bluuebunny/crossref_metadata_2025_split huggingface dataset:
International Dispute Settlement
Authors: Verheyen Roda , Zengerling Cathrin 
Published: November 2016

Abstract
This chapter discusses international dispute settlement in the context of climate change. It looks into where international disputes that relate to climate have been heard and those, such as the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS), which have the potential to hear such disputes. As it forms as the backbone of the international climate change regime, the United Nations Framework Convention on Climate Change (UNFCCC) is also analysed. The chapter gives special attention to the ITLOS as among its main potentials of becoming a forum for future climate change litigation are its jurisdiction on substantive international law with comparatively strong rules on use and protection of marine resources and the marine environment.
Climate Change and Damages
Authors: Voigt Christina 
Published: November 2016

Abstract
This chapter explores the legal understanding of climate change damages in public international law. It shows that international law has been dealing with transboundary damages since its inception. Damages, whether material or immaterial, have been subject to many inter-state disputes presided upon by international courts and tribunals. The United Nations Framework Convention on Climate Change established the Warsaw international mechanism for loss and damage to address loss and damage associated with impacts of climate change, including extreme events and slow onset events, in developing countries that are particularly vulnerable to the adverse effects of climate change, under the Cancún Adaptation Framework. The Warsaw international mechanism is also tasked with the promotion and the implementation of approaches addressing loss and damage associated with those adverse effects. The chapter also describes the growing trend of states who suffer from climate change seeking remedy from other states for their losses.
Human Rights and Climate Change
Authors: Cullet Philippe 
Published: November 2016

Abstract
This chapter investigates the interaction between individuals and states in the face of climate change. It looks into the points of intersection between climate change and human rights regimes by examining the extent to which the climate change regime has recognized and addressed the human rights dimensions of climate change. Indeed, climate change is but one of many global environmental issues and where the climate change regime is part of the corpus of international environmental law, it looks into the extent to which the debate on a right to environment can be used in the context of climate change. International environmental law includes instruments that embrace the human dimensions of environmental issues as reflected, for instance, in the definition of sustainable development adopted in the Johannesburg Declaration on Sustainable Development at the Johannesburg World Conference on Environment and Development.
Climate Change-related Displacement of Persons
Authors: McAdam Jane 
Published: November 2016

Abstract
This chapter examines the scope of existing international law to address ‘climate change-related displacement’, a term used to describe movement where the impacts of climate change affect mobility decisions in some way. It looks into the role of international refugee law, human rights law, and the law on statelessness in protecting people displaced by the impacts of climate change. The extent to which international law and international institutions respond to climate change-related movement and displacement depends upon: whether such movement is perceived as voluntary or forced; the nature of the trigger; whether international borders are crossed; the extent to which there are political incentives to characterize movement as linked to climate change or not; and whether movement is driven or aggravated by human factors, such as discrimination. The chapter also considers the extent to which existing principles on internal displacement provide normative and practical guidance.
Forestry and Agriculture under the UNFCCC
Authors: O'Sullivan Bob , Streck Charlotte 
Published: November 2016

Abstract
This chapter describes the current treatment of the land-use sector under the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. It discusses how various financial incentive and accounting frameworks can complement each other under a future climate treaty. Despite recognizing the importance of forestry and agriculture, the climate change regime has failed to formulate incentives to encourage mitigation in the land-use sector while maintaining the ecological and social functions of landscapes. Unfortunately, the UNFCCC and the Kyoto Protocol only formulate a fragmented set of rules, incentives, and obligations. The Protocol considers forest emissions in developed countries, but fails to create incentives for the sector’s highest emissions reduction and carbon storage potential in developing countries. This phenomenon highlights the importance of a new future climate treaty. Its discussion creates an integrated accounting and incentive framework that facilitates the formulation of robust and complementary adaptation and mitigation strategies.
Climate Change and Disaster Law
Authors: Farber Daniel A. 
Published: November 2016

Abstract
This chapter looks into a specific dimension of adaptation to climate change—disaster risks. It reviews the prospects for increases in disaster risk due to climate change and considers arguments that governments have a duty under international law to respond to these increased risks. Climate change greatly accentuates disasters, putting even more stress on disaster response systems. The list of potential disasters is long, and includes heat waves, droughts, crop failures, wildfires, and outbreaks of illness. Besides the direct threats to human life and property, impacts on food supplies could be severe due to pests, water scarcity, diseases, and weather extremes. The chapter also addresses all phases of the disaster cycle: mitigation, emergency response, compensation, and rebuilding, with rebuilding completing the circle by including (or failing to include) mitigation measures to deal with the risk of another disaster event, and discusses how climate change intensifies problems at each stage.
Climate Change Policy and Law in China
Authors: Wang Alex L. 
Published: November 2016

