bluuebunny/crossref_metadata_2025_split huggingface dataset:
What We Mean When We Talk about ‘Human Rights’
Authors: Wheatley Steven 
Published: March 2019

Abstract
Chapter 1 examines the different ways the idea of ‘human rights’ is understood in the philosophical literature: as a modern idiom for natural rights, establishing a moral code for the treatment of human beings; as defining the proper relationship between the state and the individual; as explaining the circumstances when secondary agents of justice can intervene in the internal affairs of a state; and as a discrete area of international law practice. Noting the lack of agreement on the meaning of the term ‘human rights’, the analysis here looks to develop a practice-based account, explaining the idea of human rights by reference to the practice, which, in turn, creates its own vision of the value of the human person in political societies.
Complexity as a Methodology in International Law
Authors: Wheatley Steven 
Published: March 2019

Abstract
Chapter 2 explains how we can use complexity theory to make sense of the international law system. Drawing on the insights of our colleagues in the natural sciences, it shows how we can conceptualize international law as the emergent property of the actions and interactions of states, evolving as states respond to unexpected changes in the behaviours of other states or occurrences in the outside world. The work takes the key insights from complexity—self-organization, emergence and downward causation, problem-solving, synchronic evolution, bifurcations, path dependence, events, and attractors—and shows how these can be applied to international law.
The Core UN Human Rights Treaty Systems
Authors: Wheatley Steven 
Published: March 2019

Abstract
Chapter 4 examines the core United Nations human rights treaties. It shows how we can think of these as complex systems, the result of the interactions of the states parties and the treaty bodies. The work first explains the regime on opposability and denunciation, which establishes the binding nature of the conventions, before considering the law on reservations, noting how this differs from the scheme under general international law. The chapter then turns to the interpretation of convention rights, detailing the distinctive pro homine (‘in favour of the individual’) approach applied to human rights treaties. The law on interpretation also requires that we examine the subsequent practice of states parties, as well as the pronouncements of the treaty bodies. The doctrine of evolutionary interpretation explains how the ‘ordinary meaning’ of treaty terms can evolve with developments in technical and scientific knowledge, changes in societal understandings, and wider modifications in regulatory approaches outside of the human rights treaty system.
Customary Human Rights Law
Authors: Wheatley Steven 
Published: March 2019

Abstract
Chapter 5 looks at customary human rights law, explaining how we can think about custom as a self-organizing system, the emergent property of the performative acts of states, who literally ‘speak’ customary human rights into existence; customary law then binds the same countries that brought it into existence, exhibiting the characteristics of a complex system. Complexity serves to remind us of the importance of path dependence, the power of events, and possibilities of change as states respond to new information. The work shows how the measures targeting apartheid South Africa after the Sharpeville Massacre resulted in the first customary human right on the prohibition of racial discrimination, as well as an evolution in the methodology for custom-formation, allowing reference to General Assembly resolutions and law-making treaties. The chapter further demonstrates how the status of persistent objector was denied to apartheid South Africa, confirming the non-negotiable character of fundamental human rights.
Epistemology and Philosophical Method
Authors: Millar Alan 
Published: March 2019

Abstract
Mainstream epistemology has aimed to provide reductive analyses of knowledge in terms of conditions on belief. Kinds of knowledge, for instance, perceptual knowledge and knowledge from testimony, are supposed to be explicated by drawing on the general analysis. This chapter outlines an alternative approach to epistemological method that aims to provide substantive accounts of knowledge of particular kinds and to illuminate knowledge in general in terms of those accounts. A case is made for the claim that those enquiring into the truth of some matter should aim at knowledge, and indeed reflective knowledge. It is argued that although epistemology is concerned with the nature of knowledge it should be sensitive to how the concept of knowledge figures in our thinking. Fruitful conceptual enquiry need not aim to provide analyses of concepts.
Justified Belief, Reasons, and Evidence
Authors: Millar Alan 
Published: March 2019

Abstract
Normative reasons for belief—reasons to believe something—are constituted by truths or facts. Such reasons are distinguished from motivating reasons for belief, that is, reasons for which a subject believes something. These are constituted by considerations that the subject treats as reasons to believe. One has a justified belief, in the sense of a well-founded belief, only if the considerations that constitute one’s motivating reason are truths that one knows. Evidence-based knowledge that P is explicated in terms truths or facts that provide an adequate reason to believe that P. It is argued that not all knowledge is evidence-based, and suggested that we need to make sense of the idea that evidence adequate for knowledge is clinching evidence. The discussion addresses a problem raised by Jennifer Hornsby about the distinction between normative and motivating reasons.
Perception and the Justification of Belief
Authors: Millar Alan 
Published: March 2019

