bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: Miller D. Gary 
Published: September 2012

AbstractSince this volume is about the external influences on English, there is no discussion of the Indo‐European heritage per se. Nevertheless, as a matter of contextualization, the place of English in the Germanic branch of Indo‐European is discussed, along with other Germanic languages and non‐Germanic influences. Because of early Celtic influence on English, there is also a discussion of the members of the Celtic family and their properties to identify the specific source(s) of influence.
Celtic, Roman, and Germanic background
Authors: Miller D. Gary 
Published: September 2012

AbstractThis chapter elaborates on the history of contact between the Germanic languages that made up Old English and the main languages in their environment from which words and other elements were transferred. The history establishes a timeframe for contact with pre‐Celts, Celts, and Romans, and discusses the nature of the evidence for the different types of contact. Toponyms figure prominently, as do specific structural convergences with Brythonic Celtic.
The French input
Authors: Miller D. Gary 
Published: September 2012

AbstractFrench influence on English was largely lexical, but because of the high volume of loanwords the effect on English morphology was extensive. This chapter outlines the historical context in which thousands of words were transferred, the two main dialects from which they came, the death of French in England as seen in records of the London Grocers’ Company, and the suffixes that became productive in Middle and Early Modern English.
Sharīʿa as Rule of Law
Authors: Emon Anver M. 
Published: September 2012

Abstract
This chapter introduces and explains the analytic purchase of considering Sharīʿa as Rule of Law. The chapter addresses in inductive fashion various features of premodern Islamic law (e.g. curriculum, minstitutions of adjudication, and interpretive theories). It contrasts those features with the contemporary elements that contribute to the legal culture of modern states, and thereby contributes a historical dimension to the Rule of Law analytic framework developed in the Introduction and this chapter.
Religious Minorities and the Empire of Law
Authors: Emon Anver M. 
Published: September 2012

Abstract
This chapter offers a comparative set of examples to the dhimmī rules by analyzing recent court decisions in France, the UK, and the US that regulate the covered Muslim woman. By offering a close reading of the cases and examining the jurisprudence used to justify the legal outcomes, the chapter suggests that the dynamics underlying premodern dhimmī rules and contemporary legal decisions on the covered Muslim woman share more than might seem apparent.
Introduction
Authors: José L. Zalabardo 
Published: September 2012

AbstractThis introduction introduces three central themes of the chapters in the collection: the relationship between Wittgenstein's account of representation and Russell's theories of judgment, the role of objects in the tractarian system and Wittgenstein's philosophical method. It argues that some central aspects of the tractarian theory of representation should be understood as a modification of Russell's ideas on judgment. It then discusses the role of Frege's context principle in Wittgenstein's ideas.
Early Wittgenstein on Judgement
Authors: Hanks Peter W. 
Published: September 2012

Abstract
In ‘Notes on Logic’ and the Tractatus Wittgenstein put forward different accounts of judgment sentences, both of which are attempts at finding a way through a dilemma. On one hand, ‘A judges p’ is not a truth-function of p and cannot express a relation between a subject and something named by p, since the sentence p is not a name for anything. On the other, p must occur as a complete sentence in the analysis of ‘A judges that p’. It cannot be broken up into its components in the manner of Russell's multiple relation theory of judgment. This chapter shows how Wittgenstein's attempts at reconciling these competing demands are closely tied to the evolution of his views about elementary sentences from ‘Notes on Logic’ to the Tractatus. A larger aim is to shed light on the picture theory of meaning by showing how it developed out of the very different account of sense in ‘Notes on Logic’.
The Tractatus and the Unity of the Proposition
Authors: Candlish Stewart , Damnjanovic Nic 
Published: September 2012

Abstract
One of the central problems Wittgenstein faced in the work which led to the Tractatus was the ancient one of explaining the unity of the proposition. Roughly, the problem is this: if a proposition has constituents, then what is it about a proposition that distinguishes it both from a mere list of its constituents, and from another proposition with the same constituents, so that it represents the world as being a certain way? While this problem has often been ignored, it has recently re-emerged in contemporary philosophy of language. This chapter considers Wittgenstein's dissatisfaction with the approaches to the problem offered by Frege and by Russell, and provides an account of his own solution. In order to evaluate the solution the chapter distinguishes several aspects of the problem of the unity of the proposition and suggests the relevance of Wittgenstein's position to some contemporary views.
What Can You Do with the General Propositional Form?
Authors: Diamond Cora 
Published: September 2012

