bluuebunny/crossref_metadata_2025_split huggingface dataset:
30 Enforcement of Sentences
Authors: Mettraux Guénaél 
Published: January 2010

Abstract
Once an accused has been sentenced and has exhausted all possibility of appeal, he will serve his sentence in one of the countries that have signed an agreement to that effect with the ad hoc tribunals for Rwanda and the former Yugoslavia. Pursuant to Article 27 of the statute of the Yugoslav tribunal (Enforcement of sentences), imprisonment shall be served in a state designated by the International Tribunal from a list of states which have indicated to the United Nations Security Council their willingness to accept convicted persons. Article 26 of the statute of the Rwanda tribunal provides for a similar system although it also provides for the possibility of the sentence being served in Rwanda itself. The statutes of both tribunals also provide that imprisonment shall be in accordance with the applicable law of the state concerned, subject to the supervision of the International Tribunal.
Nietzsche as Educator and the Implosion of Bildung
Authors: Bell Michael 
Published: January 2010

Abstract
This chapter shows how Nietzsche develops Goethe's critique of Bildung. The early essays on Schopenhauer as Educator and on The Uses and Disadvantages of History raise questions about the authority of the mentor and of the relation of humanistic culture to historical agency. These themes come to a culmination in Thus Spoke Zarathustra, which until the late 20th century was commonly read as an expression of Nietzschean doctrine through a rather idealised eponymous mouthpiece. Only recently has it been recognised that Zarathustra is a character who represents the conscious crisis of Nietzsche's own authority, or capacity to make himself understood, is less troubled by his critics than by his disciples, and is at his most despairing the more accurately these repeat the formulae of his doctrine. At the same time, it is precisely his radical, and self-encompassing, critique which gives Nietzsche's thought its almost unique and enduring power.
The Importance of being Frank: Criticism, Collaboration, Pedagogy in F. R. Leavis
Authors: Bell Michael 
Published: January 2010

Abstract
Leavis is often thought of as a naively moral critic, concerned with the moral content and tendency of the work to the exclusion of other values which might be covered by the term aesthetic. To the contrary, the imaginative component in creativity is crucial to his conception of literature, and its relation to history. Since he effectively worked out for himself an understanding of literature, language, and the making of history, this chapter is partly devoted to an exposition of Leavis's thought through these parallels. It illuminates the agon of personality and impersonality in Leavis and shows the intrinsic difficulty for him of collaboration. In this respect, he is a latter-day Rousseau, required to instantiate the virtues he affirms, and with a built-in propensity to paranoia.
Quantum information II
Authors: Vedral Vlatko 
Published: January 2010

Abstract
This chapter discusses the principles of quantum information. The quantum mechanical equivalent of the Shannon noisy-channel communication theorem is obtained, along with some profound statements about the behavior of quantum information during generalised quantum measurements. The latter are very important in studies of quantum entanglement, but also in exploring the connections between thermodynamics, information theory, and quantum physics. This chapter also discusses equalities and inequalities related to entropy, the Holevo bound, capacity of a bosonic channel, information gained through measurements, relative entropy and thermodynamics, entropy increase due to erasure, and Landauer's erasure and data compression.
Quantum algorithms
Authors: Vedral Vlatko 
Published: January 2010

Abstract
As computers get faster and faster, the size of the circuitry imprinted onto silicon chips decreases. The size of the circuitry becomes so small that its behavior is governed by the laws of quantum mechanics. Such a computer, whose computations would be fully quantum mechanical, is called a quantum computer. Any computational task such as addition, multiplication, displaying graphics, or updating databases is performed by a computer according to an algorithm — an abstract set of instructions. Quantum computers would accomplish tasks by performing quantum algorithms. A quantum algorithm is a sequence of unitary evolutions carried out on a quantum string made up of qubits, which can exist as a superposition of classical strings. This chapter discusses the computational complexity of a quantum algorithm, Deutsch's algorithm and its efficiency as quantified by the Holevo bound, Oracles, Grover's search algorithm, quantum factorisation, quantum Fourier transform, and phase estimation.
1 Ancestral Gods, Ancestral Tombs: The Household and Beyond
Authors: Parker Robert 
Published: January 2010

Abstract
According to a proverb, ‘starting from Hestia’ was for Greeks the proper way to begin; and in describing an Athenians' religious world it seems natural to do just that — by starting from the unit of which Hestia is the symbol, the individual household (oikos) with its associated cults. The Athenians did not think in terms of the religion of the household or household gods, but they did have altars within their homes where members of the household joined together to worship. Some few Athenians were buried along with their great-great-grandfathers and may, before their own death, have brought them offerings. But smaller tomb groupings with less historical depth were much more common. The extending argument is that household gods were merely a subset of the gods whom the Greeks themselves called ancestral gods, a group in some contexts identical with the gods of the city, but more particularly associated with the phratry (or genos).
3 Places of Cult: Athens and the Demes
Authors: Parker Robert 
Published: January 2010