Abstract
The discussion in this chapter is critical of theories that treat experiences, conceived in a non-relationalistic fashion, as evidence for beliefs, as in the work of Earl Conee and Richard Feldman. It is also critical of James Pryor’s theory of immediate justification. Judgements implicated in recognition, being exercises of general recognitional abilities, are regarded as rationally responsive to ways the world is. Justification for beliefs acquired in acts of recognition is provided by truths as to what one perceives to be so. An account is given of our access to such truths, and objections to the view of justification are addressed. Affinities with, and differences from, views advanced by John McDowell are explored, with particular attention given to his conceptions of experience. Implications for empiricism are drawn out.
Introduction
Authors: Eckes Christina 
Published: March 2019

Abstract
The Union, while externally trying to assert the role of one single international actor, remains internally a complex and compound legal order in which numerous actors, that is, Member States and different EU institutions, participate and struggle for visibility. The apparent contradiction between the Union’s ambition to create one uniform international presence and the many internal actors and complex structures is not new but tensions have significantly increased as a result of the Union’s extended powers and ambitions, as well as the political climate within and beyond the Union. These tensions not only influence the Union’s external capacity and actions; they also have an impact on the Union’s internal constitutional structures. Some of the Union’s external actions profoundly change its internal mode of operation and transform the relationship between the Union and its Member States. They influence the settled understanding of certain organizational principles and the Union’s division of powers. The role of the EU institutions changes as a result of the EU’s external actions. The resulting changes cannot easily be translated into an overall extension or reduction of powers but have more nuanced implications. More importantly, these changes also affect the relationship between the Union and EU citizens. They offer opportunities for justification and bonding. This Introduction sets out the objectives, relevance, and the structure of the book.
Conceptual Toolkit
Authors: Eckes Christina 
Published: March 2019

Abstract
Chapter 1 sets out the conceptual framework for the rest of the book. It first and foremost develops the meaning and relevance of structures of bonding that formally legally connect the Union and its citizens. One prominent example is the European Parliament’s legal mandate to represent EU citizens. The chapter further identifies the autonomy and effectiveness of the EU legal order as the unique features that set it apart from international organizations and international law. The potential of structures of bonding depends on these features. Chapter 1 also develops the mutually dependant relationships of autonomy, effectiveness, structures of bonding, and the legitimacy of the Union and its actions. It identifies different dimensions of legitimacy and emphasizes, drawing on Jürgen Habermas, justifiability or, even more precisely, worthiness of recognition (Annerkennungswürdigkeit) as the core of legitimacy. Justification to individuals, as EU citizens and national citizens, returns in all the following chapters as a necessary precondition for legitimacy and as the core potential of bonding structures.
International Courts or Tribunals and the Autonomy of the EU Legal Order
Authors: Eckes Christina 
Published: March 2019

Abstract
Chapter 6 examines the consequences of the Union’s submission to the jurisdiction of international courts and tribunals (ICTs) for the autonomy of the EU legal order. In fact, no discussion of the effects of external relations on the internal constitutional structures would be complete without considering the specific and ever-increasing external pressure from ICTs that led the Court of Justice (CJEU) to take a rather protective and controversial position, for example, in Opinion 2/13 (EU accession to the European Convention on Human Rights). Chapter 6 concentrates on three ICTs that have, in the eyes of the Court or the Commission, raised particular issues for the autonomy of the EU legal order: investor-state dispute settlement mechanisms/the Investment Court System (ISDS/ICS), the Aarhus Convention Compliance Committee (ACCC) and the European Court of Human Rights (ECtHR) after the EU’s accession to the ECHR. The chapter draws the conclusion that, under certain circumstances, the CJEU’s concern that ICTs may threaten the autonomy of the EU legal order is plausible and links this conclusion to the potential of emerging structures of bonding within the EU legal order, as well as the effectiveness and legitimacy of the Union and its actions. Simply put, conceptual legal autonomy is needed for all three. Indeed, the very potential of structures of bonding depends on autonomy. One can only bond with an autonomous entity.
The Silent Revolution in EU Health Law and Policy
Authors: de Ruijter Anniek 
Published: March 2019

Abstract
The first chapter outlines that most national health laws assume a special connection between health law and policy and fundamental rights and values. The denial or approval of authorization of a specific controversial medication, or the payment for health care in a Member State other than the home state of insurance—and many of the other questions and issues that are addressed in the EU with regard to human health—illustrate that the involvement of the EU in human health can also involve controversial questions, where fundamental rights, bioethical issues, regulatory problems, and redistributive choices may intertwine. This calls into question the power the EU has in this regard, particularly if we take into consideration that human health law and policy are often seen in light of a special reciprocal relationship with fundamental rights and values. Infringements of fundamental rights can harm human health, for instance in cases of torture, or discrimination against people with a particular disease such as HIV/AIDS or mental disorders. At the same time health policy can affect fundamental rights, such as when obligatory vaccination programmes or quarantines are ordered. Hence fundamental rights and values form a benchmark for analysing the legitimacy of health policy. The specific values and rights that are internal to health law set the agenda for this book.
EU ‘Public Health’ and ‘Health-care’ Law and Policy
Authors: de Ruijter Anniek 
Published: March 2019

