bluuebunny/crossref_metadata_2025_split huggingface dataset:
Towards a Democratic Vision of the Public Interest
Authors: Feintuck Mike 
Published: April 2012

Abstract
Though the very phrase ‘the public interest’ has an air of democratic propriety, the absence of any identifiable normative content renders the concept insubstantial, and hopelessly vulnerable to annexation or colonisation by those who exercise power in society. This chapter considers whether the concept might in fact be capable of resuscitation and reinvigoration via closer examination and deeper understanding of its functions and conceptual connections. It seeks to establish an analytical framework upon which a more robust construct of the public interest might be developed. It examines the historically changing nature of the concept of public interest and its manifestation in law and regulation. The concept is discussed in the context of democratic values, and in particular in relationship with expectations of citizenship, with which the public interest is intimately connected. Some commentators note how the public interest serves as a complement to concepts of human rights, or view it as offering a degree of linkage or balance between the rights and duties associated with citizenship.
The Public Interest in Regulatory Practice: the USA
Authors: Feintuck Mike 
Published: April 2012

Abstract
The federal and fiercely republican context in which regulation of private activity takes place in the United States has led to a very different administrative tradition from that of the United Kingdom. This chapter examines how concepts of public interest have developed in, and have informed, the American regulatory system. The focus is on the key regulators of broadcasting and of the food supply industry: the Federal Communications Commission (FCC) and the Food and Drug Administration (FDA). The FDA operates within the web of constitutional and administrative law which establishes the limits on the duties and powers of government agencies. Disputes arising out of the activities of regulators such as the FDA or FCC essentially raise questions regarding the legality of agency action, yet underlying these ‘technical’ issues are much larger questions relating to the legitimacy of such actions within the polity.
Anglo-American Comparisons
Authors: Feintuck Mike 
Published: April 2012

Abstract
This chapter compares the regulatory regimes in the United Kingdom and the United States with respect to the public interest. In both countries, the regulatory endeavour in relation to fundamentals of citizenship, such as food industry and mass media, seeks to protect democratic expectations from threats posed by raw market forces. While the principles of the Rule of Law and separation of powers may be thought to restrict the propriety of judicial intervention in relation to the normative underpinnings of regulation, the integration of explicit values into the basic statutory, administrative, and constitutional law which forms the context for regulation could create a more permissive role, bringing such tasks legitimately within the judicial ambit. It is clear that administrative law is intimately linked to, and in many ways can be viewed as, the application of constitutional law and principle, and hence to the democratic value-base.
A History of Public Law in Germany 1914–1945
Authors: Stolleis Michael 
Published: April 2012

Abstract
This book opens with the First World War, analyses the highly creative years of the Weimar Republic, and recounts the decline of German public law that began in 1933 and extended to the downfall of the Third Reich. The book examines the dialectic of scholarship and politics against the background of long-term developments in industrial societies, the rise of the interventionist state, the shift of state law and administrative law theory, and the emergence of new disciplines (tax law, social law, labour law, business administration law). The book examines the doctrine of state law and administrative law during the First World War and the impact of the Weimar Constitution and of the Versailles Treaty on the discipline is discussed. Here the famous ‘quarrel of direction’ that occurred in the field of state law doctrine (1926–9) played a central role. But equally important was the development of state law and administrative law theory, administrative doctrine, and the jurisprudence of international law. Part two of the book is devoted to the impact of National Socialism. The displacement of Jewish scholars, the change of direction in the professional journals, and the shutdown of the Association of State Law Teachers form one aspect of the story. The other aspect is manifested in the erosion of public law. The book tackles questions about the co-responsibility of scholars for the Holocaust, and the reasons why academic teachers of public law were all but absent in the opposition to the Nazi regime.
Revolution, Weimar Constitution, and Versailles
Authors: Stolleis Michael 
Published: April 2012

Abstract
Nearly everything that aroused the passions in German state law and international law during the Weimar period revolved around the three issues of Revolution, Weimar Constitution, and Versailles. Concretely, this chapter talks about the end of the monarchies and thus also of the supreme ecclesiastical authority of Protestant regional sovereigns, of the transition to parliamentary democracy and the ‘party state’, and of the humiliation of the nation at the hands of the victorious powers. The ‘November revolution’ and ‘Versailles’ remained traumatic experiences that could not be absorbed and digested in only a few short years. Added to this was the fact that jurists with a predominantly bourgeois disposition experienced the new republic as insecure and unpleasant. The inflation of 1923 threatened the material resources of life. Against this backdrop, it might appear contradictory that the constitution was overwhelmingly accepted and commented upon by scholars of public law.
Constitutions of the Länder and Administrative Law
Authors: Stolleis Michael 
Published: April 2012

