bluuebunny/crossref_metadata_2025_split huggingface dataset:
Conclusion
Authors: Brennan Jason , English William , Hasnas John , Jaworski Peter 
Published: August 2021

Abstract
One way to illustrate how to manage a business or oneself for ethical performance is to teach the lesson in a negative form. How would one run a business if one wanted to induce others and oneself to act worse? One would want to create structures that impose perverse incentives, encourage moral blindness, promote moral confusion, create stress and tight deadlines which encourage employees to cut corners, make a mockery of ethics, push people to conform to others’ bad behavior, and reduce their willpower.
Recursive Reflections
Authors: Yacavone Daniel 
Published: August 2021

Abstract
This chapter casts a critical eye on various classifications of reflexivity that have been proposed by film and media scholars over a number of decades. These center on the reflexive content of films, their self-referential communicative structures and functions, and intended effects of reflexiveness on spectators. In this context it differentiates between (self-)reflexivity and related terms/concepts—metafiction; metacinema, mise en abîme, allusion and intertextuality, self-conscious style and narration—from a twenty-first century standpoint; and outlines an alternative classification of reflexive forms in celluloid and digital cinema. The latter are distinct from specific reflexive devices (e.g., the film within the film, direct address, display of the cinematographic “apparatus”) and general modes (e.g., political, formal, ludic). As illustrated through concrete examples, the five transmedial forms posited—environmental; trans-art and intermedial; generic; creator-centered; performance-based—typically occur in complex combinations. Their identification, and the new conception of cinematic reflexivity this typology represents, aids in the analysis and interpretation of reflexive and metacinematic films and styles.
Seeing Justice
Authors: Bock Mary Angela 
Published: August 2021

Abstract
Seeing Justice examines the way criminal justice in the United States is presented in visual media by focusing on the grounded practices of visual journalists in relationship with law enforcement. The book extends the concept of embodied gatekeeping, the corporeal and discursive practices connected to controlling visual media production and the complex ways social actors struggle over the construction of visual messages. Based on research that includes participant observation, extended interviews, and critical discourse analysis, the book provides a detailed examination of the way these practices shape media constructions and the way digitization is altering the relationships between media, citizens, and the criminal justice system. The project looks at contemporary cases that made the headlines through a theoretical lens based on the work of Michel Foucault, Walter Fisher, Stuart Hall, Nicholas Mirzoeff, Nick Couldry, and Roland Barthes. Its cases reveal the way powerful interests are able to shape representations of justice in ways that serve their purposes, occasionally at the expense of marginalized groups. Based on cases ranging from the last US public hanging to the proliferation of “Karen-shaming” videos, this monograph offers three observations. First, visual journalism’s physicality increases its reliance on those in power, making it easy for officials in the criminal justice system to shape its image. Second, image indexicality, even while it is subject to narrative negation, remains an essential affordance in the public sphere. Finally, participation in this visual public sphere must be considered as an essential human capability if not a human right.
What Can We Do About Science Denial, Doubt, and Resistance?
Authors: Sinatra Gale M. , Hofer Barbara K. 
Published: August 2021

Abstract
In this final chapter, “What Can We Do About Science Denial, Doubt, and Resistance?,” the authors summarize and expand their suggestions for improving public understanding and acceptance of scientific knowledge. They review their recommendations for how individuals can think critically about science, become aware of cognitive biases, and better evaluate scientific information. As educators, the authors draw on their combined decades of research on teaching critical thinking and reasoning to make practical recommendations that teachers in K–12 and higher education classrooms can adopt to develop science-savvy students capable of evaluating evidence and making informed decisions. They remind science communicators of the critical role they play in supporting public understanding of science and caution that they may inadvertently play into the public’s confusion about issues where scientists actually have strong consensus. The authors conclude with recommendations for what policy makers can do to support science education; combat science denial, doubt, and misunderstanding; and create a better-informed citizenry.
Weaker Party Protection
Authors: Hesselink Martijn W. 
Published: August 2021

Abstract
This Chapter discusses the question of whether contract law can and should differentiate between different types of contracting parties according to their relational or social weakness. Should contract law protect certain weaker parties, through the implementation of measures ranging from general rules against unfair exploitation or abuse of circumstances to more specific sets of rules protecting certain categories of contracting parties, such as workers, tenants, and consumers? And if so, who should count as worthy of protection and what kinds of protection should they be granted? Given that consumer protection has been central to EU contract law, this question goes to the core of the justifiability of the European contract law acquis.
Public Policy and Good Morals
Authors: Hesselink Martijn W. 
Published: August 2021

