bluuebunny/crossref_metadata_2025_split huggingface dataset:
8 Festivals and Their Celebrants
Authors: Parker Robert 
Published: January 2010

Abstract
This chapter examines the question of who performs festivals in ancient Athens, where, and the social behaviour of celebrants. An event is a festival if large numbers of the group celebrating it (citizens, for a festival of the city; demesmen, for a deme, and so on) are involved. It would contrast with the many sacrifices on behalf of the Athenian people conducted by a small group in private. That hypothesis deals easily with festivals widely celebrated in individual households, such as the Kronia, with women's festivals, and also with those that offered such obvious draws as mass sacrifices or competitions. Other festival celebrants might include craftsmen such as bronze-workers, metics, and non-citizens. At one or two festivals, however, the only public element was apparently a procession. Whether they participated directly or not, Athenians seem to have thought of the festival as a part of their collective life.
10 The Festival Year
Authors: Parker Robert 
Published: January 2010

Abstract
In ancient Athens, the year a festival was held was formally tied to the calendar of the months (which were often named from festivals), and festivals could be associated in ways that were not merely formal with individual days within the month. Indeed, the internal structure of the month was a vehicle of religious meaning. For example, the new moon was an occasion when individuals regularly went up to the acropolis and prayed to the gods to grant blessings to the city and to themselves. But what mattered was the positioning of a festival at a particular point within the lunar month, not in a particular month. The close symbolic interweaving of twelve gods, twelve tribes, and twelve months that Plato proposed in Laws is quite unlike the practice of any actual Greek city. The more important connection was doubtless that between festivals and the calendar of seasons.
14 The Anthesteria and other Dionysiac Rites
Authors: Parker Robert 
Published: January 2010

Abstract
One festival day in ancient Athens that seemed to have an emotional appeal (at least for men) like that of modern western Christmas is ‘Beakers’ (Choes), middle day of the festival known as Anthesteria. Sources associate the festival with the Limnaion, the old temple (unidentified) of Dionysus ‘in the Marshes’. The Anthesteria can be envisaged as a diffused festival, in which case local sanctuaries of Dionysus will have stood in for the one ‘in the Marshes’ for those who chose to stay in their demes. However, the central ritual of the marriage of Dionysus will have occurred in Athens only. This was not a festival of public pomp and expenditure, and all three days have names associated, in an appropriately homely way, with different kinds of pot: storage jars (pithoi), beakers for drinking wine (choes), and cooking pots or, as some think, water jars (chytroi).
18 Gods at Work II: The Growth of Plants and Men
Authors: Parker Robert 
Published: January 2010

Abstract
According to Solon, black Earth was the greatest mother of the Olympian gods, the source of agricultural wealth and the nurse of children. These two functions are explored in this chapter. Earth was a figure more of thought and of myth than of cult. However, Thucydides mentions her among the deities whose ancient shrines were situated south of the acropolis. Apart from festivals, there were other important forms of private and public cult that had no necessary association with one god of the Panhellenic pantheon rather than another. A clear case is the vow of first fruits or a tithe, the pledge to pay to a god a part of the income from a particular field during the forthcoming year. Among the gods who were associated with agriculture are Earth, Demeter, Kore, Plouton, Zeus, Poseidon, Sun, Seasons, and in some sense Apollo. Gods believed to help in child-nurturing include Artemis, Hera, and Demeter.
Introduction: The Aim of Constitutional Theory
Authors: BRUDNER ALAN 
Published: January 2010

Abstract
This introductory chapter defines liberal constitutional theory as the search for a public reason capable of justifying state coercion to those who share a confidence in individual worth. It criticizes Rawls's understanding of public reason for excluding comprehensive views regarding the most fundamental things. Such a reason privileges one conception of public reason over others and so fails as a public reason all liberals could accept. The chapter questions the widespread assumption that disagreement regarding fundamentals is reasonable among liberals, arguing that diverse liberal sects can agree on the conception of public reason that best fulfils the liberal confidence. Such a conception includes libertarian, egalitarian, and communitarian constitutional paradigms as constituent elements of a complex whole. It disputes the view that liberalism must be neutral toward conceptions of the good, arguing that the model liberal constitution permits limiting rights for the sake of goods essential to individual dignity.
The Libertarian Conception of the Public
Authors: BRUDNER ALAN 
Published: January 2010