Abstract
Constitutional and administrative law of the German states did not develop in a synchronous manner in the nineteenth and twentieth centuries. In the early nineteenth century, the constitutional question was dominant, both in the individual states and in the national movement that led to the revolution of 1848. Administrative law was not the centre of attention at that time. It was taught either as ‘internal state law’ or within the framework of the science of public administration. The growth of public law in parallel with industrialization was an added factor, along with administrative jurisdiction. Slowly a common level of discussion emerged above the administrative laws of individual states; shortly before the turn of the century, it became apparent in the formulation of a ‘Generalized Section’ by Otto Mayer. From then on, the matter of the various state administrative laws provided the material for the state-specific ‘Specialized Section’ of administrative law.
The Principle of Respect for Civil Liberties
Authors: Gearty Conor 
Published: April 2012

AbstractThis chapter discusses the principle of respect for civil liberties. The subject of civil liberties is best viewed as being concerned with those freedoms which are essential to the maintenance and fostering of the representative system of government. The first section examines the legal conception of civil liberties. The second section looks at civil liberties in Britain. The third section discusses the civil liberties embedded in the European Convention on Human Rights. The fourth section considers civil liberties in relation to the Human Rights Act. It argues that the largest claim that the Act can make for the attention of civil libertarians is in its determined protection of the principle of parliamentary supremacy. The fifth section considers the application of civil liberties under the Human Rights Act.
The Principle of Legality
Authors: Gearty Conor 
Published: April 2012

AbstractThis chapter discusses the principle of legality. The version of legality defended here as integral to the Convention system is one that requires official action in a democratic state to be positively authorized by law. It argues that the version of legality found in the European Convention on Human Rights and the Human Rights Act fits with the democracy-oriented model set out in this chapter. The first section examines legality and the ‘rule of law’. The second section explores representative democracy, the European Convention, and the principle of legality. The third section considers the importance of legality in advocating rights. The last section discusses the common law. The challenge to legality posed by the common law is met without relying on a rights' statute that raises issues of legitimacy.
The Aspiration of Institutional Competence
Authors: Gearty Conor 
Published: April 2012

AbstractThis chapter is concerned with the approach that should be adopted when the case before the courts is one in which a Convention right is engaged. It looks at the atmosphere of the case, and the policy or the institutional background against which the right is scrutinized and applied. Taking as an example the case of Mrs. Pretty, who suffered from a motor neurone disease with no hope of recovery, the first section looks at the separation of powers and the Human Rights Act. The second section examines when judges should act, looking at the lessons from the Strasbourg case law. The third section explores judicial restraint under the Human Rights Act. The fourth section looks at the engaging principle under the Human Rights Act.
The Aspiration of Proportionate Intrusion
Authors: Gearty Conor 
Published: April 2012

AbstractThis chapter deals with how the aspiration of proportionate intrusion has manifested itself in the case law. It starts by considering the reception of the Act in areas already covered by legislation for which it was not obvious that the Human Rights Act was designed. It discusses the impact of the measure on judicial review of administrative action. Then it explores how the common law has coped with the dramatic legislative challenge to its culture. Lastly, it considers the problem of retrospectivity, an issue which has provided the first major crisis for the judicial branch in its interpretation of the Act. In all of these areas, the Human Rights Act has had to be managed to enable its best features to be revealed while preventing the measure from getting out of control.
The Aspiration of Analytical Coherence
Authors: Gearty Conor 
Published: April 2012

AbstractThis chapter discusses the aspiration of analytical coherence. The first section considers the legal reasoning in the system into which the Human Rights Act has been introduced. An important part of the central requirement for a coherent framework of law is a commitment to consistency, a goal that has been a cornerstone of the common law method of case-by-case adjudication. The law's fundamental commitment to coherence and consistency is evident in the way in which judges have approached the proper interpretation of statutes. The second section examines the imperative of intelligibility. The third section looks at the priority of substance over form. The fourth section explores noble lies and other deceits. The fifth section considers whether truth or anarchy have precedents in the European Court of Human Rights.
Judging the Human Rights Act
Authors: Gearty Conor 
Published: April 2012

AbstractThis chapter evaluates the Human Rights Act, examining judicial self-consciousness, the judiciary and its reform, civil liberties, and the political process. This book has dealt with the way in which the British constitutional order has embraced and engaged with the language of human rights. The UK constitution has now taken on human rights, just as earlier it took on democracy and social justice. The Human Rights Act both influences and is influenced by the ideology that precedes it. The chapter argues that the UK constitution's reconciliation of the demands of self-rule with the need to respect the human rights of those within it is an example of its flexible genius. It is the task of the judges to bring this talent to the wider public every day of the week.
Historical increases in expert music performance skills: optimizing instruments, playing techniques, and training
Authors: Lehmann Andreas C. 
Published: April 2012