Abstract
This chapter outlines China’s developing climate change response. The nation is the world’s largest emitter of greenhouse gases and the largest consumer of energy. China’s engagement in the international climate change negotiations can be divided into three phases: a ‘learning’ phase from 1989 to 1995; a shift toward more active participation between 1995 and 2007; and more comprehensive engagement on climate change domestically and internationally around the time of the UN Climate Conference in Bali in 2007. Shortly before the conference, Chinese authorities announced for the first time a comprehensive National Climate Change Program. It presented a range of existing policies created earlier to address other energy and environmental issues.
A Word from the Editors
Authors: du Plessis Paul J. , Ando Clifford , Tuori Kaius 
Published: November 2016

Abstract
This chapter sets out the larger framework of the volume. It describes and contrasts different ways of undertaking Roman legal history, and explains the approach of the present volume. The chapter urges that a rich contextualisation of law in the circumstances of its production and subsequent interpretation accords with deeply held Roman beliefs about the nature of law. It sets ancient and modern notions of the autonomy of law (and the forms of legal historical study that autonomous law might seem to require) in conversation with the autonomy of law as political project in practice. The hard-won social and institutional authority of the Roman jurists is situated in comparative relation to political contests in early modern England among sources of law. Finally, the chapter explain compromises and choices made in the editorial process.
Legal Writing and Legal Reasoning
Authors: Babusiaux Ulrike 
Published: November 2016

Abstract
The writings of Roman jurists from the first until the third century AD show different methodological approaches to law. These differences do not only occur between different jurists, but can be found within the work of one juridical author. Since the nineteenth century, the historical analysis of these writings has tried to reveal common structures and methodological assumptions that may lie behind different types of these legal writings. This task is complicated by the state of transmission of the writings that have essentially been passed down on us within the Justinian Compilation, i.e. in an abbreviated or even mutilated form. Keeping in mind the possible alterations, one can nevertheless try to unite different writings under a common heading. This chapter explores the different groups into which the works of these jurists may be classified from the viewpoint of a narrative analysis of law.
Rhetoric and Roman Law
Authors: Kacprzak Agnieszka 
Published: November 2016

Abstract
This chapter surveys the methods of constructing rational arguments taught in the schools of rhetoric and their impact on juridical argumentation. It surveys: the place of rhetoric in legal education; the basic tools of rhetorical invention, i.e. rhetorical syllogism and induction, general schemes of inference on which singular arguments depended (topoi), and types of questions on which court debates could concentrate (status); the difficulties one is likely to encounter when trying to identify traces of rhetorical teaching in legal sources. It is the contention of this chapter that such attempts are hardly successful, since rhetorical theory codifies, classifies, and to a lesser degree analyses types of argumentation people intuitively use, rather than create them. The mere fact that a jurist applied some pattern of reasoning as described in rhetorical handbooks is insufficient evidence to conclude either that he had some sort of rhetorical education or that he knew rhetorical theory.
Republican Civil Procedure
Authors: Metzger Ernest 
Published: November 2016

Abstract
Those who study civil procedure favour traditional doctrinal research as the best way to determine the general outlines of litigation. Yet within those outlines Roman litigants decided a great deal for themselves, and accordingly the law requires a “human record” to make sense. This is where traditional sources are put aside. How the law dealt with reluctant defendants is difficult to determine with the aid of doctrine alone: none of the legal devices seems to suit. But when one gathers wider evidence and considers the actual manner in which parties prepared themselves for litigation, the suitable remedy makes itself apparent.
Police Functions and Public Order
Authors: Fuhrmann Christopher J. 
Published: November 2016

Abstract
This chapter surveys and analyses major trends in Roman law enforcement and approaches to public order. Chronological coverage runs from the early Republic through later Antiquity, but especially concentrates on the late Republic and early Principate. The overall focus is on society’s responses to perceived challenges to public order, and the state institutions which engaged in policing in Rome, Italy and the provinces of the Roman Empire. While non-institutional self-help was important, emperors, governors, city magistrates, and other power-holders frequently turned to institutional policing to counter crime and threats to social order or state power. Scrutinizing Roman attempts to reinforce public order highlights often overlooked ambitions of the Roman state.
Public and Private Criminal Law
Authors: Riggsby Andrew 
Published: November 2016