Abstract
Compared to Athens, Attica contains more than a hundred rural demes, many of which will have been felt by their inhabitants to have themselves a religious centre and religious periphery. A cluster of cults are sited on the acropolis; as for the sense of a periphery, the instruction to perform a sacrifice ‘out towards Paiania is eloquent’. The cults of Artemis at Brauron and of Nemesis at Rhamnus appear very similar: both are important cults of goddesses located in outlying coastal regions. But literary sources indicate that their actual roles in religious life were different: one the destination of a procession from the city, and the other a site of a major public festival. Religious organisations of different types, including phratries and private cult societies, all had their own altars somewhere. At one level, all these altars collectively simply constitute the sacred places of the gods and heroes who hold Attica.
6 ‘Those Who Make a Profession out of Rites’: Unlicensed Religion, and Magic
Authors: Parker Robert 
Published: January 2010

Abstract
The Greek expression paraphrased in the title to this chapter occurs in a non-Attic text, the Derveni papyrus, but there were religious professionals in Attica as throughout Greece. And although the things of the gods had to be spoken of with utmost respect, religious professionals such as seers and prophets were always subject to suspicion and often to insult. Expertise could be deployed for payment, a way of making a living, but it is that claim to possess an expertise accessible only on payment that makes the religious professionals of Greece such ambiguous figures. Priests and priestesses in public cults also profited from traditional fees and perquisites. The shadiness of the religious professionals is also the shadiness of unlicensed, free-enterprise religion. Regularly paid and serving the city's military needs, such practitioners had no need to lure clients by offering religious services not available within ancestral tradition.
9 Things Done at Festivals
Authors: Parker Robert 
Published: January 2010

Abstract
The ritual action at Attic festivals is, mostly, a series of variations on familiar themes. Demosthenes accused his fellow citizens of caring more about processions than about preparations for war. Much time and worry must have been expended on these common ritual forms, and supervision of processions occurs regularly when the duties of different magistrates are listed in the Aristotelian Constitution of the Athenians. Little more is known about many of the well over twenty attested processions than that they occurred. No Athenian equivalents survive to the informative decrees that give some clues as to how participation in two great processions at Eretria was organised. In most cases the commonest form involved sacrifices of animals to the gods' main altar. But constant variations will surely have been played on the standard form; the identity of the main participants, what they wore and carried and how they behaved en route, were crucial variables.
The Egalitarian Principle of Fundamental Justice
Authors: BRUDNER ALAN 
Published: January 2010

Abstract
This chapter discusses the conception of public reason underlying the egalitarian constitutional paradigm. That conception is mutual concern by all citizens for their success in leading lives of self-authorship and self-rule. It explains the ephemeral features of this paradigm (its militancy against nature, its content-neutrality, its exclusion of particular interests from the public sphere) as overreactions to the downfall of the pre-modern and libertarian constitutions. It also explains how egalitarian public reason generates the durable idea of freedom-based goods capable of overriding liberty rights as well as a duty to entrench the common-law constitution in a written supreme law interpreted by a judiciary. Finally, the chapter argues for the justiciability of welfare rights.
Social and Economic Rights
Authors: BRUDNER ALAN 
Published: January 2010

Abstract
This chapter distinguishes those egalitarian transformations of equality rights that are organic developments of liberal justice from those incompatible therewith. Section 1 discusses the libertarian contribution to liberal distributive justice by depicting the partial justice of market outcomes. Section 2 identifies constitutionally relevant interpersonal inequalites and argues for an egalitarian complement to market justice that libertarians ought, given their conception of individual worth, to accept. Section 3 suggests a principle for distinguishing between claims to social and economic equality whose satisfaction is required by law's rule and those inconsistent therewith. Section 4 discusses the enforceability of social and economic entitlements by courts and suggests a principle for distinguishing between permissible and impermissible judicial activism. Section 5 exhibits in both legal doctrine and legal theory the despotic implications of a fundamentalist egalitarianism and depicts the logical transition from the constitution of equality to the constitution of community.
Stealing
Authors: GREEN STUART P 
Published: January 2010