Abstract
Taking into consideration the central health provision in the Treaty, which outlines that health is to be ‘mainstreamed’ in all other EU policies, it could be inferred that EU public health and health-care policy and law is either non-existent as an autonomous policy area, or that it is basically everything, in that all EU public policy is also health policy. This puzzle forms the starting point for this chapter, which describes the nature of EU power in the field of human health currently. The chapter first, as an initial exploration, questions the existence of a European authoritative concept of ‘health’. Second, the chapter takes into consideration the nature of EU policymaking in general and regarding health in particular and develops a concept of EU health law and policy, distinguishing between EU public health and EU health-care law and policy. Last, to draw out the scope of EU health policy more specifically, a historical overview is given of the involvement of the EU in health. The chapter conceptualizes EU power in the field of human health as authoritative allocations of value through the European Union political system with the object of protecting and promoting human health. This conceptualization draws out the scope of policy that will be the central focus for the following chapters.
The EU Constitutional Constraints on the Intrinsic Relationship of Values, Rights, and Human Health
Authors: de Ruijter Anniek 
Published: March 2019

Abstract
The main thrust of this last chapter is that, while the EU’s power in public health and health care is expanding, the current constitutional doctrines for constraining EU power in the field of human health are not designed specifically with human health in mind and therefore are not capable of safeguarding the values and rights that are intrinsically connected to human health law and policy. The constitutional setting of the EU affects the place and protection of values and rights in EU health law that are central to the health law of the Member States—values and rights such as human dignity, equality, and solidarity. At Member State level, EU law affects health law, as it is approached as a barrier to trade, whereas at EU level, health law is re-created, but its inherent values are often depoliticized through science or lose significance in light of ‘higher’ internal market objectives. If the EU is expanding its powers in human health, and there are constitutional constraints to offer fundamental rights protections to individuals and populations, the legitimacy of EU power in health can be questioned. Hence, considering the reciprocal relationship of health policy with fundamental rights and values, EU health policy has an important role to play in the legitimacy of the EU political system itself, and this might involve taking a step back from its growing power in the field of human health.
Reasons to Doubt
Authors: Hoyle Carolyn , Sato Mai 
Published: March 2019

Abstract
This book reveals what happens to applications for post-conviction review when those in England and Wales who consider themselves to have been wrongfully convicted, and have exhausted direct appeal processes, apply to have their case assessed by the Criminal Cases Review Commission. It presents the findings of the first thorough empirical study of decision-making and the use of discretion within the Commission. It shows how the Commission exercises its discretionary powers in identifying and investigating possible wrongful convictions for rehearing by the Court of Appeal. The research it draws on — a three year empirical study — comprises a mixed-method approach of quantitative and qualitative analysis of case files and aggregate data, as well as interviews with decision makers and observations of committee meetings to fully grasp the workings of the organisation from a socio-legal perspective and to understand how discretion operates at the individual and institutional level.
Responding to Wrongful Convictions
Authors: Hoyle Carolyn , Sato Mai 
Published: March 2019

Abstract
This chapter provides a background on the Criminal Cases Review Commission of England and Wales, first by tracing its origins and remit and then comparing its post-conviction review procedures with those of other jurisdictions. It was the Criminal Appeal Act 1907, which established the Court of Criminal Appeal, that introduced the first system of regular appeals against criminal conviction in England and Wales. The Court of Criminal Appeal was the forerunner of today's Court (Criminal Division), created in 1966. Since the Commission started work in 1997, it has received thousands of applications relating to wrongful convictions and/or sentences. After discussing the history of the Criminal Cases Review Commission in the UK, the chapter considers post-conviction review in other parts of the world, focusing on Scotland, Norway, North Carolina, Canada, Australia, and New Zealand.
The Nature of Applications to the Commission
Authors: Hoyle Carolyn , Sato Mai 
Published: March 2019

Abstract
This chapter examines the nature of applications for wrongful convictions that the Criminal Cases Review Commission receives and the kinds of issues raised by applicants. It highlights the potential flaws of applications presented to the Commission, such as those relating to investigations conducted by police and prosecutors. It also reviews the extant literature on the sources of wrongful conviction to explain the range of possible misconduct and legal, scientific, or human error that might lead to an applicant being wrongfully convicted, or to believing themselves to be so. A number of sex cases and ‘expert evidence’ cases are discussed to illustrate the fallibility of witnesses, vulnerable suspects, the fallibility of science and expert testimony, due process failures, and the pervasive influence of prejudice and fear. The chapter concludes with some reflections on the changing nature of wrongful convictions over the past decade or two.
Managing Uncertainty in Forensic and Expert Evidence Cases
Authors: Hoyle Carolyn , Sato Mai 
Published: March 2019

