bluuebunny/crossref_metadata_2025_split huggingface dataset:
Justice and Responsibility
Authors: Campos Thana C de 
Published: January 2020

Abstract
Modern conceptions of justice ignore the relationship between duty-bearers and rights-holders, focusing mainly on the claimability of individual rights. This is particularly the case in medical law discussions. I argue that a deontological approach to medical law could not only create a less individualistic discussion, but also increase the probability of the realization of rights—particularly the human right to health. To demonstrate the applicability of deontological ethics in medical law, I first define and explain the modern conception of justice. To critique this modern conception of justice, I examine Kant’s and O’Neill’s deontological arguments regarding rights and duties. Then, building on Tasioulas’s deontological argument, I develop a theoretical understanding of the minimum-core-obligations that societies must fulfil if the right to health is to be feasibly claimable. I conclude by contrasting the practical implications of using either the modern conception of justice or the deontological conception of justice to interpret the minimum-core-obligations in the field of medical law.
Abortion on the Basis of a Risk of Disability
Authors: Robinson Heloise 
Published: January 2020

Abstract
This chapter will review different ethical perspectives on the morality of abortion on the basis of a risk of disability, and the apparent conflict between the interests of different constituencies—in particular, between those of the parents of the unborn disabled child and those of others. While it is often considered that the parents have an interest in choosing whether to avoid the perceived additional burdens which come from raising a disabled child, I argue that the parents’ interests encompass many other considerations. I suggest a broader understanding of their interests, based on limitations to the parents’ autonomy: I examine whether the parents’ choice is truly free, and whether there are significant costs to their choice which work against their own interests. I conclude that the parents’ interests, when they are more fully described, are more aligned with the interests of others than they may at first appear to be.
Property in the Body and Medical Law
Authors: Dickenson Donna 
Published: January 2020

Abstract
In common law, the traditional rule has been that there is no property in excised human tissue. In an era of widespread commodification of tissue, however, the practical reasons behind this position are increasingly outdated, while the philosophical grounds are paradoxical. This no-property rule has been construed so as to deprive tissue providers of ongoing rights, whereas researchers, universities, and biotechnology companies are prone to assume that once they acquire proprietary rights, those rights are complete and undifferentiated. That position can and should be remedied, drawing on a modified Lockean concept of property in what we have laboured to create, and a more sophisticated jurisprudential understanding of property in the body as a bundle of rights. Particularly in the case of women’s tissues, such as ova and umbilical cord blood, this model can offer more effective protection against the global ‘enclosures’ of bodily tissue.
The Global Financial Crisis
Authors: Fieldhouse Edward , Green Jane , Evans Geoffrey , Mellon Jonathan , Prosser Christopher , Schmitt Hermann , van der Eijk Cees 
Published: January 2020

Abstract
The Global Financial Crisis, which began in 2007–8, was the most significant financial crisis since the Great Depression of the 1930s, and acted as a large shock to British politics. The economic vote is usually thought about as a short-term mechanism: a reward or punishment for the incumbent depending on recent economic conditions. In this chapter we examine how this shock played a role in the outcome of the 2015 General Election, seven years after the crisis began. The Global Financial Crisis continued to affect voting behaviour in 2015 for two reasons: first, it did long-lasting damage to perceptions of Labour’s economic competence, and second, it created a political opportunity for the Conservatives to blame the previous Labour government for the aftermath of the financial crisis.
Introduction
Authors: Pattison George 
Published: January 2020

Abstract
The Introduction shows how the attraction to the devout life explored in Part 1 of A Philosophy of Christian Life can be further qualified as vocation. Doing so brings the issue out of the realms of ineffable experience into the domain of language. The foundational role of language in the constitution of the self is explored with reference to Helen Keller, who found that language itself set her free by giving her the possibility of a coherent and meaningful relation to herself and to her world. Its place in human beings’ God-relationship flags up the necessity of listening and hearing, as well as attention to the rhetorical performance of language.
A Crisis of Vocation
Authors: Pattison George 
Published: January 2020

Abstract
The modern experience of the disenchantment of the world seems to count against the possibility of vocation/calling being anything more than an empty metaphor. The crisis of vocation in modernity is explored with reference to the Lutheran conception of vocation and its eclipse, Max Weber’s account of Protestantism and the application of the idea of vocation to a life in science, Heidegger’s attempt to reanimate philosophy through the idea of vocation, and Kierkegaard’s struggle to understand his own vocation. Each of Weber, Heidegger, and Kierkegaard proves unable to give positive content to the idea of vocation. It is seen by Weber as an irrational survival in a rationalized world, reduced in Heidegger to awareness of being thrown towards death, and fused in Kierkegaard with the creative impulse of the autonomous writer.
Prophetic Calling: At the Burning Bush
Authors: Pattison George 
Published: January 2020