AbstractThis chapter analyses changes in public music performance and performance skills across historical periods. It examines the increases in preparation and specialization over time that have led to the achievement of higher levels of performance. It describes the mechanisms that allow musicians to excel, such as innovative playing techniques and improvements made to musical instruments. It also discusses the assimilation of these changes into a body of shared knowledge, allowing future musicians to acquire superior techniques and thus surpass their predecessors.
Musical synchronization
Authors: Repp Bruno H. 
Published: April 2012

AbstractSensorimotor synchronization (SMS), the coordination of rhythmic movement with rhythmic sensory stimuli, is a universal human skill that is fundamental to music performance and dance. This chapter discusses some of the most important findings about the synchronization of simple movements with simple rhythmic sequences. It also distinguishes three musical scenarios:(1) synchronization of simple movements with complex sequences (e.g. tapping to the beat of music), (2) synchronization of complex movements with a simple sequence (e.g. playing music with a metronome), and (3) synchronization of complex movements with a complex sequence (e.g.playing music in an ensemble).
Movements and analysis of drumming
Authors: Dahl Sofia 
Published: April 2012

AbstractThis chapter analyses the movement strategies used in drumming. These movement strategies can be described as whiplash-like and aim at achieving high stick velocities on impact. Skilled playing of percussion instruments involves adjusting to and utilising the kinesthetic feedback from the instrument in question. The overall patterns of the movement strategies are maintained consistently for different tempi, surfaces and dynamic levels. The height to which the stick is lifted in preparation for a stroke and the vertical velocity of the stick marker at impact are both strongly linked to the dynamic level.
Brain structures of musicians: executive functions and morphological implications
Authors: Schlaug Gottfried 
Published: April 2012

AbstractThis chapter discusses the data on structural differences found between the brains of musicians and non-musicians, with an emphasis on regional differences beyond the primary sensorimotor region and the functional role that these regions might play, particularly regions in the middle and inferior frontal lobes. The ability to develop associations between actions and sounds is essential for the production and comprehension of music, or any kind of behaviourally relevant sound information. Research studies have implicated parts of the frontal cortex as important regions for integrating information from multiple sensory modalities and brain regions. It is therefore likely that the frontal cortex plays an important role in developing associations across modalities, including action-sound mappings.
Brain activation during piano playing
Authors: Bangert Marc 
Published: April 2012

Abstract
This chapter discusses brain imaging in piano playing. It examines in detail an electroencephalography (EEG) study covering the topics of auditory-sensorimotor maps and rapid motor plasticity. It also provides a meta-review of research uncovering areas of the brain that contribute to various music-processing tasks. The review speculates on a possible core network for music, and points out its relationship to the network dedicated to speech and language.
‘Singing in the (b)rain’: cerebral correlates of vocal music performance in humans
Authors: Ackermann H. , Wildgruber D. , Riecker A. 
Published: April 2012

AbstractThis chapter discusses the motor domain of vocal music performance and explains whether the neural substrates of human singing capabilities show opposite lateralization effects compared with speech and language functions. It reviews the relevant data obtained in both clinical populations and healthy subjects with a focus on functional haemodynamic imaging as a more recent approach to the study of the relationship between brain and behaviour. Data indicate that vocal music performance is predominantly bound to the right hemisphere. However, these lateralization effects appear to be less robust or pronounced than functional asymmetry of speech production.
Sensory–motor networks in singing and speaking: a comparative approach
Authors: Gordon Reyna Leigh , Racette Amélie , Schön Daniele 
Published: April 2012

AbstractThis chapter focuses on the comparative analysis of music and language. One approach to comparing the neural bases of language and music is through the use of song, which is a unique combination of these two cognitive domains. This chapter cites several studies that have investigated the cognition of song and examines the findings relevant to the comparison of language and music processing. It also shows how these studies have addressed the interaction or independence of language and music, the modulation of attention, the functional mapping of brain areas involved in singing, memorization processes, and production of song in patients with language disorders.
The role of inhibition in the motor control of finger function
Authors: Gerloff Christian , Hummel Friedhelm 
Published: April 2012