Abstract
This chapter examines issues arising from cases that turn on forensic and expert evidence, focusing on how the Criminal Cases Review Commission investigates such applications and makes its decisions. Drawing on a sample of sixty-one cases involving forty-two applicants, the chapter shows how the Commission makes decisions in cases that ‘turn on’ forensic science and expert testimony. It also considers the influence of developments in the ‘surround’ of the Commission and how the surround affects the Commission's decision field — the broad setting within which decision-making at the Commission takes place. Finally, it analyses the role of decision frames in the Commission's decision-making on forensic and expert evidence cases, noting that such frames are characterised by uncertainty and even anxiety. Concerns about the interpretation and presentation of forensic evidence at trial are discussed, along with the legal and narrative frames of decision-making in forensic and expert evidence cases.
Managing Efficiency and Thoroughness in Case Review
Authors: Hoyle Carolyn , Sato Mai 
Published: March 2019

Abstract
This chapter examines the Criminal Cases Review Commission's decision-making process through the lens of efficiency and thoroughness. It first considers the ‘sense-making’ process of gathering and interpreting information within the Commission and how the Commission prioritises cases before discussing the Commission's formal ‘knowledge-building’ based on expert evidence and complainant credibility, along with its cultural knowledge. It then analyses the Commission's field that sets the boundaries of the scope of organisational enquiry, the decision frames that help individual decision-makers to operationalise the concepts of thoroughness and efficiency, and the key performance indicators used to measure the Commission's success. It also explores the amount of ‘empirical’ investigation beyond ‘desktop’ reviews carried out by case review managers (CRMs) and the use of section 17 powers to obtain information from external bodies and experts. Finally, it explains how the Commission secures compliance without resorting to legal coercion.
Last Chance for Justice
Authors: Hoyle Carolyn , Sato Mai 
Published: March 2019

Abstract
This concluding chapter summarises the book's key findings and examines the main cultural and structural influences on the Criminal Cases Review Commission's decision-making. It begins with a discussion of three significant changes to the Commission's ‘surround’: reductions in legal aid for defendants and appellants; growing evidence of non-disclosure of potentially exculpatory evidence by police and prosecution; and the declining reliability of forensic science evidence. The chapter then considers the critics' claim that the Commission's referral rate is too low and how this raises concerns about access to justice, along with developments in the surround in relation to the ‘field’ and the ‘frame’. It also analyses variability in the Commission's response to cases and its relationship with various ‘stakeholders’. Finally, it looks at the notion that the Commission is too ‘deferential’ to the Court of Appeal when it comes to making decisions about which cases meet the ‘real possibility test’.
The Earl, the Kings, and the Chronicler
Authors: Patterson Robert B. 
Published: March 2019

Abstract
This book is the first full length biography of Robert (c.1088 × 90–1147), grandson of William the Conqueror and eldest son of King Henry I of England (1100–35). He could not succeed his father because he was a bastard. Instead, as the earl of Gloucester, Robert helped change the course of English history by keeping alive the prospects for an Angevin succession through his leadership of its supporters in the civil war known as the Anarchy against his father’s successor, King Stephen (1135–54). The earl is one of the great figures of Anglo-Norman History (1066–1154). He was one of only three landed super-magnates of his day, a model post-Conquest great baron, Marcher lord, borough developer, and patron of the rising merchant class. His trans-Channel barony stretched from western Lower Normandy across England to South Wales. He was both product as well as agent of the contemporary cultural revival known as the Renaissance of the Twelfth Century, bilingual, well educated, and a significant literary patron. In this last role, he is especially notable for commissioning the greatest English historian since Bede, William of Malmesbury, to produce a history of their times which justified the Empress Matilda’s claim to the English throne and Earl Robert’s support of it.
Introduction
Authors: McLeish Tom 
Published: March 2019

Abstract
This first chapter surveys the landscape of the book, and the questions it will seek to explore. By listening to the verbal associations we bring to arts and to science, we observe that one reason for the differences is that artists and scientists are private and public about different aspects of their work. Science only speaks of the creative, inspirational moments, more familiar in the arts, in hushed tones, while artists are less forthcoming about the arduous journey from concept to creation through experiment, trial, and error, an essential process closely shared with science. By listening to Einstein, Shakespeare, Wordsworth, Keats, and the biblical Book of Job, we conceive of the commonality of imagination within constraint that connects the work of art and science alike.