Abstract
The chapter looks to the Hebrew Bible for resources to respond to the modern crisis of vocation. Prophecy appears as a special focus of discussion, since the prophet is who he is by virtue of being called. This is not a matter of psychological experiences of auditions but of understanding the essence of the prophet’s God-relationship. A paradigm case of prophecy is the calling of Moses at the burning bush. Salient features of this event include God’s call to Moses by name and the revelation of the divine name itself. Rejecting the traditional Christian interpretation of this in terms of being (‘I am that I am’), the chapter follows Buber’s and Rosenzweig’s interpretation, which brings the God-relationship into the domain of vocativity, exemplifying also ‘Jewish nominalism’, that is, attention to the centrality of the name in the human God-relationship.This is connected to the image of God in human beings.
Poetic Vocation
Authors: Pattison George 
Published: January 2020

Abstract
Like ethics, literature too is often envisaged as involving some kind of call or vocation. In lectures on Hölderlin, Heidegger provides a more positive account of calling than in Being and Time. Yet he remains unspecific as to what we are called to, and his account is therefore expanded with regard to its socio-political and theological dimensions, developed in the direct of a certain Messianism (Derrida, Caputo). This is further explored in terms of the relationship between prophecy and empire, focusing on the figure of Virgil, represented by Theodore Haecker as ‘father of the West’. In Hermann Broch’s novel The Death of Virgil, the poet epitomizes the transition from the classical world to Christianity and the relationship between poetry, empire, and messianism. This complex of ideas is seen as operative in the testimony of Ulrich Fentzloff, a parish priest whose blog gained national attention in Germany.
Penal Imaginations of Global Justice-Making
Authors: Lohne Kjersti 
Published: January 2020

Abstract
The chapter analyses the cosmopolitan penal imaginary building on western domestic penality, delving into the relationship between human rights sensibilities and criminal justice mentalities in the ‘fight against impunity’. Through the fieldwork in Uganda and Rwanda, the chapter describes asymmetries between the international and national criminal justice systems. It shows how international criminal justice circulates transnationally between different geographical sites via human rights NGOs and is closely linked to human rights expertise, and how human rights NGOs turn international criminal justice into issues about social justice. Applying a sociology of punishment perspective, the chapter brings out the similarities and differences in ‘penal imaginations’ between domestic and international criminal justice, and argues that international criminal justice both echoes the national and departs from it. For example, while international criminal justice relies upon retributive and expressive undertones, it makes no appeal to punitive sensibilities: a fact that can be understood in light of the close relation between international criminal justice and human rights NGOs. Yet, it is argued that human rights NGOs rely too strongly on punitive answers, and that amnesties can be just a matter of pragmatism in situations of profound violence. Thus, while the ICC has both retributive and reparative aims, the situation in northern Uganda demonstrates how international criminal justice became an impediment to peace. Moreover, the chapter reveals how a lot of practical issues had simply not been ‘thought of’ when setting up the ICC, such as acquittals and asylum-seeking witnesses.
Human Rights, Global Justice, and the Limits of Law
Authors: Nash Kate 
Published: January 2020

Abstract
Although international human rights law is globalizing, it has inherent limits due to the fundamental paradox through which it is being institutionalized: humans have rights as such, but citizens must give themselves the law. Moreover, sociologically, respect for human rights in practice depends on how states are structured and on the political projects of officials who act ‘in the name of the state’. It depends on material and moral resources—economic, military, legitimacy, and authority—organized across nominal divisions between state and civil society and across state borders. From a sociological perspective, the author argues that human rights are necessarily political, and that the entanglement of the ‘international’ and the ‘national’, ‘human’ and ‘citizen’, is unavoidable for the progressive construction of human rights.
Human Rights beyond the Double Bind of Sovereignty
Authors: Goodale Mark 
Published: January 2020

Abstract
This chapter responds to Kate Nash’s contribution by examining what she describes as the two sovereignties that shape the life of contemporary human rights: the first, the state sovereignty of the Westphalian international system within which institutionalized human rights are firmly embedded; the second, the popular sovereignty of democratic polities, which is anchored in shifting notions of citizenship, culture, and identity. As the chapter explains, this ‘double bind’ of sovereignty was already present from the time of the French Revolution, which instantiated a similar division between universal ideals and the interests of citizens living in particular nation-states. As between these two, as the chapter concludes, it would appear inevitable that the cosmopolitan aspirations of universal human rights are bound to give way to more modest articulations of rights and political action, that is, human rights understood and practised in the plural.
Dissecting the Institution
Authors: Freedman Rosa , Houghton Ruth 
Published: January 2020