Abstract
The chapter surveys various typological divisions of Roman law that invoke terminology such as “criminal” and the like—based on explicit ancient categorisation; sets of procedural features; organization of juristic texts; and/or substantive features—and suggests that the implicit analogies to modern criminal law are not useful. The various Roman categories are less well defined than is usually imagined, and the various means of categorisation are often at cross-purposes. Even the most plausible composite Republican-era category is significantly narrower than the “criminal”, and at any rate the composition would be under-motivated. Imperial law develops a superficially more similar jurisdiction over time, but it is increasingly shaped by factors that have little to do with any particular conceptualization of the subject matter.
Crimes against the Individual
Authors: Bryen Ari Z. 
Published: November 2016

Abstract
This chapter addresses two “crimes” against the individual: violation of his public face (iniuria), and violation of his household (stuprum and adulterium). More than mere prohibited offences, these two types of harm came, during the crises of sovereignty of the late Republic and early Principate, to be potent loci for thinking about the ideal citizen, his political relationships, and the nature of the Roman state. Though these categories were linked together through doctrinal law, their impact is evident in a variety of texts from this period, and so demonstrate the ways in which “law” and “society” were deeply linked at the levels of the fundamental cognitive structures that enabled the Romans to make sense of their lived and historical experience.
Family
Authors: Dixon Suzanne 
Published: November 2016

Abstract
The Roman family was defined at law as a unit controlled by the all-powerful pater familias, its membership determined by relationship through the male line (agnatio). Both formal law and family relations altered between the fifth-century-BC XII Tables and the sixth-century-AD legal compilations ordered by the Eastern Emperor Justinian. In particular, Christianity and married women’s developing capacity to acquire and transmit property drove significant changes in power relations within the family. Scholarly perspectives on Roman law and the Roman family have also changed to take into account the religious and ethnic diversity of the Roman Empire and the social realities behind the rigid legal categories of the law. This chapter surveys these strands of scholarship.
Epigraphy
Authors: Begio Tommaso 
Published: November 2016

Abstract
This chapter deals with the role of legal epigraphy within the study of Roman law and Roman society. After an introductory definition of this discipline, in which some of its peculiarities are stressed, it follows a brief description of the different types of epigraphic legal documents, to finish then with a florilegium of this kind of documents. The aim of the work is to stress, through the analysis of a few sources (but not only through well-known sources), the essential contribution, that inscriptions offer us to gain a more complete and more nuanced view of the system of Roman law in all its complexity.
Contracts, Commerce and Roman Society
Authors: Fiori Roberto 
Published: November 2016

Abstract
The Roman law of contract has developed itself around the idea of obligation. At the beginning of its history, transactions were possibly differentiated only at an economical level, while from the juristic point of view only the obligatiomattered, so that the judicial remedies were general actions. This was probably a legacy of archaic law and society—which valued community more than the individual—some features of which were retained until the end of the Republic. However, changes in civil procedure caused the arising of a contractual system based on typicality, and this had the further consequence that the transactions not received into the system were considered atypical, their protection being provided by the reuse of the ancient general actions under new form. At the end of the Principate, changes in society and civil procedure reduced the importance of typicality, and some characteristic features of classical contract law were lost.
The Coevolution of Religious Belief and Intuitive Cognitive Style via Individual-Level Selection
Authors: Stagnaro Michael N. , Rand David G. 
Published: November 2016

Abstract
This chapter introduces a novel theory for the coevolution of religious belief and intuitive cognition. The theory bridges the byproduct and functionalist perspectives on the evolution of religion, without requiring selection at the level of the group. It starts with the byproduct position that cognitive mechanisms yielding advantages unrelated to belief gave rise to early protoreligious beliefs, and associated empirical evidence that intuition supports belief while deliberation breeds skepticism. It argues that once byproduct-induced early beliefs became prevalent within a community, those who questioned would face sanctions from committed believers (for example, out of fear that those who questioned belief would anger the gods/ancestors, bringing harm to the community). This sanctioning of belief questioning creates individual-level selection pressure to believe and, thus, individual-level selection pressure for intuitive cognition and against deliberative cognition. In this way, religious belief and intuitive cognition can be maintained by natural selection, without creating group-level benefits.
Adolescence and Religion
Authors: Alcorta Candace S. 
Published: November 2016