Abstract
This chapter begins by identifying the stages by which a claim of authority to rule others is progressively validated and argues that rule under a conception of public reason is part of authority's internal morality. It then identifies the libertarian conception of public reason as mutual cold respect between morally self-supporting persons. It discusses the historical origin of this conception in the downfall of a medieval constitution ordered to virtue and salvation, and it argues that the constitution of liberty rejected perfectionism overbroadly on the basis of a rejection of Christian perfectionism. The chapter then discusses the method by which it will sift from the constitution of liberty enduringly valuable elements of liberal constitutionalism. Elements reflecting the form of mutual recognition between independent agencies are preserved, while elements reflecting libertarianism's claim of self-sufficiency are rejected.
Constitutional Principles: Civil Rights
Authors: BRUDNER ALAN 
Published: January 2010

Abstract
This chapter discusses the civil rights generated by the constitution of liberty. It identifies the libertarian reason for shielding the fundamental civil freedoms against legal regulation; and it assesses the grounds for the libertarian claim that this reason precludes regulation in all cases short of imminent constitutional crisis. It argues that libertarianism's reason for protecting the freedom of religion and civil speech against legal regulation is sound but that its reason for regarding this protection as virtually absolute is not. The chapter criticizes the libertarian police power as being rooted in a conception of public reason that is blind to constitutional goods capable of overriding property rights; and it illustrates this problem with the case of Lochner v. New York.
Self-Authorship and Substantive Justice
Authors: BRUDNER ALAN 
Published: January 2010

Abstract
This chapter derives the constitutional doctrines flowing from the state's duty under the egalitarian paradigm to cultivate the conditions for everyone's living a self-authored life. In particular, it derives a right against strict criminal responsibility for harmful consequences, a right to express in right-respecting action one's conscientious beliefs, a right to state accommodation of conscientious belief where this is compatible with egalitarian public goals, and a qualified right to physician-assisted suicide. However, it criticizes those products of the egalitarian constitution flowing from the premise that the egalitarian principle is fundamental rather than part of a larger scheme. Specifically, it criticizes the egalitarian tendency toward strong legal paternalism, its repudiation of objective morality, and its inability to conceive of reasonable limits on the obscene and hateful public expression of conscientiously held beliefs.
Consociationalism
Authors: BRUDNER ALAN 
Published: January 2010

Abstract
This chapter inquires into the general design of a legislature best suited to the democratic ideals of authority-validation and self-rule. It criticizes the civic republican model of representation for excluding private interests from the public sphere, and the politics-of-difference model for abandoning the ideals of impartiality and civic virtue. It proposes instead Hegel's reconciliation model in which private interests are openly and equally represented in the legislature insofar as they are organized into corporate bodies that seek their members' welfare, whose internal rule is democratic, and have a private stake in the common good. The chapter argues that the formal representation of corporate interests by the corporations' chosen leaders serves authority-validation and self-rule better than the representation of the individual's disinterested will by political elites. Finally, it connects the reconciliation model with contemporary tendencies toward consociational democracy.
Conclusion
Authors: BRUDNER ALAN 
Published: January 2010

Abstract
The chapter shows why it would be reasonable for a self-consistent adherent of each conception of public reason vying for control of the liberal constitution to adopt an inclusive conception within which each is contained as a constituent element. It argues that Rawls's burdens of judgment pose no obstacle to such a consensus. Further, it shows how the inclusive conception of public reason reconciles a perfectionist political order dedicated to an ideal of personality with a liberal one ordered to individual liberty and self-authorship. It suggests some implications of the inclusive conception for the debate between legal positivists and natural lawyers, while responding to concerns that a constitution ordered to the inclusive conception would mean the end of politics.
Cheating
Authors: GREEN STUART P 
Published: January 2010