Abstract
Institutionalism is concerned with the functioning of an institution; its internal structures and processes. The contested effects of institutionalization—or the proliferation of international institutions—on international law are well-documented, which includes the fragmentation of international law into separate legal orders, with competing institutional drivers. Within human rights, institutionalism and the extraneous effects of decision-making being made by an institution are not as frequently discussed. In his chapter, Klabbers makes an important contribution by highlighting the need to examine the functioning of human rights institutions in order to consider the effects they have on the content of human rights norms. In response to Klabbers, this comment piece emphasizes the need to differentiate clearly between institutions and actors, and indeed between different types of institutions and different types of actors, in order to explore systematically any impact on how international human rights law is developed and implemented.
Differentiating Fundamental Rights and Economic Goals
Authors: Neier Aryeh 
Published: January 2020

Abstract
We can usually protect liberty, dignity, equality, fairness, humanity, and autonomy—that is, fundamental rights—by imposing restraints on power. Variations in resources do not justify differences in protection. On the other hand, resources inevitably limit achievement of economic goals. Difficult choices must often be made when governments consider the redistribution of resources. Moreover, economic goals sometimes conflict with each other. The allocation of resources is at the heart of the political process and should be pursued through that process. It should take place in a manner that enjoys democratic legitimacy. To vindicate fundamental rights, it is necessary to persuade others to uphold universal norms. The redistribution of resources depends on winning the support of those pursuing their own interests and persuading others that, in turn, their interests are being protected. Fundamental rights differ from economic goals and different strategies are needed to secure them.
Advocating for Social and Economic Rights—Critical Perspectives
Authors: Perelman Jeremy 
Published: January 2020

Abstract
This comment situates Aryeh Neier’s critique of social and economic rights within a broader set of arguments about the nature of such rights as rights, about their justiciability and enforceability, and about their value to social justice advocates and social movements’ political strategies. It highlights the main responses to Neier’s critique articulated by human rights scholars and activists, including those pointing to the indivisibility and interdependence of the human rights framework. The comment draws however on historical and theoretical perspectives on the fundamental structure of this framework to both revisit and transcend Neier’s critique. It points to approaches that aim at taking critique seriously when engaging in social justice-oriented human rights work.
Women’s Rights are Human Rights
Authors: Guimei Bai 
Published: January 2020

Abstract
This comment on the contribution by Hilary Charlesworth and Christine Chinkin focuses on three apparent antinomies of women’s rights: margin–mainstream, specialist–generalist, and family–individual. Adding a Chinese perspective to these discussions, the comment highlights the importance of choice of terminology in a particular cultural setting. It also questions the positioning of actors in terms of centre–periphery and shows how various actors can work across limits and perceived locations. Going beyond the discussions in UN bodies, the comment emphasizes the local social contexts and persisting stereotypes that need to be at the centre of social change. This requires a translation of international normative endeavours into local public and private spheres of civil society, economy, and government.
The Limits of the Laws of War
Authors: Mégret Frédéric 
Published: January 2020

Abstract
The dynamism of the tradition of the laws of war is conditional on its limitations. The chapter distinguishes between contingent and inherent limits. Contingent limits are those that are set by the law’s environment and which it imagines itself to be up against. They include the fact that the laws of war often seem to be lagging behind social and technological developments, that they lack enforcement, or that they are too embedded in an interstate matrix. These are all significant in their own right, but all relative and susceptible to being overcome. Inherent limits by contrast, are limits that are so woven into the project that they define it. These include the laws of war’s embeddedness in a certain concept of international law, their pragmatism, and their constant effort to compromise between military necessity and humanity. Contingent limitations may be overcome, but only at the cost of condoning inherent limitations.
The End of the War/Peace Limit on the Application of International Human Rights Law
Authors: Shany Yuval 
Published: January 2020

Abstract
In ‘The Limits of Human Rights in Times of Armed Conflict and Other Situations of Armed Violence’, Andrew Clapham explains how the dynamics of international human rights law (IHRL) in recent decades, which give effect to foundational principles such as universality and the non-derogability of core humanitarian norms, have extended the limits of IHRL. This comment discusses three sets of concerns, which are also touched upon by Clapham, explicitly or implicitly: the disruptive effect of IHRL on substantive regulations of conflict situations, the functional limits of IHRL monitoring bodies, and the political backlash encountered due to normative and institutional expansion. The comment also offers a number of critical observations on how IHRL has developed so far in relation to armed conflict situations and how should IHRL monitoring bodies apply IHRL in such situations.
The Limits of Human Rights in a Moving World—Elements of a Dynamic Approach
Authors: Delmas-Marty Mireille 
Published: January 2020

