bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Concept of a Civil Wrong
Authors: PETER BIRKS 
Published: April 2012

Abstract
This chapter is concerned with the common law, but it has a Roman beginning. By starting from the Roman analysis in which it had its origin, one can most easily set out the common law classification in which civil wrongs, or torts, form one important category. The concept of a civil wrong cannot be investigated other than in the context of that classification. The second-century jurist Gaius was the first to advance the proposition that every obligation arises from a contract, a wrong, or from some other causal event. However, he saw that that would not do, for there were indisputable instances of legal obligation handed down from the unsystematic past which arose from neither. The obligation to return a mistaken payment was a prominent example. The threefold classification – contracts, wrongs, and other events – was not the end of the Roman story. The miscellaneous third category posed a challenge.
Causation, Compensation, and Moral Responsibility
Authors: SCHROEDER CHRISTOPHER H. 
Published: April 2012

Abstract
This chapter concentrates on causation and the justification of the role that it plays in tort law. There is near universal agreement that that role is pivotal: however, if the sphere of appropriate cases is ultimately qualified and defined, it will turn out that the criterion of causation marks a sharp, dichotomous distinction. Cases otherwise indistinguishable from one another according to all of the other relevant criteria will be treated utterly differently depending upon the presence or absence of causation. If harm has been caused by a human agent’s volitional action of the appropriate kind, the plaintiff has a cause of action for full compensatory damages and the defendant has a duty to compensate. If the causal connection is absent, the plaintiff has no recourse at all, and the defendant has no liability of any kind. This chapter examines the justification for partitioning cases on the basis of causation.
Moments of Carelessness and Massive Loss
Authors: WALDRON JEREMY 
Published: April 2012

Abstract
The objection that it is inappropriate to assess the institution of tort liability in terms of a desert-based criterion of fairness would be more convincing if the institution were in better shape overall, so far as other modes of justification were concerned. This chapter considers whether tort liability can be defended on grounds of fairness, even if it cannot be defended on other grounds. It focuses on the assumption that the system of tort liability, whose impact on individual injurers is ameliorated by third-party insurance contracts, is in itself fundamentally just. There are important differences between tort liability and liability in the criminal law. The aim of compensating victims is at best secondary or incidental in criminal law, whereas it is central in torts. This theory also examines carelessness and the annulment theory, as well as wrongful loss and wrongful gain.
Wrongdoing, Welfare, and Damages: Recovery for Non-Pecuniary Loss in Corrective Justice
Authors: CHAPMAN BRUCE 
Published: April 2012

Abstract
This chapter offers a slightly different account of what corrective justice requires for the payment of monetary damages. Specifically, it argues that while corrective justice does require full compensation for the costs of future care, at least in so far as these involve pecuniary losses, and does require full compensation for the loss of future earnings, it does not require full compensation for non-pecuniary losses. This is true despite the fact that such losses have been caused by the defendant’s wrongdoing, and lie within its ambit. The reason for this is that corrective justice corrects for wrongdoing within the space of rights, not welfare. While welfare under the aspect of rights is ultimately attended to by a damages award under corrective justice, the fact that monetary damages can have no utility for the correction of non-pecuniary welfare losses under this aspect is decisive against the award of such damages.
The Romanization of Property Law
Authors: McLeod Grant 
Published: April 2012

Abstract
The law of property provides a promising area for exploration. The law of immoveable (or ‘heritable’) property was heavily influenced by feudalism from the early twelfth century onwards, so that many of its basic rules and institutions are clearly not of Roman origin. It is therefore be interesting to see whether feudalism acted as a barrier to Romanization. In comparison, the law of moveable property is quite Roman in appearance, although appearances may sometimes deceive. Another interesting question is whether the institutional writers thought that a unitary treatment of moveable and immoveable property on the Roman model was either possible or desirable.
Leases: Four Historical Portraits
Authors: Hogg Martin 
Published: April 2012

Abstract
The tenure of land by lease in Scotland has an ancient pedigree. While other forms of land tenure, such as the rental and kindly tenancy, thrived alongside the lease only to wither, the lease seems certain to outlive them all. The pattern of decline applies equally to feu farm, a form of tenure which did not appear on Scottish shores until well into the history of the lease, and which will, with the forthcoming abolition of the feudal system, pass into the history books. To borrow the language of horticulture, the lease is one of Scotland's hardiest perennials. The longevity of the lease, or ‘tack’ to use its Scots name, must be attributable in large part to its adaptability to meet changing social and political needs.
Trusts
Authors: Gretton George 
Published: April 2012

