal heritage and contribution to humankind. The chapter traces the employment of and engagement with the term ‘Semite’, which was a determinist racial label coined in a scholarly environment where the historicist tradition of the West had merged with biological research about the origin of the species. Further, the chapter explores the racial scientific discourse since the nineteenth century, until the Mandate period in Arab and Jewish historiography. Finally, the chapter illustrates the way in which the Zionist–Palestinian conflict wrote itself into ancient history.
Context
Authors: Carman John , Carman Patricia 
Published: June 2020

AbstractThis chapter places battles into wider contexts, both conceptual and physical, examining the place of battles in the larger processes of war-making, and how these are reflected in spatial terms. Moving downscale from the larger and more general condition of being ‘at war’ through individual wars to campaigns and individual actions, the chapter relates these to the geopolitical context of conflicts, the theatres of individual wars, the smaller geographical focus of campaigns to the battlefield spaces they contain. In doing so, it considers the relationship of civilians to battle, and of networks of alliance and enmity forged during the course of conflict.
Ownership
Authors: Carman John , Carman Patricia 
Published: June 2020

AbstractChapter 5 considers the ways in which claims of ownership and association are made with past battlefields and how these are reflected in processes of memorialization. The chapter also considers conflicts over such claims by looking at issues of occupation and control both by combatants at the time of fighting and those claiming descent from them afterwards. It addresses issues of physical and conceptual possession, and how these relate to issues of identity and heritage.
Experiences
Authors: Carman John , Carman Patricia 
Published: June 2020

AbstractThis chapter combines the concerns of the preceding chapters by examining historic battlefields as places of experience in the present and how they work as heritage sites and locations of memory. It examines how location is a key element in appreciation of a site, the kinds of focusing devices employed in its presentation, and how these determine perception to produce the battlefield as a particular kind of heritagescape to be understood in a particular way, reflecting the issues discussed in previous chapters.
Defending Hissène Habré in Senegal During the Early Years
Authors: Cissé Hélène 
Published: June 2020

Abstract
This chapter looks at the first cases against Hissène Habré in Dakar. On 25 January 2000, Souleymane Guengueng and seven other Chadian victims, as civil parties, lodged a complaint against Habré in Dakar for acts of torture and other inhumane and degrading treatment, in application of the United Nations Convention against Torture. Following the complaint, on 3 February 2000, the investigating judges charged Habré with knowingly aiding and abetting in the commission of crimes against humanity, acts of torture, and barbarity against the plaintiffs between June of 1982 and December of 1990: the period during which he served as President of the Republic of Chad. Senegalese public opinion was and would remain divided throughout the criminal proceedings. Hélène Cissé then discusses her role as Habré's defence attorney from 2000 to 2004, giving a singular account of the little-known early cases against Habré.
Investigations in Senegal and Chad
Authors: Kandé Judge Jean 
Published: June 2020

Abstract
This chapter discusses the start of the work of the Extraordinary African Chambers (EAC) on investigating the case against Hissène Habré and others. The role of the Investigative Chamber was to undertake pre-trial preparation by performing whatever acts are necessary to uncover the truth and by looking for both incriminating and exonerating evidence to determine whether the trial should occur. Initially planned to take fifteen months, the investigating phase ended up taking nearly two years, from July of 2013 through February of 2015. At the end of the investigation, the investigating judges drafted the indictment that the Prosecutor then proceeded to present to the court. Judge Jean Kandé was one of the Senegalese investigative judges for the EAC. Their investigation resulted in the indictment of Habré and five of his subordinates. The chapter then describes the investigation phase, the challenges of securing Chad's cooperation with in situ fact-finding, and the benefits of working across international borders with other local actors.
Managing the EAC
Authors: Seck Amadou Mokhtar 
Published: June 2020

Abstract
This chapter explores Amadou Mokhtar Seck’s work in the EAC Administrator's Office, detailing how they organized the budget and how they met their responsibilities despite multiple constraints. As of 10 September 2017, the EAC budget was adopted at 5,527,399,330 CFA francs, equivalent to 8,426,466 euros, or 10,086,495 dollars. The budget came from contributions received from financial partners including the Netherlands, Belgium, Chad, the African Union, the European Union, Germany, France, Luxemburg, and the United States. Senegal, the host country, made magistrates, legal aids, and some legal and penal infrastructures available to the EAC, which it continued to finance. It also exempted from duties and taxes all acquisitions made by the EAC in the context of their operations. Given the prior experiences of similar tribunals as well as the slowness and delays inherent in this type of procedure, it was possible that an extension of the trial's original timeframe would be required. Thus, rather than limiting itself to executing the budget as initially planned, the Administrator's Office worked to identify areas for potential savings over the course of the EAC so as to finance any eventual delays.
Defending Habré
Authors: Ballal Mounir 
Published: June 2020