Abstract
Successful music performance requires adequate contextual control of behaviour, that is, the retrieval and non-retrieval, or inhibition, of learned actions. This chapter describes recent advances in the understanding of neural correlates of controlling motor behaviour, as identified with transcranial magnetic stimulation (TMS), electroencephalography (EEG), and functional magnetic resonance imaging (fMRI). It stresses two main points: first, neuroimaging studies on motor physiology in musicians need to take into account the essential role of inhibitory neuronal circuits; second, these studies may help further our understanding of neurological diseases frequently affecting professional musicians, such as focal dystonia.
The end of the song? Robert Schumann's focal dystonia
Authors: Altenmüller Eckart 
Published: April 2012

AbstractThis chapter focuses on Robert Schumann, one of the most prominent composers of the early romantic period. Early in his adolescence he displayed extraordinary skills in piano playing and attempted to become a concert pianist. After an initial success, however, he developed a focal, task-specific dystonia of the right hand, also referred to as pianist's cramp. This disorder is characterised by a painless loss of skilled motor control in a task-specific context. Risk factors for developing musician's dystonia are male gender, extensive cumulative practice time, extreme motor workload concerning the temporal and spatial quality of the affected movements and personality traits such as proneness to anxiety and perfectionism. All these factors can be demonstrated in Robert Schumann's early life.
Dualism and Archetype
Authors: Simmonds N.E. 
Published: April 2012

Abstract
It has often been argued that law is simply a morally neutral instrument that is equally serviceable for good purposes and for bad: on this view, law’s connection with moral value is purely contingent and not inherent in law’s nature. But while it is true that law can be employed as an instrument of evil, it does not follow from this that law is merely a morally neutral instrument. Law’s availability for evil purposes is fully compatible with law’s status as a moral ideal. The idea of law is best understood by reference to an archetype which corresponds to the idea of “the rule of law”. In common with many others, Raz takes the view that the idea of “law” is wholly distinct from the idea of “the rule of law”. He acknowledges that the rule of law embodies a moral virtue but he claims that this is only a “negative virtue” in that it only protects us from evils that only the law can cause. Raz’s views on these matters are shown to rest on some simple confusions.
Evil Regimes and the Rule of Law
Authors: Simmonds N.E. 
Published: April 2012

Abstract
Lon Fuller’s idea of the “inner morality of law” is examined, alongside two alternative readings of H.L.A. Hart’s response to Fuller. The ambiguities in Hart’s response mean that it is not impossible (although it is implausible) to interpret him as substantially agreeing with Fuller. For that reason, the focus of the chapter switches to Matthew Kramer’s criticisms of Fuller, and Kramer’s claim that “the rule of law” is not an intrinsically moral idea since even evil regimes would have good reasons for compliance with the rule law. Kramer’s argument is criticised, and it is suggested that the rule of law is the only way in which the value of “freedom as independence” may be protected.
Ideal and Experience
Authors: Simmonds N.E. 
Published: April 2012

Abstract
Moral judgement is often thought of as the application of a principle to a set of facts. On this approach, our principles are to be judged independently of particular circumstances to which they apply, while an understanding of the circumstances calls for descriptive accuracy rather than moral insight. This outlook makes it hard to see how the understanding of any existing social institution can be anything other than a descriptive or purely analytical enterprise. In fact, jurisprudence can be properly understood only in the light of the possibility that moral insight may be derived from reflection upon our institutions and practices: in particular, reflection upon those value-oriented practices in which we engage. We can learn more about the content of a value by reflection upon the experience of pursuing it. Legal thought is reflexive: it is guided in part by inquiry into its own nature. Understanding how and why this might be so enables us to understand how the knowledge of law’s content (expressed in doctrinal legal scholarship) is not reducible to knowledge of a finite body of rules.
Legality as a Value
Authors: Simmonds N.E. 
Published: April 2012

Abstract
Hart’s discussions of legality vacillate between a variety of different views. This manifests his discomfort with the general perspective of his own theory and his wavering endorsement of value pluralism. Justice and legality appear, on the face of things, to be very different values. But they stand to each other in an intimate relationship. This is difficult to understand so long as we are thinking of the philosophy of values in terms of a contrast between pluralism (which asserts the existence of diverse values which clash and compete) and monism (which asserts the mutual compatibility of values). Between the two possibilities of pluralism and monism lies a third approach. This depends upon the thought that values can be realised to varying degrees. When the realisation of justice and legality falls short, justice and legality can clash and compete. Nevertheless, justice and legality are intimately related in so far as each can be fully attained only in conjunction with the other: the rule of law is fully achievable only when the legal texts can be interpreted as embodying a coherent conception of justice; and justice can be achieved only when its general requirements are given determinacy by positive law. Since the judge’s duty is one of fidelity to the idea of law, that duty also encompasses a duty to construe the law as just, so far as possible