Abstract
One of the central questions in any attempt to study the history of trust must be the extent of English influence. It is a question of considerable difficulty, which is discussed in this chapter. The origins of the trust remain uncertain, and while it must be presumed that English law had some influence — the adoption of the English name is suggestive — the evidence does not support the theory of anything like a reception of English trust law, and, indeed, it is hard to prove any substantial degree of English influence before about the middle of the nineteenth century, by which time the institution had long been established.
Human Rights Standards and the Free Movement of People Within States
Authors: Beyani Chaloka 
Published: April 2012

Abstract
This book is an exposition of the standards of human rights, which are applicable to the right of freedom of movement and residence of people within states. Written from the standpoint of international law, the book identifies these standards and examines their application to various categories of people, including nationals, non-nationals, minorities, and indigenous groups. The primary motive for writing this book lies in the fact that the vast majority of people move and reside within states. People's ability to exercise civil and political rights as well as economic, social, and cultural rights within states generally depends in large measure on their ability to move about and to choose a place of residence within states. Freedom of movement is therefore crucial to the protection and enjoyment of other rights. As a consequence, the protection of freedom of movement cannot be left exclusively to domestic legal systems because many legal systems form the basis for denying people the right of free movement. Yet the extent to which freedom of movement within states is protected by human rights under international law has not received the attention that its importance deserves. Particular problems arise from the ordinary regulation of freedom of movement, internal exile, the development of free movement zones for nationals and third country nationals in economic and political unions, the need to protect the movement of minorities and indigenous peoples, the movement and location of refugees within states, as well as the legality of derogation from freedom of movement during states of emergency.
Treaty Standards on Freedom of Movement within States
Authors: Beyani Chaloka 
Published: April 2012

Abstract
International legal standards for such concerns as the freedom of movement and choosing one's residence within States is given importance by both the Universal Declaration of Human Rights and in various subsequent human rights treaties. Because such treaties are able to facilitate the strategic basis for the analysis of these issues through possessing binding capacities on particular parties and determining what legal standards should be pushed through with, this chapter attempts to identify these international standards. As these standards may be derived from the International Covenant on Civil and Political Rights, 1966, and certain regional human rights treaties, this chapter further investigates the content of such standards for looking into which freedom of residence and movement within States should be established and lawfully exercised.
Conclusions
Authors: Beyani Chaloka 
Published: April 2012

Abstract
The freedom of movement and residence within States involve a multitude of concerns such as internal migration, the state of those who are displaced within States brought about by civil conflicts, and the relation economic cultural and social rights with such movement, among other such problems. Addressing these problems, however, entails imposing human rights standards for the freedom of movement and residence in varying contexts, and such requires thorough examination of what is contained in such standards. As the degree of protection that the freedom of movement receives depends greatly on the legality of its restrictions, the book has been able to look into its scope and how these are used to regulate and control the freedom of residence and entry through the following measures: monitoring and regulation, coming up with a policy that addresses racial discrimination, and other such functions.
Murder and the Structure of Homicide
Authors: Wilson William 
Published: April 2012

Abstract
This chapter discusses the difficulty of differentiating a motivated act of contempt for human life such as murder from an involuntary act leading to the death of a person such as homicide, and how it affects the trials and legal proceedings of the accused. The chapter discusses at length topics such as felony murder, murder by extreme recklessness and risk, and attitude-centered approaches and their relationship to the common law, as well as the ‘rough justice’ model of English Law and how it should be extended as far as the law is concerned, taking into account cases such as the GBH-murder or whether the accused, for example took necessary steps to bring heinous bodily harm to the victim even without actively playing a part in the act itself.
Diminished Responsibility and Mentally Disordered Killers
Authors: Mackay R. D. 
Published: April 2012

Abstract
This chapter discusses the often untouched side of investigating the case against the accused of homicide or murder, namely mental illness and the concept of diminished responsibility. It highlights the general idea of the grasp of the law with accused persons with limited or hindered faculties. An idea presented in the chapter is if the act of murder itself was brought about by the accused's limited grasp of perception, or, rather, fueled by emotion that drove them to commit the act, which in hindsight would be comparable to one that would seem to have hindered mental capacity. The chapter presents cases from other countries and compares them substantially so as to critique the Homicide Bill and the motivation for its reformation.
Colour vision and its disturbances after cortical lesions
Authors: Heywood C.A. , Cowey A. 
Published: April 2012