Abstract
This chapter addresses the question of whether a society committed in principle to the legal recognition and enforcement of contracts is free, nevertheless—or even required—to withhold recognition and enforceability from certain contracts, by declaring them ‘null’ or ‘void’ under contract law doctrines such as ‘good morals’ or ‘public policy’, because of their unacceptable content, purpose, or consequences. This is the classical question of freedom of contract, which can be rephrased, to a large extent, in contemporary terms of ‘commodification’ and, for the European Union, as the question of the moral limits to the internal market.
Productive Thoughts
Authors: Perler Dominik 
Published: August 2021

Abstract
We often experience that we have ideas in our mind, which present possible things and incite us to produce some of them. But how can our ideas be intentional? And how can they give rise to actions? In his theory of exemplar causes, Suárez examines both problems and offers a comprehensive theory. The paper first discusses his solution to the intentionality problem, arguing that he subscribes to an act theory, according to which ideas are mental acts that are about something in virtue of their specific content. The paper then reconstructs his solution to the causation problem, showing that he appeals to efficient causation: ideas are powers and hence efficient causes that immediately produce other acts, thereby triggering the production of material things. The analysis of both problems sheds light on Suárez’s broader theory of cognitive activity by showing that he takes mental acts to be intrinsically intentional and productive.
Positive Medicine
Authors: Beaumont David 
Published: August 2021

Abstract
Doctors are still trained to practise to a deficit model of medicine. This book proposes an abundance model that takes the best of health and wellbeing practices, and considers all four aspects of the individual—physical and mental, emotional and spiritual. In Positive Medicine, Beaumont’s disruptive approach takes up the challenge posed by Ivan Illich in Medical Nemesis nearly fifty years ago. He proposes a new relationship between people and their doctors, fostering self-efficacy so that people can be empowered to manage their own health and live happier, healthier lives.
Doctor Becomes Patient
Authors: Beaumont David 
Published: August 2021

Abstract
The author’s heart attack in his early 40s, when working as a rural general practitioner (GP) in the National Health Service (NHS). The author’s career journey: from his medical school training, working as a rural GP for the NHS, his transition to specialist training, and work as an occupational physician. The experience of doctors as patients: first from the author’s personal perspective, but also the tricky matter of treating a fellow doctor. The implications of doctors as patients. The problem of middle-aged men as patients: poor health-seeking behaviour and poor compliance. Sudden death in a patient. The author’s new focus on health and prevention, not disease and treatment. Paternalism in the doctor–patient relationship. Patients or clients? The autocratic doctor, and the concept of patient-centred care. What do patients want from their doctors? The concept of working in partnership with patients.
The Art of Medicine
Authors: Beaumont David 
Published: August 2021

Abstract
The author’s medical training. Hippocrates and the Hippocratic oath, but the shift from ‘First, do no harm’ to modern medicine’s mantra, ‘First, do something’. Modern medical education, and patient contact throughout. A consultant physician’s ward round in the bad old days. The film Patch Adams, based on the life of the maverick Dr Hunter ‘Patch’ Adams, founder of The Gesundheit Institute, and his vision of patient-centred care. The shift from ‘the cholecystitis in bed 3’ to patient-centred care—and patient-centred medical training. The RCGP’s vision statement of 2019, Fit for the Future. Ivan Illich’s 1974 critique of medicine in Medical Nemesis. His term iatrogenesis (clinical, social, cultural). RACP’s EVOLVE initiative seeking evidence of efficacy. Dr John Powles’ 1973 paper ‘On the limitations of modern medicine’. Pain management and the opioid epidemic. The social determinants of health explained. The biopsychosocial model compared with the reductionist medical model. Medically unexplained symptoms and the difficulty of diagnosis. Buck-passing. The purpose and use of Balint groups. Medically unexplained symptoms and chest pain.
What Are ‘Health and Wellbeing’?
Authors: Beaumont David 
Published: August 2021

Abstract
What is health? What is wellbeing? Various definitions of health explored: a common-sense definition first. The health of middle-aged men and the effectiveness (or otherwise) of health and wellbeing programmes (including smartphone apps) in the workplace. US occupational physician, Dr Ray Fabius’ finding that such programmes work only in workplaces with a culture of health. Definition of health: the WHO’s definition (‘a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity’), rejected as an unworkable tool; and one proposed in The Lancet in 2003 as ‘the ability to adapt’. Radically, this definition sees a patient in the context of their current life; the doctor’s role is to help the patient adapt to their prevailing condition. The social determinants of health. Dr Machteld Huber’s definition in The BMJ: ‘health is the ability to adapt and self-manage’. Her subsequent research and definition of six domains in which health manifested. Patients and nurses gave all six about equal weight, but policymakers rated bodily functions as much more important. Doctors rated the spiritual/existential dimension lower than patients. Patient-centred model of medical practice proposed that gives equal weight to all six. Moving towards a positive concept of health. Maslow’s ‘hierarchy of needs’ from his 1943 paper ‘A theory of human motivation’ explained. Professor Martin Seligman, former president of the American Psychological Association, and the concept of flourishing. Seligman’s five components of wellbeing in the PERMA model. Author’s definition of positive health.
Why Should Health and Wellbeing Matter to Doctors?
Authors: Beaumont David 
Published: August 2021