AbstractPeter Sullivan has argued, about Wittgenstein's Tractatus, that there is no way in which the variable which is supposed to give the general form of proposition can be constructed, and that, even if it could be constructed, there is no obvious way in which it can be put to use. The chapter focuses on the second claim, and argues that there is a straightforward sort of use for the variable, but that such a use cannot be seen unless we abandon a familiar way of interpreting Wittgenstein's remarks about how propositions can occur in other propositions. Among the good reasons for abandoning that interpretation is that we shall also be able to give a satisfying interpretation of Wittgenstein's deeply puzzling remarks about belief. The chapter explains how a different interpretation of the remarks about propositional occurrence fits in with central ideas of the Tractatus. It also demonstrates how Wittgenstein understood the activity of philosophical clarification of our thoughts, by providing some examples of how such clarification works.
Russell’s Merit
Authors: Kremer Michael 
Published: September 2012

AbstractAt Tractatus 4.0031, Wittgenstein writes that ‘Russell's merit is to have shown that the apparent logical form of a proposition need not be its real form.’ What precisely did Wittgenstein take himself to have learned from Russell? The easy answer is that in ‘On Denoting,’ Russell showed that the logical form of sentences containing denoting phrases differs from that suggested by their surface grammar, but can be displayed perspicuously in a formal language. Thus, Russell's merit is to have shown that ‘colloquial language disguises the thought’ (Tractatus 4.002), while a formal language can reveal the form of the thought which colloquial language occludes. This interpretation faces several difficulties. Given Frege's analysis of universal propositions as containing covert applications of the conditional, why should this be Russell's merit, rather than Frege's? Why is Russell's merit mentioned in a comment (4.0031) on 4.003, which explains that the problems of philosophy are nonsensical, rather than on 4.002? How is Russell's merit related to the ‘critique of language’ identified with ‘all philosophy’ in 4.0031? The chapter develops an alternative interpretation capable of answering these questions, based on a careful account of the development and content of Wittgenstein's account of philosophical nonsense, and of Russell's use of the theory of descriptions to solve philosophical puzzles. Russell's merit is shown to involve the idea that a formal language can be used to reveal categorial equivocations in the nonsensical sentences of philosophers, thus showing those sentences to have no determinate logical form at all.
Naturalism and ‘Turning our Examination Round’
Authors: McGinn Marie 
Published: September 2012

Abstract
In his later work, Wittgenstein attacks the tendency to sublime the logic of our language that he finds in Russell and his own earlier philosophy. This chapter argues that this tendency should be taken to include, not only our craving for generality, but also the temptation to picture meaning as a remarkable act of mind. The chapter then discusses the strategies employed by the later Wittgenstein to undermine both aspects of this tendency.
Is Leviathan Still Holding Sway over International Dealings?
Authors: Cassese Antonio , Condorelli Luigi 
Published: September 2012

Abstract
According to many commentators, the state is in crisis because it is undergoing a downright expropriation of the main prerogatives and functions associated with it, to the benefit of international agencies and organizations, on the one hand, and the business world, on the other. Regarding the latter, it is pointed out in particular that it increasingly escapes the grasp of ‘state-centric’ law — whether national or international — and ultimately operates under the exclusive dominion of the rules it gives itself: private law made by private persons, in the logic of ‘leges mercatoriae’ (or the like). This chapter first considers the evolution of international law, and then the autonomy of private economic power, as contributory causes of the alleged crisis of the state.
Customary International Law: The Yesterday, Today, and Tomorrow of General International Law
Authors: Condorelli Luigi 
Published: September 2012

Abstract
Three developments may be observed in current international relations. First of all, in fact courts, and in particular the International Court of Justice, tend to attach overriding importance to opinion juris over usus. Secondly, at present a broad correspondence can be found between general customary rules and those provisions written down in large international conventions of (basically) universal character. Thirdly, among customary rules of international law some have emerged that have a special legal force: they may not be derogated from by treaty law. There are three possible ways of improving upon the current role of customary law. First, the widely lamented fragmentation of international law in separate and self-contained legal regimes, in fact depends, in large measure, on the as it were ‘fragmented eye’ of the observer, rather than on the fragmentation of the observed object. Hence, the best way to counter this fragmentation would reside in training practitioners in general international law, rather than in (or in addition to) specialist areas. Secondly, it is necessary to promote compliance with jus cogens, by ensuring that all members of the international community have effective tools at their disposal for the removal of treaties affecting the fundamental rights of each and all. Thirdly, mechanisms should be put in place for monitoring compliance of Security Council decisions with the principles of the UN Charter including jus cogens.
The Deficiencies of the Law of State Responsibility Relating to Breaches of ‘Obligations Owed to the International Community as a Whole’: Suggestions for Avoiding the Obsolescence of Aggravated Responsibility
Authors: Dupuy Pierre-Marie 
Published: September 2012