AbstractThis chapter provides a discussion on colour vision and its disturbances after cortical lesions. It specifically describes that it is less clear whether colour constancy can be selectively impaired. It is shown that the orientation and direction selectivity of cells in the M-channel, along with their high luminance contrast gain, indicates that it plays a role in conveying motion and form information to visual areas in the parietal lobes. It is also noted that the loss of colour vision in achromatopsia can leave other wavelength-based processing intact. Moreover, the described studies demonstrate that wavelength variation in the visual scene can be used, not only to produce colour experience, but also to determine further attributes such as form and motion. It is stated that chromatic information plays a manifold role in vision.
Coding near and far space
Authors: Berti Anna , Rizzolatti Giacomo 
Published: April 2012

AbstractThis chapter provides a review on coding near and far space. It begins by describing the anatomy and neurophysiological mechanisms of space coding. It is shown that monkey experiments indicate that space representation derives from the combined activity of several independent brain circuits. In addition, evidence on the anatomical correlates of peripersonal and far space in humans may be acquired from two sources — lesion studies and brain imaging experiments. The neuropsychological and functional magnetic resonance imaging (fMRI) data illustrate that near and far space are differently coded in the human brain; near space is coded in areas that appear to be the homologs of those coding peripersonal space in monkeys; and peripersonal space is implemented in a system of bimodal neurons which are responsible for the various effects of cross-modal extinction. In general, the data clearly show that there is no unitary representation of the space in the brain. Monkey studies and human data suggest that different cortical areas code near and far space and that the neurophysiological mechanisms underlying space representation are different for the two space sectors.
Perceptual and visuomotor processing in spatial neglect
Authors: Milner A. David , McIntosh Rob D. 
Published: April 2012

AbstractThis chapter reviews recent progress on a series of studies in which the phenomena of size and distance distortion in neglect patients are examined. The data agree with the proposal by Bisiach et al. that the enhancement of neglect typically observed for gap bisection relates to the attentional cueing inherent in such tasks and does not reflect differential processing of filled and unfilled spatial intervals. Certainly, the study of neglect has provided compelling evidence that the mechanisms underlying the allocation of spatial attention within single objects may be separable from those governing the distribution of attention between discrete objects. Moreover, a hypothesis predicts that relative lateralization within the environmental frame of reference should be the dominant determinant of size distortion effects. Furthermore, preliminary evidence that neglect patients may indeed show preserved visuomotor guidance despite pronounced perceptual biases is reported. In addition, it is briefly considered how the recent observations on the heterogeneity of size distortion may fit within the general theoretical framework of this chapter.
Navigation in neglect patients
Authors: Pizzamiglio Luigi , Iaria Giuseppe , Berthoz Alain , Galati Gaspare , Guariglia Cecilia 
Published: April 2012

AbstractThis chapter reviews the ability of neglect patients to navigate in three-dimensional space. It specifically addresses two questions about different navigational systems and about the nature of neglect. The first can be formulated as follows: since hemispatial neglect is a multimodal disorder, does it also produce an anisometry in environmental navigation when using either visual or nonvisual updating? The second question refers to the integration of visual and nonvisual information. Evidence shows that the integration of nonvisual information in processing a navigational space involves brain structures different from those involved in the interaction between multimodal information and the subjects' segmental responses. The studies reviewed so far suggest that brain-damaged patients, including patients with unilateral neglect, can process spatial information as well as normal controls when the entire body is moved. In addition, the lesion may be located either in the parietal lobe, disconnecting the pathway indirectly connecting the striate cortex with the parieto-insular vestibular cortex (PIVC) area, or in areas involved in the connection of the superior colliculus to the PIVC via the pulvinar and the thalamus.
The neurobehavioral analysis of visuospatial attention in the rat
Authors: Brown Verity J. 
Published: April 2012

AbstractThis chapter addresses ways in which neglect and visuospatial processing are measured in the rat and what can be learned from studies in rats. It discusses the functions of parietal cortex of the rat. It is clear that posterior parietal cortex (PPC) in the rat does have functions — in particular, visuospatial functions — which lend support to the view that the deficits seen following PPC lesions, as well as lesions of the areas with connections to PPC, might be considered as having more than a superficial resemblance to ‘neglect’ in human patients. In addition, the evidence from paw preference supports the view that the PPC-medial agranular cortex (AGm) system is involved in the control of spatial orienting, the implication of which might be spatial ‘neglect’. The orientation of visuospatial attention in the rat is possibly to be mediated by similar neural processes as in the primate. Furthermore, exploring the neural basis of covert orienting provides clues to understanding normal attention as well as manifestations of impaired attention.
Two neural systems for visual orienting and the pathophysiology of unilateral spatial neglect
Authors: Corbetta Maurizio , Kincade Michelle J. , Shulman Gordon L. 
Published: April 2012