Abstract
Health and wellbeing as central to medical practice. In 2015/2016, author was president of the Australasian Faculty of Occupational and Environmental Medicine and the revamp of the RACP’s annual Congress, featuring Sir Harry Burns, who gave the closing plenary address, exploring the social determinants of health. The role of chronic stress in disease (from Aaron Antonovsky’s 1979 book, Health, Stress, and Coping). The role of adverse childhood experiences and their effect on the amygdala. The hypothalamus–pituitary–adrenal axis and the hormonal cascade. The brain’s response to stress: allostasis. The concept of allostatic load and its role in chronic inflammation, from the work of Professor Sheldon Cohen and others. The role of inflammation in type 2 diabetes. Sir Harry Burns’ concept of locus of control, and the impact of adverse childhood events on glucocorticosteroid receptors. Sir Michael Marmot and the Whitehall I and II studies. Anaesthetist Robin Youngson and compassion in palliative care. Professor Martin Seligman’s concept of learned optimism. Implications for the future of general practice. The importance of spiritual health to indigenous peoples. Māori model of health (te whare tapa whā) developed by Professor Sir Mason Durie, which incorporates spiritual health. ‘Our patients deserve to be treated as people, but doctors are people too.’
How to Reclaim Your Life
Authors: Beaumont David 
Published: August 2021

Abstract
Towards a new model of medical practice: the empowerment model. The social determinants of health and the RACP’s 2019 guidance document, Employment, Poverty and Health. Subsequent work on improving health equity. Resilience and the internal locus of control. The role of childhood trauma, childhood sexual abuse, adverse childhood experiences, and chronic conditions in adulthood. Case example of fibromyalgia and chronic fatigue syndrome, yet post-viral fatigue excluded; the success of a multidisciplinary approach. The importance of self-healing. The placebo effect: in 2016, 97 per cent of GPs in the UK admitted to using placebos. The concept of healing, and the role of sleep—‘Doctors are not good at telling their patients they will get better’. How the Māori model of health works in practice. The importance of spiritual health. How the author uses Māori model of health to co-develop a Life and Health Integration Plan with clients. A case example of this approach in the words of a patient. Using Maslow’s hierarchy of needs and the process of self-actualization. The author’s concept of ‘positive medicine’.
Emotional Health—Te Taha Whānau
Authors: Beaumont David 
Published: August 2021

Abstract
In the Māori model of health, Sir Mason Durie named this cornerstone of health after the family (‘whānau’ in Maori), because of the central place of the family in Māori life. Author adopts a Western approach: ‘emotional health’. Maslow (‘love needs’) and Seligman (‘relationships’) concur. Author acknowledges the importance of his own family and his childhood; examines childhood beliefs and their connection with self-esteem. Practising a different approach: asking ‘What would a person who loves themselves do?’ for 21 days. The US author Byron Katie’s concept of ‘The Work’ to understand our personal triggers. Brené Brown’s 2010 TED talk, ‘The Power of Vulnerability’, which introduces the concept of wholehearted living.
The Customary International Law of Human Rights
Authors: Schabas William A. 
Published: August 2021

AbstractCustomary international law is one of the principal sources of public international law. Unlike many branches of international law, human rights law did not first develop as custom and subsequently become codified. Human rights law was viewed as quintessentially a matter of sovereign concern to States until the mid-twentieth century, when treaties and declarations were adopted by the United Nations and other international bodies. Jurists only began to speak of human rights as customary law in the 1960s. Although its existence is uncontroversial, the content of customary international law in the area of human rights has not previously been analysed in a comprehensive manner. This book discusses the emergence of the customary law of human rights, the debates about how it is to be identified, and the efforts at formulation of customary norms. It examines human rights norms in order to determine whether they may be described as customary, using as a basis the content of the Universal Declaration of Human Rights. Much reliance is placed upon relatively new sources of evidence of the two elements for the identification of custom, namely State practice and opinio juris, in particular the increasingly universal ratification of major human rights treaties and the materials generated by the Universal Periodic Review mechanism of the Human Rights Council. The study concludes that a large number of human rights norms may be described as customary in nature, and that courts should make greater use of custom as a source of international law.
Introduction The customary law of human rights is hiding in plain sight
Authors: Schabas William A. 
Published: August 2021

