bluuebunny/crossref_metadata_2025_split huggingface dataset:
Necessary Unity
Authors: Rödl Florian 
Published: June 2024

Abstract
Elaborating on arguments from Kant’s legal philosophy, the chapter argues that the concept of private rights leads to the idea of necessary unity in choice of law. Unity is achieved if legislators and courts of all states subject the articulation of conflict-of-law rules to the same idea of justice. The relevant idea of justice is neither the idea of comparatively more impairment of governmental interests nor an idea of ‘conflicts justice’. Rather, justice in choice of law is about reasonably assigning jurisdiction to prescribe private-law rules. It is argued that the principle for the assignment is the principle of territoriality: private-law claims are subject to that state’s jurisdiction in whose territory the object of the infringed right (thing or another’s deed) is located. Contrary to widespread belief, it is this principle which actually governs the European Union’s choice-of-law rules. However, in contrast to the current law in the EU (and elsewhere), the idea of choice of law as assigning jurisdiction blocks the idea that private parties could have the power to choose the applicable law at will. This understanding of the basic rules in choice of law leaves room for ‘politics’, in a wide sense that includes the public interests of a particular state on the one hand and imperatives from good morals on the other.
Logical Models for Private International Law
Authors: Rotolo Antonino , Sartor Giovanni 
Published: June 2024

Abstract
This chapter offers an introductory treatment of the use of formal logic for representing and modelling private international law (PIL). It begins with a discussion of the benefits and limits of logic as applied in general to the law and to PIL. It then sketches basic ideas on how to deal with the issue using classical logic, defeasible reasoning, and belief revision techniques. Some recent trends are illustrated on modular argumentation and logics for reasoning about interpretive canons. Finally, the chapter presents further research perspectives, such as balancing values and principles for selecting applicable rules in the context of PIL.
What Do We Owe to Each Other in Private International Law?
Authors: Banu Roxana 
Published: June 2024

Abstract
While private international law has always understood the choice-of-law question as one of justice, it has constantly oscillated between focusing on state-centred or individualistic perspectives on justice. State-centred theories premised on state sovereignty or state interests focus on our transnational interactions as collectivities. The justice of inter-personal interactions is not their focus, since those interactions are viewed as trigger points for conflicts of state sovereignty or national legislative policies. Individualistic theories focus on abstract notions of the will or autonomy. They focus only on the private law relationship, on very abstract interests, and on a principle of freedom as independence in which we are interested instrumentally, as the only means of achieving our own freedom as independence. This chapter argues that neither state-centric nor individualistic theories in private international law are adequate because they ignore an important relational justice value of respect for each other as equal justificatory authorities. I argue for an alternative, deeply relational perspective according to which private international law must enable and sustain valuable relationships of mutual recognition between people in the transnational domain. This is achieved when only those choice-of-law principles are adopted which cannot be reasonably rejected by people who were motivated to find principles for the general regulation of transnational behaviour that others, similarly motivated, could not reasonably reject. It begins to construct this alternative perspective by reference to several analytical building blocks drawn from Thomas Scanlon’s moral contractualism and builds upon this framework with insights from Simone Weil.
A Relations-First Approach to Choice of Law
Authors: Marzal Toni , Pavlakos George 
Published: June 2024

Abstract
The question of applicable law remains central in the doctrine and practice of private international law (PIL), raising many disagreements around the criteria that govern its determination. Paradoxically, this question is commonly approached through a positivist lens, while at the same time being guided by a commitment to individual autonomy. This chapter frames the issue of applicable law as involving a series of questions about relational morality, which ought to be answered independently of any established legal order, and from a concern for the common good. First, it demonstrates that a purely positivist understanding fails to properly account for today’s practice, given its propensity to exclude normative considerations as irrelevant to the determination of legal facts, while at the same time resorting to such considerations. Second, it shows how current PIL tends to smuggle into legal reasoning a pre-institutional notion of individual autonomy, which implicitly guides the determination of applicable law, and is divorced from any considerations of relational morality (as well as from ideals of the common good). Third, it emphasizes the independent value of addressing the question of legal relations in pre-institutional terms and proposes a fresh way of understanding the legality of such relations among private parties, on the basis of a revised reading of Savigny and Kantian right, as key to the determination of the applicable law. Finally, it explores the downstream implications of this relations-first approach, by considering the applicable law to claims against parent/buyer companies for the harm caused by their subsidiaries/providers overseas.
Legal Professional Privilege in Criminal Investigations and Proceedings
Authors: Hayes Will , Cochrane Vivien 
Published: June 2024