Abstract
This contribution discusses the limits to the ideal of human rights in the context of a triple dynamic: the reason of State and its limits; the ecological reason and its call to protect the planet and the ecosystem; and the techno-scientific reason as a supreme reason which ultimately could lead to the refusal of any limit. It suggests that if we consider human rights as a dynamic and transformative process and not as a static concept, these rights remain the counterpoint to the derailments of globalization. They seem more than ever necessary for the emergence of a truly common law. If the interplays of limits are well defined, human rights would make this truly common law more flexible by giving it a variable content within limits which allows it to adapt better to the diversity of the real world.
Historical Strategies for Human Rights
Authors: Ishay Micheline 
Published: January 2020

Abstract
Douglas A. Johnson’s and Kathryn Sikkink’s ‘Strategizing Human Rights: From Ideals to Practice’ rightly argues that the human rights community needs to show greater flexibility to make further inroads in politics. It is incontestable that human rights activists need a proper understanding of the social situation, as different contexts shape distinctive strategic operations. Johnson and Sikkink identify helpful tools of analysis (such as mapping the terrain, sustaining the capacity for change, mass dispersal versus mass concentration, the relevance of a spectrum of allies, non-violent tactics, etc.). But a list of items in the toolbox of a practitioner, if not employed with a thorough understanding of the social, economic, and historical context, can also produce negative results. With these lenses in mind, this comment develops further some of Johnson’s and Sikkink’s points while arguing or questioning other proposed tactics and strategies.
The humble heredity of humongous hemispheres
Authors: Murray Elisabeth A. , Wise Steven P. , Baldwin Mary K. L. , Graham Kim S. 
Published: January 2020

Abstract
In this chapter, a distant ancestor makes a success of greed, laziness, and fear; a driver hits the jackpot; and Dorothy comes to a fork in the yellow brick road. But mainly we consider how the brain evolved. A succession of forks in our evolutionary road produced new brain areas that are crucial for memory. Each of these areas has its own kind of memory, which evolved in a now-extinct ancestral species long ago. In each case, new forms of memory helped these species survive and thrive in circumstances very different from our own. During human evolution, the brain began expanding about 3 million years ago. It reached its current size and shape about 400,000 years ago, long before the acceleration in cultural innovation that characterizes human societies.
Vertebrate voyages
Authors: Murray Elisabeth A. , Wise Steven P. , Baldwin Mary K. L. , Graham Kim S. 
Published: January 2020

Abstract
In this chapter, a rat charts a safe route to cheese; a woman misplaces her car; and one of your ancestors swims for its dinner. But mainly we consider the kinds of memories that evolved in early vertebrates. The brain of these ancestors included the hippocampus, a brain area crucial for memory. The hippocampus evolved to guide navigation, which came with a bonus: support for other memories, such as the sequence and timing of smells and sights. By combining these memories in various ways, vertebrates can construct a map of their world, including spatial layouts and the proximity of items; the order of items in a sequence; and the appearance of landscapes as viewed from various angles. The memories of events and contexts arise from the same source.
Anthropoid augmentations
Authors: Murray Elisabeth A. , Wise Steven P. , Baldwin Mary K. L. , Graham Kim S. 
Published: January 2020

Abstract
In this chapter, Dorothy braves lions (and tigers and bears); a dinosaur eats someone in Jurassic Park; and a proofreader gets a $7 raise. But mainly we consider how a new form of memory helped anthropoids avoid being eaten. When anthropoids faced a high level of volatility in their preferred foods, such as fruit, they had to make more foraging journeys to get enough to eat. Because they faced a severe threat of predation every time they did, these ancestors benefited from any reduction in the frequency of such excursions. So, they had to establish memories that limited foraging errors, and they had to do so quickly. New cortical areas provided this advantage, so anthropoids survived and thrived in a rapidly changing world teeming with predators.
Introduction
Authors: Kreuder-Sonnen Christian 
Published: January 2020

Abstract
The first chapter introduces the emergency problematique for the context of international organizations (IOs). While long tied to the nation-state, the internationalization of political authority in the last decades has now also rendered IOs potential and actual holders of emergency powers. In conversation with the relevant strands of research in international relations, international law, and (international) political theory, the chapter lays out the book’s main conceptual contribution, which consists in an operational definition of IO exceptionalism that is amenable to comparative analysis. Furthermore, it presents the contours of the theoretical framework to analyze the institutional consequences of IO exceptionalism and foreshadows the argument of the analytical model. The chapter concludes with a reflection on research design and methods.