Abstract
The 2001 International Law Commission (ILC) Articles on State Responsibility are a valuable but incomplete project which, to some extent, relied on the dream of an ‘international community’. One of the main weaknesses of the ILC Articles is that, after eliminating the concept of ‘crime of state’, substituted by the notion of ‘breach of an obligation owed to the international community as a whole’, they do not provide a comprehensive and substantial legal regime for the responsibility of one state vis-à-vis other states, whether they belong to a specific group or simply to the international community as a whole. This chapter considers different scenarios in order to answer the following question: is the multilateral dimension of the modern law of state responsibility just a dream based on an optimistic vision born during the second half of the last century? Or is there still a chance to make this dream a reality in the future?
Immunity of States and State Officials: A Major Stumbling Block to Judicial Scrutiny?
Authors: Gaeta Paola 
Published: September 2012

Abstract
The international legal order lacks a universal and compulsory system for enforcing international responsibility, and therefore the role that domestic courts play in this regard is crucial. The various facets of the doctrine of international immunities, however, can make the domestic judicial system unavailable in cases of claims against foreign states and (former or sitting) foreign state officials. The application of this doctrine to domestic claims concerning egregious violations of human rights has given rise to controversy. As for foreign state immunity, it has been argued that the jus cogens nature of international rules protecting human rights should prevail over those granting immunities. As for personal immunities, international customary law does not seem to provide for an exception to their applicability in cases of serious violations of human rights amounting to international crimes. It is, however, argued that, de lege lata, there can be cases where domestic courts can refuse to apply the rules on personal immunities in order to avoid a denial of justice. Finally, with regard to functional immunities, the general contention is made that they do not apply for domestic claims concerning international crimes. Nonetheless it would be wrong to consider that this constitutes a derogation from, or an exception to, the customary rules of international law on functional immunities.
The International Criminal Court: Struggling to Find its Way
Authors: Schabas William 
Published: September 2012

Abstract
In spite of the initial success in the establishment of the International Criminal Court, the Court is facing difficulties in becoming operational and effective. Many procedural defects stand out. In addition, the idea that the choices of ‘situations’ falling under the Court's jurisdiction is left to one unaccountable individual, who employs vague concepts of ‘gravity’ and ‘interests of justice’ to explain these, is the Court's greatest flaw. The Court remains confronted by the need to address shortcomings that have manifested themselves in its first years of operation. Nevertheless, there are many encouraging signs that it continues to enjoy the confidence of a large number of states.
How to Cope with the Proliferation of International Courts and Coordinate Their Action
Authors: Bennouna Mohamed 
Published: September 2012

Abstract
The problem of coordination between international courts and tribunals arises as a result of the existence of numerous tribunals interpreting and applying international law. This problem is due to the horizontal, autonomous, and non-hierarchical relationships between these courts. The need for coordination arises in two respects: the jurisdiction of certain courts may overlap; and the substantive law that each court ‘produces’ can cause disparities in the interpretation and application of international law. For the purposes of coordination, one should consider the creation by the UN General Assembly of a new expert body, modelled on the International Law Commission, which would ensure ‘the progressive development of international law and its codification’. The task of this expert body would be to identify and analyse the potential divergences in the interpretation and application of general international law, as well as the consequences thereof.
Overseeing Human Rights Compliance
Authors: Clapham Andrew 
Published: September 2012

Abstract
In imagining a realistic utopia for human rights compliance it is not enough to stress independent non-governmental organizations (NGOs), judicial training, treaty monitoring, periodic reviews, and national protection systems to hold governments accountable. Violence which emanates from beyond the state and which often has transnational dimensions also needs to be addressed. This is violence brought about by: private security companies; companies entrusted with public functions such as water supply or guarding detainees and prisoners; clothing manufacturers relying on sweatshop conditions and union free zones; rebel groups and armed gangs operating; and some activities of international organizations. To carry out effective monitoring, a combination of transnational and national NGOs are crucial. Furthermore, there is a need for a World Court for Human Rights. The Court would: encompass all human rights, including subsistence rights, collective rights, and the welfare rights that are central to addressing inequality; transnational actors would be both plaintiffs and defendants; and as the key to future protection lies in access to justice at the national level, the proposal for the World Court recognizes that, in thinking about human rights compliance, we need to take into account a multiplicity of priorities, actors, and national systems.
Operationalizing the UN Charter Rules on the Use of Force
Authors: Sands Philippe 
Published: September 2012