AbstractThis chapter critically assesses current neurobiological models of attention and unilateral spatial neglect, particularly in relation to neuroimaging results acquired over the last decade. It highlights that these models do not account for significant discrepancies between lesion studies and neuroimaging results. It then reports a new experiment that clarifies some of these discrepancies and proposes a revision of current models. It is noted that lesions causing neglect in the frontal lobe do not match with frontal areas of activation during visuospatial attention; rather, they better match the location of regions mediating alerting/vigilance. Moreover, the current evidence supports a role for human anterior cingulate cortex (AC) in response evaluation and monitoring, and not stimulus selection or motivation. It is also shown that temporoparietal junction (TPJ) plays a critical role in alerting. The proposed model clarifies some of the discrepancies between neuropsychological studies of neglect and brain imaging studies of visuospatial attention, and provides novel information on the pathophysiology of neglect.
Frequency processing and cognition: introduction and overview
Authors: Sedlmeier Peter , Betsch Tilmann , Renkewitz Frank 
Published: April 2012

AbstractThe topic of frequency processing and cognition plays a crucial role in several areas of psychological research and there exists a wealth of models and empirical results. At present, one of the main problems that hinders faster progress in the understanding of how frequencies of events are processed and how this influences cognition is that the exchange of information does not work adequately among the different areas. Some of the differences arose because researchers were interested in different questions, but other differences seem to be due to a missing exchange of ideas, models, and experimental results. This chapter first gives a brief overview about the research on how frequency processing affects cognition and then discusses briefly the content of the remaining chapters.
Frequency judgements and retrieval structures: splitting, zooming, and merging the units of the empirical world
Authors: Fiedler Klaus 
Published: April 2012

AbstractThis chapter attempts to explain the discrepancy between the often-cited finding of accurate and robust frequency memory and the existence of serious biases in frequentistic judgements. It is argued that accuracy often depends on the retrieval–cue structure. Accuracy is typically obtained when frequency judgements for different stimuli are elicited by comparable and easy-to-handle retrieval cues. However, strong biases arise when judgement prompts solicit different, misleading retrieval structures. Judges lack the metacognitive devices that would be necessary to correct for the influence of incomparable retrieval cues. The influence of retrieval structures on frequency judgements is illustrated with reference to various paradigms, such as category-split effects, the numerosity heuristic, conjunctions and logical connectives, the base rate fallacy, and inductive judgements of correlated attributes.
Technology needs psychology: how natural frequencies foster insight in medical and legal experts
Authors: Hertwig Ralph , Hoffrage Ulrich 
Published: April 2012

AbstractModern diagnostic technologies such as cancer screening tests or forensic DNA tests confront users with a basic problem, namely that of inferring the accuracy of a diagnostic test on the basis of statistical information about the test. The required statistics can be presented in a wide variety of ways. While these modes of presentation of statistical information are mathematically equivalent, psychologically they are not. This chapter shows that supplementing diagnostic technology with psychological knowledge about how people process frequency information provides us with a very simple — but powerful — method for improving diagnostic inferences.
Multiple forms of non-associative plasticity inAplysia: a behavioural, cellular and pharmacological analysis
Authors: FITZGERALD KENT , WRIGHT WILLIAM G. , MARCUS EMILIE A. , CAREW THOMAS J. 
Published: April 2012

AbstractA complete understanding of the cellular mechanisms underlying the formation of associations between stimuli, as occurs during classical conditioning, requires an understanding of the non-associative effects of the individual stimuli. The siphon withdrawal reflex of Aplysia exhibits both non-associative and associative learning when a tactile stimulus to the siphon serves as a conditioned stimulus, and tail shock serves as an unconditioned stimulus. This chapter describes experiments which examine the non-associative effects of tail shock at three different levels of analysis.
The conditioning connection
Authors: McLAREN I. P. L. , Dickinson A. 
Published: April 2012

AbstractThe Konorskian process represents one way of implementing an error-correcting learning rule and thus anticipates selective conditioning. However, the Konorskian process, in common with other error-correcting learning rules, fails to explain why blocking is attenuated by ‘surprising’ changes in reinforcement conditions that should not augment activity in the reinforced element. Rather, the reinforcer-specificity of such unblocking suggests the operation of an associability process by which stored information about the past predictive history of the signal is expressed at the connection between signal and reinforcer elements to modulate changes in the connection weight.