bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction to the Problems of Legal Theory
Authors: Kelsen Hans 
Published: April 2012

Abstract
Hans Kelsen is considered to be one of the foremost legal theorists and philosophers of the 20th century. His writing made an important contribution to many areas, especially those of legal theory and international law. Over a number of decades, he developed an important legal theory which found its first complete exposition in Reine Rechtslehre, or Pure Theory of Law, the first edition of which was published in Vienna in 1934. This is the first English translation of that work. It covers such topics as law and morality, the legal system and its hierarchical structure, the identity of law and state, and international law.
The Practice of Corrective Justice
Authors: COLEMAN JULES L. 
Published: April 2012

Abstract
The extent to which this book sees corrective justice in tort law surely depends on its understanding of it; the same is true of any would-be corrective justice account of tort law: Ernest Weinrib’s, George Fletcher’s, and Richard Epstein’s, as well as Jules Coleman’s. So it is only natural to ask whether any of them is right about the content of corrective justice. And that requires an account of what it means to say that a particular conception of a concept like corrective justice is correct, as well as an account of the adequacy conditions of such a judgment. This chapter tackles some of these meta-ethical concerns. Before doing so, however, the chapter outlines the way in which corrective justice figures in the general approach to political philosophy.
The Uneasy Place of Principle in Tort Law
Authors: Christie George C. 
Published: April 2012

Abstract
Lawyers have always had the urge to find some coherent logical structure in the law. One recalls Sir Edward Coke’s assertion that the common law is ‘an artificial perfection of reason, gotten by long study, observation, and experience’. In the last 30 years, however, there has been an increased interest among scholars, judges, and practicing lawyers concerned with the law of torts to find the principles that underlie that law. Recent experience brings to mind a number of such normative principles which have been urged upon the profession by scholars and judges. To see why someone might be tempted to make this observation, it will be useful to examine some of these well-known recent attempts to subject tort law to the discipline of principles. One preliminary observation is that many of the objections to the use of particular principles in the decision of tort cases arise from oversimplified characterisations of the facts of particular cases that end up making legal disputes into verbal disputes.
The Idea of Complementarity as a Philosophical Basis for Pluralism in Tort Law
Authors: ENGLARD IZHAK 
Published: April 2012

Abstract
This chapter rests upon certain premises that are controversial: it supposes both the existence and desirability of multiple aims and functions in the framework of tort law. The idea of ‘complementarity’ in the specific sense formulated by its founder, the Danish physicist Niels Bohr, assumes the inherently contradictory nature of the various aims and functions of the law of torts. Thus, to the extent that the rules, principles, and aims of tort law are viewed as inconsistent or ‘incoherent’, the concept of complementarity provides a justificatory foundation for this normative reality. Pluralism itself is viewed differently by the various monistic theorists. It should be noted, however, that the contradictions and incoherencies inside tort law, as revealed by Jack Balkin, are not identical with Ernest Weinrib’s concern for formal consistency. Balkin’s central opposition of individualism and communalism does not square with Weinrib’s formal dichotomy of corrective justice and distributive justice.
Intention in Tort Law
Authors: FINNIS JOHN 
Published: April 2012

Abstract
This chapter indicates how academic writings as widely different as economic analysis of law and the restatement of torts have obscured the reality of intentions, and how that reality is clarified in the judicial development of doctrines as widely different as battery and conspiracy to injure in trade and labor relations. Intention is a tough, sophisticated, and serviceable concept. Included in one’s intention is everything which is part of one’s plan (proposal), whether as purpose or as way of effecting one’s purpose(s): everything which is part of one’s reason for behaving as one does. In reading the words ‘plan’, ‘proposal’, ‘deliberation’, and ‘choice’, one should ignore all connotations of formality and ‘deliberateness’; in the relevant sense there is a plan or proposal wherever there is trying, or doing (or refraining from doing) something in order to bring about something or as a way of accomplishing something.
Contributory Negligence: Conceptual and Normative Issues
Authors: Simons Kenneth W. 
Published: April 2012

Abstract
This chapter examines conceptual and normative issues concerning contributory negligence and places them within the broader conceptual, doctrinal, and normative framework of tort law. It assesses the extent to which the parties’ moral claims ground their legal rights and remedies, without careful regard to practical and institutional constraints. However, some of the analysis might suggest reasons for altering or refining current legal doctrine. For simplicity, the chapter uses the term ‘contributory negligence’ as a shorthand for either traditional contributory negligence, which was a complete bar to recovery, or modern comparative negligence, where the plaintiff’s negligence reduces but need not bar recovery. The concept of injurer fault does entail that the injurer should have acted otherwise, since injurer fault means conduct that is deficient relative to a standard of reasonable care.
Accession by Building
Authors: Van Der Merwe C. G. 
Published: April 2012