AbstractMany areas of international law developed first as custom and were only subsequently, generally in the course of the twentieth century, subject to codification. Human rights law was different. It was viewed as quintessentially a matter of domestic concern, a subject shrouded in State sovereignty. Only following the Second World War was international human rights law recognised as a source of binding obligations, mainly through the adoption of the Universal Declaration of Human Rights and other instruments of the United Nations as well as the regional systems. Later, jurists began contending that the norms in these instruments might also be customary in nature. They struggled with identifying the two classic elements in the determination of custom, opinio juris and State practice. Most analysis of the content of customary international law was rather perfunctory and also quite conservative, confining itself largely to civil and political rights.
Identifying the norms of the customary international law of human rights
Authors: Schabas William A. 
Published: August 2021

AbstractReferences to customary law by national and international courts tend to be perfunctory, with only summary attempts to analyse the evidence. It is the same for jus cogens or peremptory norms. The Universal Declaration of Human Rights is increasingly viewed as a source of legal obligation. The near-universal ratification of human rights treaties facilitates the identification of custom, bearing in mind the phenomenon of reservations. Materials generated by the Universal Periodic Review mechanism of the Human Rights Council provide rich evidence not only of State practice but also of the views taken by States about the content of international legal obligations. Regional custom, jus cogens, and the persistent objector are examined.
Equality
Authors: Schabas William A. 
Published: August 2021

AbstractThe right to equality and the prohibition of discrimination is normally formulated with respect to specific grounds. In the Charter of the United Nations, these are race, sex, language, and religion. The list was expanded in the Universal Declaration of Human Rights, where it was also prefaced by the words ‘such as’ thereby recognising that distinctions based upon unenumerated categories might also be encompassed. These might include age, disability, and sexual orientation, for example. International law also provides special protection for children. Related to non-discrimination is the distinct field of protection of minorities, which are identifiable on the basis of ethnicity, language, and religion, and of indigenous peoples.
Solidarity
Authors: Schabas William A. 
Published: August 2021

AbstractSome fundamental rights, variously described as ‘solidarity rights’, ‘people’s rights’ or ‘third generation rights’ are not fully reflected in the human rights instruments. Indeed their place within human rights law remains somewhat controversial although that does not imply that they are not customary in nature. Among them are the right to peace, the right to a healthy environment, the right of peoples to self determination, and the right to development. The main distinction between these rights and other human rights relates to the jurisdiction of human rights bodies. They have a collective dimension that is not present in the same way with the other categories of human rights.
Crime, Protection, and Compassion
Authors: Pereboom Derk 
Published: August 2021

Abstract
Chapter 4 sets out a theory for treatment of criminals that rejects the retributive justification for punishment, does not fall afoul of a plausible prohibition on using people merely as means, and can actually work in the real world. The proposal is largely justified as special deterrence by the right to self-defense and defense of others. This account features a quarantine analogy for a justification of the incapacitation of criminals, for example by preventative detention or monitoring, together with provisions for rehabilitation and reintegration. It also features a justification for penalties designed to secure effective general deterrence, measures that cannot be justified as special deterrence by the self-defense right. Here consequentialist considerations and duties of compensation have a justificatory role.
The Design and Practice of African Constitutionalism
Authors: Gebeye Berihun Adugna 
Published: August 2021

Abstract
This chapter explores and examines how legal syncretism as a result permeates the design and practice of African constitutionalism. By seriously considering the constitutional structures and rights, as well as their practical applications, the chapter attempts to decrypt the identity, nature, and texture of African constitutionalism through legal syncretism. The chapter explicates the nature of the African state and its various modalities of organization, examines the African government architecture, and investigates the constitutional rights regime. Through a closer look at the texts and contexts of constitutions and constitutionalism in Africa, and building on legal, constitutional, social, political, and international relations theory, the chapter aims to reveal the distinctive features of African constitutionalism. The overarching objective of this chapter is to underscore why appreciating the syncretic features of African constitutionalism is necessary for understanding, improving, and fostering constitutionalism on the continent.
Conclusion
Authors: Gebeye Berihun Adugna 
Published: August 2021

Abstract
This concluding chapter explores why and how legal syncretism offers a better theoretical framework than both legal centralism and legal pluralism for understanding the processes and dynamics of African constitutional change and transformation from precolonial times to the present, and for capturing and explaining the identity, nature, and structure of the attendant constitutional designs and practices across time and place. The chapter demonstrates how legal syncretism offers key theoretical tools and practical insights for diagnosing, improving, and evaluating African constitutionalism. The chapter also indicates how future research can be directed towards examining and understanding the various aspects of constitutional designs and practices through the lens of legal syncretism—both within African states and beyond.