Abstract
This chapter argues that the norm against stealing is clearly an essential ingredient in a wide range of criminal law offenses, often combined with some other moral norm to create a distinctive crime: thus, stealing plus deception constitutes fraud or false pretenses; stealing plus disloyalty constitutes embezzlement; stealing plus coercion equals extortion; stealing plus the use of unjustified force equals robbery; and so forth. The fit between stealing and the law of theft is far from perfect. Until recently, the criminal law of theft was quite narrow, applying only to the misappropriation of tangible property, and excluding such intangibles as a ride on a train, a deed to land, and stocks and securities. Thus, there were many instances in which X could be said to have ‘stolen’ something in the moral sense of the term, without being subject to criminal sanctions for theft. Conversely, there are cases in which X is subject to what is referred to by the law as ‘theft’ even though many people would say that he has not stolen anything.
Obstruction of Justice
Authors: GREEN STUART P 
Published: January 2010

Abstract
The moral ambivalence that the public feels towards white-collar crime is nowhere more apparent than in the case of obstruction of justice. In one high profile obstruction prosecution after another, doubts have been raised as to whether what the defendant did was something that really deserves to be treated as a crime. This chapter presents a thoroughgoing analysis of the moral content of obstruction-type crimes, a comprehensive framework for thinking about such offenses that could be used across the board in a theoretically consistent manner to evaluate both the statutory treatment of whole categories of criminal behavior and the prosecution and punishment of individual cases.
Insider Trading
Authors: GREEN STUART P 
Published: January 2010

Abstract
The law of insider trading demonstrates the doctrinal relevance of the concept of moral wrongfulness. The question of whether and how insider trading wrongs its victims bears directly on the scope of the doctrine. In the United States, the dominant, Supreme Court-formulated theory has been that insider trading is wrongful because it involves a breach of fiduciary duty. This chapter argues that rather than thinking of insider trading as involving a breach of fiduciary duty, we would do better to think of it in terms of cheating. Confidence in the stock market depends on investors feeling that the highly formalized, rule-governed game is being played fairly. The fact that some investors have better information than others is not viewed as unfair. What is viewed as unfair is the possibility that some investors might have access to information to which other investors do not. Market participants who trade on undisclosed inside information in these circumstances are viewed as cheaters, and punishment is viewed as warranted.
Communication and the Character of Criminal Responsibility
Authors: TADROS VICTOR 
Published: January 2010

Abstract
Building on the argument in Chapter 2, this chapter is concerned with the communicative function of the criminal law. It is argued that the limits of criminal responsibility are set by the function that it has in condemning wrongdoers for their conduct. This chapter then explores the implications of this idea for the fault requirements of the criminal law and for the role of the outcomes of the defendant's conduct in the attribution of criminal liability.
Criminal Omissions: Culpability, Responsibility and Liberty
Authors: TADROS VICTOR 
Published: January 2010

Abstract
It is commonly thought that there is a general principle against making a person criminally liable for failing to prevent harm. This chapter argues that there is no such principle. In defending that conclusion, it examines and rejects three familiar explanations for that principle. The first is that those who fail to prevent harm are less culpable than those who cause harm. The second is that we are responsible only for causing harm and not for failing to prevent harm. The third is that criminalizing omissions restricts are liberty more than criminalizing our actions.
The Ethics of Belief
Authors: TADROS VICTOR 
Published: January 2010

Abstract
This chapter is concerned with criminal liability in cases where the defendant had mistaken beliefs about the outcome of his or her actions. It is sometimes argued, by subjectivists, that we can be responsible for causing a certain outcome only if we were aware of at least the risk of that outcome coming about. Objectivists disagree, arguing that we are responsible for an outcome even if we were ignorant of its possibility if the reasonable person would have been aware of that outcome. In this chapter, a middle position is developed which suggests that we are sometimes criminally responsible for outcomes that we did not foresee.
England
Authors: van Dam Cees 
Published: January 2010

Abstract
In England, tort law is characterised by its traditional approach. English common law has its roots in medieval times but is presumed to have been there since time immemorial. In the area of non-contractual liability, there are no rules but only torts that provide a remedy (for example, damages) if something has gone wrong in a particular way. The most important and most general tort is the tort of negligence. This tort imposes liability on someone who has not acted carefully but only if this person owed the other person a duty of care. This latter aspect is the most characteristic feature of English tort law and in a number of tort law areas it still serves as an important obstacle for liability. This chapter discusses the origins of tort law in England, history of tort of negligence, intentional torts to the person, intentional interference with goods, and rules of stricter liability including public and private nuisance.
Ius Commune
Authors: van Dam Cees 
Published: January 2010

Abstract
This chapter looks at the possibilities and impossibilities of an ius commune, a common European law, particularly in the area of tort law. There has been strong support for discussing the harmonisation of national private laws in Europe, including the national tort laws. The chapter discusses the thresholds for harmonising the national laws, for example the fact that they hold different approaches to tort law. In France, the main goal is compensation of the victim and distributive justice (featured by the major general strict liability rule for things), whereas in England tort law is mainly about regulating conduct and corrective justice (embodied in the tort of negligence). In Germany, the approach focuses formally on regulating conduct but this happens in a strict way which means that, in fact, distributive justice is the leading principle. The chapter looks at the rules on fault liability and stricter liability as well as common law and codified law.
9 Violation of a Statutory Rule
Authors: van Dam Cees 
Published: January 2010