Abstract
The Scots concept of accession by building has its roots in Roman law. Unfortunately, the sources on inaedificatio as an original mode of acquisition of property deal primarily with remedies and contain no clear guidelines on what constitutes accession. In principle, beams and other materials used in the erection of houses became, for the time being, the property of the owner of the house. The owner of the materials retained the dominium dormiens in the materials which revived if the building was pulled down. The rationale was that a completed building should not be demolished but should remain intact.
Assignation
Authors: Luing Klaus 
Published: April 2012

Abstract
Assignations of reversions were common in the early period. ‘Reversion’ was the right of a seller/debtor to buy back, or to redeem on repayment of the money received as the price/loan, property such as land or rents which had been sold in order to secure a debt. The reversion could be constituted in favour, not only of the seller/debtor and his heirs, but also of his assignees, provided this was mentioned in the instrument. Presumably a reason for assigning reversions was as security for further loans.
What is ‘left’ when all is said and done? Spatial coding and hemispatial neglect
Authors: Behrmann Marlene , Geng Joy J. 
Published: April 2012

AbstractThis chapter addresses a specific question: When patients ignore information on the contralateral left, what is it left of? Furthermore, is the same form of spatial coding undertaken in different sensory modalities? By examining what coordinates are used to determine the midline such that information to the left of it is neglected, an understanding of how spatial position is coded in parietal cortex and how cross-modal translation may occur can be acquired. In particular, the chapter begins by reviewing the relevant neuropsychological findings that provide evidence for different reference frames, in both vision and other modalities. It then briefly outlines linked evidence from single-unit recording studies and functional imaging. While there is general overlap and understanding between neuropsychological studies, functional magnetic resonance imaging (fMRI) studies, and neurophysiological investigations with nonhuman primates, the questions posed at the beginning are far from being resolved.
Spatial anisometry and representational release in neglect
Authors: Chatterjee Anjan 
Published: April 2012

AbstractThis chapter argues that disruption by brain damage occurs in patients with spatial neglect. It begins by discussing psychophysical principles in general, and with reference to patients with neglect. It then concentrates on line bisection tasks, with respect to the graded distortions, or anisometry, of the mental representations of these patients. Next, it describes whether the abnormal gradients of attention in neglect are distributed over external space or over internal representations. Finally, it reports the cross-over phenomenon, which refers to a paradoxical behavior seen when most neglect patients bisect short lines. It is proposed that the cross-over phenomenon follows from a general psychophysical principle and is not confined to visual spatial stimuli. Lastly, it suggests that the cross-over phenomenon points to an underlying instability of mental representations in patients with neglect and to ways in which perceptions are influenced by the context in which stimuli are apprehended.
Illusions in neglect, illusions of neglect
Authors: Vallar Giuseppe , Daini Roberta 
Published: April 2012

AbstractThis chapter provides a discussion on illusions in neglect. The data shows that the pathological bias producing the line-length effect applies not only to physical but also to perceived represented length. In general, the available empirical evidence concerning the processing of visual illusions in right-brain-damaged patients with left neglect consistently indicates that the levels of representation where these visual phenomena arise are largely preserved. Moreover, illusory effects are disrupted in patients with left neglect when the lesions extend from the posterior-inferior parietal region, which represents the main anatomical correlate of this disorder, more caudally to the occipital regions. The view that multiple representations of lateral extension may exist in the brain, within different reference frames, is compatible with the finding that a related perceptual disorder has been observed in right-brain-damaged patients with unilateral neglect — a tendency to ‘overvalue’ the size of ipsilesional drawings and ‘size distortion’.
Spatial extinction and its relation to mechanisms of normal attention
Authors: Mattingley Jason B. 
Published: April 2012

AbstractThis chapter addresses the various clinical manifestations of extinction and relates these to relevant data on attentional limits in normal subjects. It then offers an overview of recent findings from studies of extinction that have focused on cross-modal interactions, the influences of temporally asynchronous stimulation, motor competition, and perceptual grouping, and links these results where possible to relevant behavioral, neurophysiological, and brain imaging data. It concludes by considering the possible sites of brain damage that give rise to extinction, and suggests some fruitful avenues for future research. The studies reviewed show that competitive interactions provide a significant mechanism for the selective processing of sensory inputs in the normal brain. They also provide evidence that spatial extinction following unilateral brain damage reflects the outcome of biased competition between simultaneous contralesional and ipsilesional stimuli. The use of functional magnetic resonance imaging (fMRI) and event-related potentials has already begun to reveal the brain basis for unconscious processing in extinction.
Unconscious processing in neglect
Authors: Berti Anna 
Published: April 2012