Abstract
More than six decades after the UN Charter was adopted it is difficult to see how the formulation of the Charter provisions on the use of force might usefully be altered. They are — on their merits — no more inadequate than those governing the prohibition of violence at the national level. There is little to be served in fine-tuning the language of Articles 2(4) and 51, and it is unlikely that states would easily reach agreement on a generalized meaning of ‘imminent attack’ legitimizing self-defence, a concept that will necessarily fall to be interpreted and applied by reference to the particular facts of a given situation. Utopian efforts must recognize that where vital interests are seen to be at stake no drafting exercise will be able to finesse away major differences, or impose real solutions. Instead, utopian efforts would do better to focus on the operationalization of the Charter rules, chiefly through: domestic legal debate; international judicial consideration; and international legislative efforts, such as the definition of the crime of aggression agreed upon in 2010 by the Assembly of the States Parties to the Rome Statute.
Bolstering the Protection of Civilians in Armed Conflict
Authors: Melzer Nils 
Published: September 2012

Abstract
In virtually all contemporary armed conflicts a staggering 90% of all victims are civilians. A comprehensive and constructive clarification of international law relating to the protection of civilians in armed conflict requires that both academics and practitioners take a step back from an overly technical, political, or positivist analysis of the law and look at the questions presenting themselves through the prism of general, well-established principles of law, most notably the principles of: necessity; proportionality; precaution; and humanity, which underlie the entire normative framework governing the use of force. Indeed, wherever states resort to force, whether in self-defence against armed attacks, in the conduct of hostilities against belligerent adversaries, or in exercise of their law-enforcement authority, it is always these four principles which circumscribe the permissible scope and intensity of their action. In short, these four principles reflect general principles of law which govern the use of force by states in all circumstances. A major problem arises with regard to the lack of any incentive for rebels to comply with international humanitarian law. A viable alternative to the introduction of a full combatant privilege for non-state belligerents would require a two-pronged approach. In accordance with the respective logic of the jus in bello and the jus ad bellum, the conduct of hostilities and the exercise of power and authority over persons in compliance with international humanitarian law should be encouraged and legitimized (first objective), whereas the initiation of, or participation in, an armed conflict in contravention of domestic law should be discouraged (second objective).
The Future of International Criminal Justice: A Blueprint for Action
Authors: Hemptinne Jérome de 
Published: September 2012

Abstract
New ways must be found to increase significantly the cohesion, efficiency, and transparency of the international criminal justice system without disrupting the decentralized structure of the international order in which it operates. Two avenues of action should be pursued. On the one hand, a large number of international criminal cases should be decentralized on the basis of precise rules of jurisdictional allocation, that is, brought before local, ad hoc internationalized or possibly regional courts that are located as close as possible to the populations concerned. On the other hand, a number of investigative and judicial activities of the International Criminal Court should be devolved, that is, conducted by the Court, not in The Hague, but in the countries concerned. These two processes of decentralization and devolution should be implemented in parallel according to well-defined criteria.
Domestic Courts Should Embrace Sound Interpretative Strategies in the Development of Human Rights-Oriented International Law
Authors: Iovane Massimo 
Published: September 2012

Abstract
There are two significant trends in how domestic courts are applying international law. In the first place, they are exploiting all the unifying and creative potential of customary international law by pioneering the determination of new customary rules, or favouring the evolution of old ones. However, in so doing, they have often affirmed the existence of international customs without sufficient reference to international precedents, or have declared international treaty rules as corresponding ipso facto to general international law. In the second place, they constantly apply the interpretative methods of modern constitutionalism to solve the conflicts between international norms, or to propose an evolutive interpretation of customary and treaty norms on the protection of human rights. In doing so, however, they tend to go too far, violating some well-established norms of customary international law and giving rise to a plethora of interpretations from state to state. This chapter examines these two trends in two dedicated sections, before considering their main shortcomings, with some recommendations for future methodological improvement that may overcome the above-mentioned failings in an otherwise positive and innovative trend.
Telicity expression in the visual modality
Authors: Malaia Evie , Wilbur Ronnie B. 
Published: September 2012

AbstractThis chapter reports experimental results of motion capture studies in two unrelated sign languages: American Sign Language (ASL), and Hrvatski Znakovi Jezik (HZJ) — aimed at investigating kinematic correlates of event structure representation. The studies addressed the following questions: Do signers mark event structure kinematically in predicate signs? What are the kinematic features associated with telicity in predicate signs? If kinematic markers of telicity do exist, how do they interact with known prosodic features in sign languages? The results for both sign languages demonstrate that signers reliably mark predicate event structure using higher peak velocity for telic predicates, as well as rapid deceleration following peak velocity. Furthermore, phrase-final lengthening affected sign kinematics in both languages such that phrase-final predicates were signed slower that those in phrase-medial position. This experimental work has important theoretical consequences for the accounts of sign language phonology, prosody, and semantics, as well as theories of event structure representation across modalities in human languages.