Abstract
Liability cannot only be based on the violation of an unwritten rule but also on the violation of written, statutory, rule. This chapter shows the relationship between criminal and administrative law (public law) on the one hand and tort law on the other. If a nursery uses banned pesticides, or an engineer installs wires contrary to health and safety rules, or someone builds a house without proper licences, they violate statutory duties. In principle, such a violation gives rise to liability for the damage caused which means that, in all their variety, statutory rules are an important basis for establishing liability. However, the legal systems in Europe deal with this basis for liability in different ways. This chapter looks at how violation of a statutory rule is treated in the legal systems of France, England, and Germany; liability for breach of European Community law, and private right of action.
Association with Grammatical Categories
Authors: BHAT D.N.S. 
Published: January 2010

Abstract
Number marking involves primarily conjunction (with numbered entities being emphasized) in the case of personal pronouns, whereas in that of proforms it involves plurality (with numbered entities being suppressed). Similarly, in the case of personal pronouns, gender distinction is either not expressed, or expressed for denoting politeness, whereas in that of proforms it is used for referential identification. The association of case markers with personal pronouns also involves certain unique characteristics like sagittal marking and direct-inverse marking.
Other Related Puzzles
Authors: BHAT D.N.S. 
Published: January 2010

Abstract
The assumption put forth in Chapter 10, namely that constituent questions of languages in which there is affinity between interrogative and indefinite proforms do not contain any interrogative proforms but only indefinite proforms, helps to resolve certain other puzzles, such as (i) the derivation of specific and non-specific indefinites by adding disjunctive and conjunctive particles respectively to interrogatives; (ii) the occurrence of ‘indirect questions’ that do not involve any question (request for information) as such in most instances; and (iii) the affinity between interrogative and relative proforms, occurring in some languages.
Choral Forms in Aristophanic Comedy: Musical Mimesis and Dramatic Performance in Classical Athens
Authors: Calame Claude 
Published: January 2010

AbstractThis chapter is concerned with the ritual and cultic meaning of choral performances in the comedies of Aristophanes. Such choruses adapt traditional forms of melic poetry for the stage, mimic ritual addresses to the gods, and contribute indirectly to the celebration of Dionysus. But what of the authority of the choral voice? Unlike previous studies which have approached this question from the point of view of the comic parabasis, the chapter focuses on the exodoi, the final choral songs. These bring together poet, performers, and audience in a happy ending which anticipates the victory celebration in which all will participate. At the same time they also evoke the atmosphere of the Dionysiac cult in which the comic drama itself is one of the acts.
Themes, Perspectives, Questions
Authors: Hawkins Keith 
Published: January 2010

Abstract
What are the conditions under which the formalities of law in the courtroom come into play? A decision to prosecute is the combination of a series of decisions made about the desirability of dealing with an apparent breach of the law by criminal trial. This chapter suggests that such decision-making may be thought of as instrumental or as expressive. It shows the extent to which prosecution is a matter conveying enforcers' sense of reluctance to prosecute where rules are broken, becoming a rare event for them. The scope, methods, and types of data employed in the analysis are described.
Organizing Ideas
Authors: Hawkins Keith 
Published: January 2010

Abstract
This chapter outlines the theoretical perspective informing the empirical analysis in the book. It covers the naturalistic character of the inquiry, the view taken of the nature of decision-making in legal systems and legal bureaucracies, and ideas about enforcement practices in regulatory systems. It criticizes positivistic approaches to decision-making, particularly those influenced by ideas of rational choice, and outlines a holistic perspective. Perspectives on the enforcement of regulation preface a theory of legal decision-making around which the book is organized. The theory is based on a conception that legal decisions can only be understood by reference to their broad environment as well as their particular context: their ‘surround’, ‘fields’, and ‘frames’. Each of these ideas is analysed.
Pre-Trial Processes
Authors: Hawkins Keith 
Published: January 2010

Abstract
Prosecution must be seen as the culmination of a series of screening determinations made about the fate of a case in a serial decision-making system in which decisions are not simply reactions to past matters, but are made in anticipation of possible future events. These pre-trial processes, provisional in character, shape decisions about whether and how to prosecute. This chapter discusses the role of the regulatory inspector in this decision-making, together with the centralized or decentralized organizational structures within which discretion is exercised and controlled. Attention is given to decisions about the number and choice of criminal charges, the choice of forum, the target of the prosecution, and the nature and extent of pre-trial bargaining. The relationship between civil action and criminal prosecution is also discussed.