AbstractThis chapter outlines the evidence demonstrating the existence of unconscious processing of unperceived stimuli in neglect and related disorders, together with the evidence showing how awareness for contralesional stimuli is not an all-or-nothing phenomenon. Implicit processing and modulation of awareness is also discussed with reference to a theory that considers neglect as being due to a disturbance of space awareness. Evidence illustrates that the extraction of three-dimensional information from a real object is not sufficient to trigger a conscious representation of it. Moreover, the study of both extinction and neglect patients has demonstrated that the fate of the unreported stimuli is not necessarily that of being completely lost by the nervous system.
Encoding, representing, and estimating event frequencies: a multiple strategy perspective
Authors: Brown Norman R. 
Published: April 2012

AbstractPeople use several formats to represent frequency information and they use several strategies to generate frequency judgements. These observations are at the core of an approach to event frequency called the Multiple Strategy Perspective (MSP). This chapter provides an overview of the MSP and a review of pertinent research methods and findings. The overview catalogues the common frequency formats, estimation strategies, and performance patterns. It also identifies a set of systemic relations which first links encoding factors and event properties to frequency representations, then links these frequency representations to strategy selection, and finally links strategy selection to estimation performance (i.e. speed, accuracy, and bias). Strategy selection and implication for basic and applied research are considered in the concluding sections of the chapter.
Effects of processing fluency on estimates of probability and frequency
Authors: Reber Rolf , Zupanek Natasha 
Published: April 2012

AbstractPeople may apply multiple strategies for estimating frequency or probability of occurrence. One of them is the use of the availability heuristic, which is the ease of retrieving instances from memory. However, this kind of processing fluency often is confounded with an amount of recall. This chapter presents a new paradigm that helps to resolve this issue. In two experiments, participants were repeatedly exposed to two events; one could be processed more easily than the other. Objective probabilities of occurrence for the fluent event were 25%, 50%, and 75%. Participants had to judge probability (Experiment 1) or frequency (Experiment 2) of occurrence. In both experiments, estimates were biased by manipulated fluency of the event.
Problems of learning and memory: one or multiple memory systems?
Authors: WEISKRANTZ L. 
Published: April 2012

AbstractLearning, and hence memory, is ubiquitous not only throughout the animal kingdom, but apparently throughout many regions of the brain. Is all learning reducible to a single common form? Neuropsychological dissociations suggest that the mammalian brain possesses a number of different and potentially independent memory systems, with different mechanisms and anatomical dispositions, some of which are neurally widely dispersed and others of which are narrowly organized. Among the types considered are: short-term memory; knowledge and skills; stable associative memory; event memory; and priming. As double or multiple dissociations do not lead to logically inevitable conclusions, it has been argued that an alternative to multiple memory systems is variable modes of processing. Multiple memory systems may possibly share some common cellular mechanisms, but such mechanisms do not define the separate properties at the systems level.
Song learning: the interface between behaviour and neuroethology
Authors: MARLER PETER 
Published: April 2012

AbstractResearch on behavioural development is closely associated with studies of the physiology of development. The two are mutually synergistic, and the synergism is well displayed in research on song learning in birds. This review of some of the characteristics of avian vocal learning as derived from behavioural studies, indicates lacunae in our knowledge about the ethology of song learning, and suggests how the comparative study of vocal development can pave the way for new insights into the underlying neurobiology.
Spatial memory in food-storing birds
Authors: SHETTLEWORTH SARA J. 
Published: April 2012

AbstractIn the wild, several species of birds among the parids (tits and chickadees) and corvids store food in scattered locations and find it again days or months later. The food storers that have been tested use memory to recovery their stores in the laboratory. The importance of memory to a food-storing way of life suggests that these birds possess an adaptive specialization of some aspect or aspects of memory. Recent work has focused on analysing how memory is involved in recovering stored food, discovering how this memory can be tested in tasks that do not involve food storing, and comparing the memory of storing birds with that of their non-storing relatives in a variety of tasks.
Cognition with and without awareness
Authors: Underwood Geoffrey , Bright James E. H. 
Published: April 2012

Abstract
This chapter discusses the issues involved in establishing an implicit/explicit distinction and the necessity of awareness for information processing. Most of the evidence reviewed in the chapter suggests that the recognition of simple stimuli can be achieved without attention and awareness, but this fact does not imply that attention serves no purpose or that awareness adds nothing to cognition. On the other hand, when we focus our attention, we are selectively aware of some parts of the environment while leaving out of other parts and these changes in perception can be observed in our behaviour. This chapter also explains that the difference between implicit and explicit memories has been used to describe performance in amnesic, hypnotic, anaesthetized, and normal subjects, and this confirms the evidence of remembering while devoid of awareness of memories. Memories that do not comprise conscious representations are not inevitably dormant. Awareness of an experience is neither a necessary consequence nor condition for cognition.
Development of visual motion processing
Authors: Wattam-Bell John R. B. 
Published: April 2012