Abstract
This is a book about the law of legal professional privilege and its practical application in criminal cases and internal investigations. It is intended to be a single point of reference for all criminal practitioners regardless of the type of case in which they are involved. Although aimed primarily at criminal defence lawyers—both solicitors and barristers—it also contains guidance for others involved in the criminal justice system more widely, including prosecution lawyers, investigators, independent counsel undertaking privilege reviews, and members of the judiciary who are asked to determine privilege issues in criminal proceedings. The content and structure of the book are determined first and foremost by the practical issues that criminal lawyers encounter and the stage in proceedings at which they typically arise. Topics include communicating with third parties to obtain evidence for trial, invoking the crime-fraud exception in criminal proceedings, the effect on privilege of disclosing the reasons for advice to answer no comment, the relationship between privilege and powers of search and seizure, conducting privilege reviews, compelled interviews, reference to privileged material in an expert’s report, prosecution privilege and disclosure obligations, corporate cooperation and waiver of privilege, inadvertent waiver by lawyers at court, appeals based on criticism of previous legal representatives and fresh evidence, and the extent to which privilege can apply to internal investigation witness interviews and fact-finding reports.
Search and Seizure, Compulsion, Surveillance, and Interception
Authors: Cochrane Vivien , Hayes Will 
Published: June 2024

Abstract
This chapter examines the relationship between legal professional privilege and the main powers of search and seizure and compulsion available to the authorities in criminal investigations, including under the Police and Criminal Evidence Act 1984 (PACE 1984), the Criminal Justice Act 1987 (CJA 1987) (including ‘section 2 notices’), the Proceeds of Crime Act 2002 (POCA 2002), the Serious Organised Crime and Police Act 2005 (SOCPA 2005), the Financial Services and Markets Act 2000 (FSMA 2000), and ‘seize and sift’ powers under the Criminal Justice and Police Act 2001 (CJPA 2001). It provides guidance on the key principles that apply at each stage of the process when investigators wish to obtain material that may include privileged items, including case law relating to applications for and execution of search warrants. The chapter explains in detail the obligations under the CJPA 2001 for handling privileged material after seizure, including the initial examination, the obligation to return or isolate privileged material, the use of inextricably linked property, and applications under the CJPA 2001, section 59 for the return of material. Other topics include asserting privilege in response to powers of compulsion, the impact of seizure of privileged material on a defendant’s right to a fair trial, and covert surveillance and interception of privileged communications under the Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Investigatory Powers Act 2016 (IPA 2016).
Privilege Reviews
Authors: Cochrane Vivien , Hayes Will 
Published: June 2024

Abstract
This chapter focuses on reviews of material that may contain items covered by legal professional privilege that are conducted by or on behalf of investigators following seizure or in other circumstances by lawyers in private practice, for example during an internal investigation or in order to extract privileged items from material that is to be voluntarily provided to the authorities. The chapter explains the procedure that should be followed whenever investigators or prosecutors are alerted to the possibility that privileged material is among that which has been seized (or produced or disclosed subject to powers of compulsion), as well as examining the respective roles of the defence and independent counsel and the relationship between them. It includes detailed guidance on devising search terms to identify privileged items and how to deal with issues or categories of documents that are commonly encountered in privilege reviews, such as email chains containing a mixture of privileged and non-privileged emails, applying redactions, and multi-addressee emails. For privilege reviews conducted in circumstances other than following the seizure of material, the chapter offers guidance on issues such as setting up a document review platform and managing a team of reviewers. There is also a brief discussion about the use of artificial intelligence and machine learning in privilege reviews. The guidance in this chapter is aimed at all parties involved in the privilege review process, including defence lawyers, independent counsel, investigators, and prosecutors.
Compelled Interviews
Authors: Cochrane Vivien , Hayes Will 
Published: June 2024

Abstract
This chapter looks at the relationship between legal professional privilege and the main powers available to investigators to compel a person to attend an interview to answer questions or otherwise provide information in connection with a criminal investigation, including under the Criminal Justice Act 1987 (CJA 1987) (‘section 2 interview’), the Serious Organised Crime and Police Act 2005 (SOCPA 2005), and the Financial Services and Markets Act 2000 (FSMA 2000). It provides practical guidance to lawyers representing clients interviewed under these powers and the steps that should be taken to protect privileged information. The chapter includes a discussion about compelled interviews with lawyers, for example in-house lawyers at a company under investigation by the Serious Fraud Office, and the particular care that is needed in these interviews.
Prosecution Privilege
Authors: Cochrane Vivien , Hayes Will 
Published: June 2024