Abstract
This chapter studies the ‘commis d'office’ (designated counsel), the court-appointed attorneys installed by the Extraordinary African Chambers (EAC) when Hissène Habré ordered his own attorneys not to participate in the trial. Mounir Ballal, part of this court-appointed team, describes the process of his nomination and his experience defending a client with whom he had no contact. All the actors in the trial knew Habré's strategy: he had retrenched behind total silence. Habré refused to respond to any question that was asked of him by the EAC or his accusers. He never spoke to the defence either. Over five commission rogatoires during the investigation phase, Hissène Habré's private counsel had refused to collaborate because their position was that the EAC was an illegitimate body. Ballal then describes the defence strategy his team developed and how defending Hissène Habré before the EAC differed from his previous professional experience. He also critiques the praise the EAC has received for being efficient and economical, explaining how time and financial constraints violated the rights of the accused.
From Victim to Witness and the Challenges of Sexual Violence Testimony
Authors: Moudeïna Jaqueline 
Published: June 2020

Abstract
This chapter discusses how Jacqueline Moudeïna, the first woman to practice law in Chad, became connected to Hissène Habré's victims, as well as how she organized and prepared them for trial. Moudeïna coordinated the team of lawyers who represented nearly 4,000 victims in the trial of the former Chadian President Hissène Habré before the Extraordinary African Chambers (EAC). The preparation of the victims was a long term undertaking and a day-to-day effort. It was very difficult for the victims to testify, but the majority stood their ground. The chapter then looks at how Moudeïna convinced the victims of sexual violence to testify. It also considers the lessons learned with respect to enabling disclosure of sexual testimony, which became central to the trial. It should be noted that the amicus curiae brief on crimes of sexual violence was of great importance as background information. It helped clarify rape as an international crime in itself.
The Real Fight Begins
Authors: Carayon Gaëlle 
Published: June 2020

Abstract
This chapter assesses the ongoing battle to deliver victims’ reparations. Arguably, reparation was always important to victims of Hissène Habré. Nevertheless, it did not have a central place in the advocacy and efforts during the years leading to his trial by the Extraordinary African Chambers (EAC). The Statute of the EAC refers to the chambers' ability to award reparations and provides that reparations can be awarded to victims ‘individually or collectively, whether they have participated or not in the proceedings before the EAC’. By the end of 2015, with the hearings in the case coming to an end, there was still no clarity as to how victims who had not participated in the case would be able to access reparation, what link they would need to show to Habré's crimes, nor what the reparations phase of the case would look like. In addition, victims' associations, which had been working tirelessly to bring Habré to justice, only had partial data on the thousands of victims they represented. There had been no systematic record of the specific harm suffered by each victim. The chapter then argues that the same efforts and dedication that led to the successful conviction of Hissène Habré should be applied to ensuring that Habré's victims receive reparation.
Africa Against Global Justice? Stakes for Building a Political Sociology on the Future of International Criminal Justice
Authors: Dezalay Sara 
Published: June 2020

Abstract
This chapter challenges current debates in global justice and the fight against impunity. Shifting the lens from the symbolism of global justice towards the structural conditions that have shaped international criminal justice as a field over time can help reposition the Habré success story not simply as an anomaly in a context of wider backlash against the International Criminal Court (ICC), but rather as a reflection of the structure of global justice as a weak field. The chapter then discusses the need to study systematically the evolution of legal markets on the African continent. In this, the project to institute a criminal chamber within the African Court of Justice and Human Rights has perhaps been too promptly dismissed as overly ambitious due to the lack of resources and state support within the African Union (AU). Interestingly, this project includes not only the crimes under the purview of the ICC, but also various other trans-border crimes such as trafficking, corruption, and the illicit exploitation of resources. The prominence taken in recent years by Africa as a new ‘mining frontier’—and with it, as a new haven for US and UK multinational corporate firms—underscores the timeliness of opening research paths on these ongoing transformations across the continent.