Abstract
Throughout the world adolescence is deemed the appropriate life stage to “learn religion.” Nearly three-quarters of societies conduct adolescent rites of passage transmitting sacred rituals and beliefs. Neurophysiological changes that occur during adolescence render this an “experience-expectant” period for the transmission of religious schema and values. Brain regions critical to emotional, social, and symbolic processing mature, creating a plastic neural substrate for imbuing social and symbolic schema with emotional meaning and reward value. Religion in general, and adolescent rites of passage in particular, are optimally adapted for this task. Music-based ritual and emotionally evocative elements of religion optimize reinforcement learning. The costly and autonomically arousing ordeals of many rites ensure fear conditioning. Such learning shapes maturing neural networks, impacting choices and behaviors. Evolutionary anthropologists view religion as a costly signal of group commitment. Adolescent rites of passage are a powerful proximate mechanism for creating and maintaining cooperative, cohesive groups.
The Roots of Intergroup Conflict and the Co-optation of the Religious System
Authors: Kiper Jordan , Sosis Richard 
Published: November 2016

Abstract
This chapter reviews the cultural evolution of religious terrorism since the late nineteenth century and explores how terrorists have effectively exploited religious systems to pursue their political goals. Religious systems are adaptive complexes that efficiently respond to rapidly changing socioenvironmental conditions and successfully motivate prosocial and sacrificial behavior by engaging evolved psychological capacities. Ongoing religious terrorism differs from previous waves of terror by manipulating religious systems in order to frame political conflicts, organize combatants, and render collective violence as sacred. By taking an evolutionary perspective of religious terrorism, scholars can begin to shed light on the ultimate and proximate mechanisms of collective violence and the manner in which religion contributes to contemporary terrorist activity.
Material Culture
Authors: Cooney Gabriel 
Published: November 2016

AbstractMaterial culture is central to all aspects of archaeology and yet it continues to be argued that things have been under-theorized in archaeological theory. The focus on this chapter is on developments in the study of material culture since the ‘material culture turn’. A range of current approaches—material culture studies, materiality, symmetrical archaeology, material engagement theory, and entanglement—are examined. Three approaches that focus on the relations between people and things through the interconnectivity of their respective lives; the chaîne opératoire, object biography, and life history (behavioural archaeology) are also discussed. The convergence between different theoretical approaches and the challenge of integrating the richness and variety of theoretical insight into practice is addressed.
Continental Philosophies
Authors: Moran Dermot 
Published: November 2016

AbstractPhenomenology and hermeneutics were hugely influential methodologically in 20th-century European philosophy. They were also taken up in the human sciences more generally, but only relatively recently (from the 1980s on) incorporated into archaeological theory. Phenomenology emphasizes the human subjective and intersubjective encounter with landscape, nature, artefacts, and the whole ‘life-world’. Beginning from the careful description of life in the everyday, contemporary world, attentive to the shape of time, space, history, and culture in that world, phenomenology can also disclose aspects about the material worlds of past cultures, describing the embodied encounters of people with landscapes, monuments, and artefacts from the past.
History of Memory
Authors: Markowitsch Hans J. , Staniloiu Angelica 
Published: November 2016

Abstract
The historical roots of memory research—mainly from the period between 1870 and 1920—are described with emphasis on human memory. First, data from experimental psychology are reviewed; thereafter principal contributions from the old traditions of psychiatry and psychoanalysis are given and then relations between brain tissue damage and memory deficits are outlined. Experimental as well as clinical studies of that time already provided evidence for theoretical ideas on memory systems, which resemble those en vogue today. Furthermore, significant and still valid findings were reported on the contribution of bottleneck structures of the limbic system for mempry encoding. Among these, the mammillary bodies, thalamic nuclei, and the medial temporal lobe were most consistently mentioned. Furthermore, early findings from psychiatric patients revealed similar forms of dissociative states as found presently and indicated that these disease conditions occur much more in young than in older adults.
Dependency Theory
Authors: Mahoney James , Rodríguez-Franco Diana 
Published: November 2016

AbstractThis article focuses on dependency theory and its influence on scholarly work in the field of international development. After tracing the roots of dependency theory, the article considers its relationship to the international economy, multinational capital, the local bourgeoisie, and the state. It then discusses dependency theory as a set of general concepts and orientations for formulating theories and explanations, as well as a set of directly testable and falsifiable hypotheses. It also emphasizes the utility of dependency theory for explaining the historical trajectories of development in Latin America, sustained robust economic growth in South Korea and Taiwan, globalization, and recent strong growth in China and some of its raw material suppliers. The article shows that dependency theory has mixed results as a testable theory but has been quite successful when used as a theoretical framework.