Abstract
This chapter considers the availability of legal professional privilege for the police, other criminal investigation authorities, and prosecutors in respect of their own communications and documents and how this operates alongside a prosecutor’s statutory disclosure obligations. It explains how the law of privilege applies to investigators and prosecutors and provides examples of the types of communications and documents that are covered by privilege in this context. The chapter goes on to explore whether a prosecutor can ever withhold material that meets the disclosure test purely on the basis of privilege or whether the obligations under the Criminal Procedure and Investigations Act 1996 (CPIA 1996) defeat any privilege to which the prosecution might otherwise be entitled. The chapter also explains how these principles apply to private prosecutions.
Evidence Gathering and Preparing for Court
Authors: Cochrane Vivien , Hayes Will 
Published: June 2024

Abstract
The charge, summons, or postal requisition marks the end of the investigation stage and begins the process of litigation in the form of a prosecution. This may mean preparation for a trial, a Newton hearing, or sentencing, with various administrative hearings in between. This chapter look at how legal professional privilege applies during this stage of proceedings. Much of the focus is on third party communications and the application of litigation privilege, including engaging with defence witnesses, communications regarding funding, approaching prosecution witnesses, and instructing experts. The chapter explores the danger areas where there is a risk of privilege being waived, including experts referring to privileged material in their reports, defence witnesses and experts disclosing privileged information without the consent of the defendant, and deploying privileged material in support of the defence case. There is also a discussion about seeking disclosure of privileged material held by the prosecution, including where the privilege belongs to a third party or is the prosecution’s own privilege, building on the legal analysis in Chapter 8.
Learning your place
Authors: Tight Malcolm 
Published: June 2024

Abstract
This chapter takes the “learning as premodifier” strategy of the book literally, seeing the underlying purpose of learning—whether intentionally or otherwise—as being about modifying and training the learner so that they better fit their designated place in society and the economy. In this reading, learning is fundamentally about learning your place. This learning will start from the moment you are conscious, continue throughout your formal education, and be reemphasized and returned to repeatedly during your working and social life. The chapter critically assesses the roles of both formal education and factors and experiences beyond formal learning in “forming” the individual for their place in society and the economy. In so doing, it also critiques, implicitly and explicitly, many of the core ideas that underlie beliefs in the potential for individual social and economic progress, supported by and through the educational system, as expressed in so many policy statements and academic articles.
The meanings of “learning organization” from the perspective of usage
Authors: van Rooy Bertus , Rentier Roosmarijn 
Published: June 2024

Abstract
The definition of what (a) learning organization is, has been contested throughout the several decades since the term came into use. This chapter investigates the use of the term in context, by analysing a corpus of 1,458 abstracts containing the term “learning organization” and/or the control term “knowledge organization,” used as a foil for the investigation, by means of interpreting a collocation analysis. The results indicate that learning organization (unlike knowledge organization) is frequently construed as a desirable attribute that an organization aspires to attain, and at other times as a multidimensional construct with characteristics that an authentic learning organization displays. The term knowledge organization reveals its multidimensional nature in techniques for organizing knowledge—the how-to of knowledge organization. Both terms are used in metalevel reflection, where learning organization is seen as a concept or idea, tied to its aspirational attribute, whereas knowledge organization is seen as a scholarly field.
Comparing two similar terms in which learning is the premodifier
Authors: Örtenblad Anders 
Published: June 2024

Abstract
This chapter presents a study of seven term couples, each containing two terms that both have learning as the premodifier, and that at first glance seem to have a similar or identical meaning, such as “learning company” and “learning organization,” or “learning country” and “learning nation.” Based on careful readings of a few texts on each term, and also on the basis of lexical definitions and print media indicator studies, all fourteen multiword terms are examined in some depth, leading to the finding that the two terms in more or less all of the term couples do have a similar or identical meaning. It is therefore suggested that, from a rational-instrumental perspective, it makes little sense for both of the terms in the term couples to exist, something which the chapter takes as evidence that there is at least some use of the learning premodifier that could be understood as symbolic, rather than techno-rational.
Basic Equality and the Contexts of Opacity Respect
Authors: Carter Ian 
Published: June 2024

Abstract
In this chapter I aim to clarify and defend my account of basic equality as depending on the moral appropriateness of the interpersonal attitude of opacity respect. In particular, I respond to the challenge to the effect that opacity respect is not always an appropriate attitude to take towards persons and that the idea of opacity respect is therefore not basic enough to explain basic equality. I argue that opacity respect is appropriate in some contexts of reasoning and not in others. Moreover, those contexts in which opacity respect is appropriate are those in which we tend to favour treating others as equals. Where one reasoning context leads us to treat persons as opaque and another leads us not to do so, the two kinds of treatment can be seen as compatible, and so too can the treatment of people as in one respect equal, and in another respect unequal.
Tasso and the Diplomatic Persona
Authors: Chiaruzzi Michele 
Published: June 2024