AbstractMotion is perhaps the most fundamental visual dimension. It provides one of the richest and least ambiguous sources of information about the contents and layout of the environment, and about the observer's own movement within it. Hence it is not surprising that, unlike other visual dimensions such as colour and stereopsis, motion sensitivity is apparently present in all visual systems, from the most primitive to the most advanced. From an evolutionary point of view, detection of relative motion is the primary method of segmenting the visual scene, and that object vision emerges in higher animals as an elaboration of this basic mechanism. This suggests that motion might play a fundamental role in the development of vision, and that motion sensitivity might be one of the first visual functions to appear. Full use of motion information requires sensitivity to speed and direction, and is it generally thought that the first stage of motion analysis consists of more-or-less local estimates of these basic quantities by directionally selective mechanisms. These low-level mechanisms provide the foundation for more global perceptual processes, and insight into their development provides an important first step towards a full understanding of the development of visual motion processing.
Issues in infant vision screening and assessment
Authors: Atkinson Janette 
Published: April 2012

AbstractThis chapter considers methods of infant vision testing applied in two practical contexts, screening and assessment. The demands of these two applications are quite different. Screening is the attempt to identify undetected vision problems, or their precursors, in the population as a whole. Screening has to be targeted on specific disorders for which there are clear benefits in early detection, and the methods must be appropriate, in terms of costs to the health care system and demands on families, for use with large numbers of children most of whom will turn out to be normal. Visual assessment deals with much smaller numbers of children who are already believed to have a problem with vision. The detailed nature of the problem in each case needs to be determined for purposes of diagnosis, clinical management, rehabilitation, and the understanding of the impact of any visual disability on everyday activities.
Striate cortex, extrastriate cortex, and colliculus: some new approaches
Authors: Braddick Oliver , Atkinson Janette , Hood Bruce 
Published: April 2012

AbstractMany aspects of visual development over the first months of life can be understood in terms of visual function becoming increasingly dominated by cortical processes. More recent formulations have developed this idea in terms of cortical processes modulating continuing visual functions of subcortical structures and of differential development of distinct visual cortical streams and areas. One important source of evidence for visual cortical development is the development of capabilities that require the specific kinds of stimulus selectivity found in cortical neurons. These include selectivity for orientation, for directional motion selectivity, and binocular disparity. This chapter concentrates on three other lines of evidence; from the control of shifts in visual attention, from optokinetic responses in children with localized brain damage, and from sensitivity to ‘second-order’ stimuli that are presumed to require relatively elaborate cortical processing. These new kinds of evidence are consistent with the broad idea of increasing cortical dominance in the early months but also make clear that the developmental relationships between cortical and subcortical processing, and between cortical areas, are complex ones.
Development of binocularity and its sexual differentiation
Authors: Held Richard , Thorn Frank , Gwiazda Jane , Bauer Joseph 
Published: April 2012

AbstractSeveral different testing procedures all failed to find any evidence for stereopsis prior to approximately six weeks of age, although infants are quite capable of making other sorts of visual discrimination at, and prior to, this age. The average age of onset of a selective response to binocular disparity is between twelve and fourteen weeks. Almost all infants have acquired it by six months of age. Following an abrupt onset—from absent when tested during one week to present during the next—of selective response to coarse disparity, stereo acuity rises rapidly. Several theories of the neuronal substrate of this process have been proposed and some have led to further insights into binocular development. However, to date, no significant sex differences have been found between sensitivities during the age of acquisition.
Extrastriate visual areas
Authors: Rolls Edmund T. 
Published: April 2012

AbstractThis chapter discusses the anatomical and functional continuation of the three parallel visual pathways in cortical areas beyond the striate cortex. These partially segregated visual streams are the magnocellular system, the parvocellular-interblob system, and the parvocellular-blob system. The findings indicate that visual attentional mechanisms allow these processing streams to interact and the attentional effects are implemented via top-down feedback parallel interactions.
Visual attentional mechanisms
Authors: Rolls Edmund T. 
Published: April 2012

AbstractThis chapter examines the classical psychophysical view of selective visual attention, and the physiological findings that suggest an alternative neurodynamical view based on the biased competition hypothesis. It discusses the computational models of visual attention, the biased competition hypothesis in single-cell studies, and the neuropsychology of attention. The chapter concludes that human neuroimaging experiments have extended the validity of the biased competition hypothesis from the neuronal level to the intermediate level of cortical areas, and suggests candidate areas from where the biasing signal may originate.