Abstract
The chapter casts light on Torquato Tasso’s Messaggiero (The Messenger) (1582), focusing on its political subject as discussed through an imaginary dialogue: the figure of the ambassador, the framework of his office, and its relation to power. Tasso’s dialogue features the nature of the ambassador as a figure incarnating his own ‘self’, while simultaneously representing his prince and acting on his own behalf in the specific political context of the ‘international’. Tasso rejects the concept of the ambassador as a mere executor of policy, which is a striking departure from the previous general conception of the ambassador. The paradoxical conclusion that emerges is that the messenger as ambassador is not a simple messenger. An analysis of Tasso’s text and its context is the chapter’s epicentre. However, the chapter concerns the possible links between certain ideas and discourses regarding the ambassador’s persona, the growth of diplomatic thought, and the rise of diplomacy as a feature in the rise of the ‘international’.
Empire without Imperialism, Imperialism without Universal Norms
Authors: Hunter Ian 
Published: June 2024

Abstract
Recent discussions of the relation between international law and imperialism have viewed this in a philosophical-historical light. It has thus been regarded in terms of the degree to which aspirant universalist European norms of justice latent in international law might overcome their particularist imperialist determination and achieve global reach and cosmopolitan openness. In the case of East Asia, this philosophical historiography has claimed that an eclipsing of early modern ‘naturalist’ international law by its eighteenth-century ‘positivist’ successor led to the loss of a universalist legal framework. This supposedly paved the way for the imperialist subjugation of East Asian polities by excluding them from a potentially cosmopolitan international juridical community to which their own political cultures were open. In responding to this historiography through a discussion of German imperial public law and the reception of European international law in East Asia, this chapter shows that the history of the European ‘law of nature and nations’ cannot be understood in terms of a naturalist universalism eclipsed by a positivist particularism. All forms of this sprawling discipline were instruments and effects of specifically European cultural programmes and religious and political conflicts. When East Asian scholar-officials encountered European international law, they thus did not regard it as a universal ethic whose positivist distortion had temporarily excluded them from a cosmopolitan community of nations. Rather, they saw it as a specifically European means of ordering political conflict and projecting national power that Western imperialism required them to master and use for their own political purposes.
Morality as Both Objective and Subjective
Authors: Bacin Stefano 
Published: June 2024

Abstract
This chapter first analyzes §37 of Baumgarten’s Elements of First Practical Philosophy, where he qualifies the controversial notion of “objective morality” at the center of the dispute between realists like Wolff and his adversaries. Baumgarten contends that one can agree that atheists can also cognize objective morality without committing one to a whole series of further claims. Then it will clarify how Baumgarten’s claims relate to Wolff’s understanding of “objective morality,” to the views of other Wolffians, and to the attacks made by their adversaries. From a more comprehensive perspective, Baumgarten’s view is compared with eighteenth-century attempts at mediating realism and voluntarism. Finally, the chapter considers the impact of Baumgarten’s view on Kant, arguing that it could have provided Kant with an example of a rationalist view that was able to overcome the weaknesses that, according to Kant’s own lights, affected previous rationalist views.
Can you Deny The Pnc? (Metaphysics Γ
. 3, 1005b11–34)
Authors: Campbell Ian J. , Shapiro Gabriel 
Published: June 2024

Abstract
In Metaphysics Γ. 3, Aristotle argues that it is impossible to deny the Principle of Non-Contradiction (PNC). However, as several commentators—including Code, Barnes, Priest, Kirwan, and Dancy—have objected, Aristotle’s argument appears to rely on the invalid inference from 1 to 2 as follows: 1. For all p, it is impossible to believe that p and not-p. 2. Therefore, it is impossible to believe that it is possible that there is a p such that p and not-p. We argue that this objection turns on a misunderstanding of Aristotle’s text and that Aristotle’s argument is valid and quite strong.
Japanese Capitalism and Entrepreneurship
Authors: Donzé Pierre-Yves , Yongue Julia S. 
Published: June 2024

Abstract
This book explores the development of capitalism in Japan from the Edo period to the present. Highlighting some of the latest academic research in business, socio-economic, and cultural history, it offers novel perspectives on the development of modern Japan, particularly since the twentieth century. Accessible to a broad audience, this work provides insights into the evolution of Japanese capitalism over time as well as some of the individuals who played a role in its development. This is the first publication of its kind specifically using the history of capitalism as the focal point for discussing the formation of modern Japanese business. Unlike most histories of the economic development of Japan, this book does not examine institutions solely through macroeconomic data. Instead, the formation and transformation of capitalism are interpreted as the outcome of the actions of individuals, namely entrepreneurs and social groups within a changing political and cultural context. In addition, the transnational and global dimensions of the history of Japanese capitalism investigated in this book offer a fresh and original look at contemporary Japan.