Abstract
This chapter offers a ‘normative reconstruction’ of the concept of cheating. It seeks to develop a framework for thinking critically about a paradigmatic concept of cheating; and, if not to reach consensus on every point, then at least to identify those aspects of cheating about which there is likely to be agreement (or disagreement). It shows that there is, in fact, a widely recognized concept of cheating that it is distinguishable — both analytically and expressively — from other forms of moral wrongfulness.
Promise-Breaking
Authors: GREEN STUART P 
Published: January 2010

Abstract
Legal theorists have made significant contributions to our understanding of the concept of promising. But their focus has almost invariably been on the law of contract. In light of the minimal degree of opprobrium that usually attaches to promise-breaking in that context, the idea that such moral wrongfulness might play a role in defining the moral content of crimes seems at first thought improbable. This chapter presents a brief examination of the norm against promise-breaking to explain how it differs from the other norms. It turns out that the moral content of a small but interesting collection of white-collar and regulatory offenses does in fact owe something to the concept of promise-breaking.
Fraud
Authors: GREEN STUART P 
Published: January 2010

Abstract
The concept of fraud is ubiquitous in white-collar criminal law, reflecting a protean and proliferating range of meanings. Not only are the fraud offenses among the most frequently charged, but they are also among the most widely and variously codified. This chapter offers a brief survey of the range of moral concepts that have been associated with fraud. It then focuses on the most central of these concepts — namely, deception — and, in particular, shows how the relatively flexible conception of deceit that helps to define fraud differs from the rigid concept of lying shown in the discussion of perjury in the previous chapter.
False Statements
Authors: GREEN STUART P 
Published: January 2010

Abstract
This chapter turns to an offense that reflects elements of both lying and misleading — the crime of making false statements. Codified most prominently in 18 USC § 1001, as well as in numerous kindred statutes, the offense of false statements typically requires that the defendant make a materially false statement or representation ‘within the jurisdiction of’ some government agency. Unlike perjury, there is no requirement that such statements be made under oath. Like perjury, however, most (but not all) American false statements statutes have been held to require literal falsity. What is perhaps most interesting about the offense of false statements, however, is the way in which it distinguishes (or, more accurately, used to distinguish) between wrongful exculpation and wrongful inculpation.
Regulatory Offenses
Authors: GREEN STUART P 
Published: January 2010

Abstract
This chapter focuses on those penal statutes that make it a crime to engage in prohibited conduct, subject to regulation, that would not be viewed as entailing significant moral wrongfulness independent of its prohibition — regulatory offenses characterized as mala prohibita. It considers certain generic forms of regulatory crime, such as engaging in one or another activity without a license, failing to file forms required by the government, or failing to comply with some testing requirement. The question is: when, if ever, is it morally wrong to violate a statute prohibiting some regulated conduct that would not be viewed as morally wrong independent of its prohibition? Even if there is no generally applicable moral obligation to obey the law, there might still be specific cases in which conduct that is otherwise morally neutral becomes wrongful as a result of its prohibition. The chapter examines the possibility that such offenses are informed by the norms against cheating, promise-breaking, and disobedience.
Conclusion
Authors: GREEN STUART P 
Published: January 2010

Abstract
This chapter presents some concluding thoughts from the author. It is because white-collar criminal law is informed by everyday moral concepts such as cheating, deceiving, coercing, and the like that its moral character can seem so ambiguous. But such ambiguity should not dissuade us from its study. The white-collar offenses constitute an increasingly important part of our criminal law. If we are to really understand that law, we have no choice but to continue exploring the complex relationship between it and morality.
Choice, Character and Capacity
Authors: TADROS VICTOR 
Published: January 2010

Abstract
This chapter defends the idea that what is basic to an account of responsibility is the relationship between action and character. It is argued that, to this extent, character theories of criminal responsibility are right in their basic insight, if not in the implications that they have drawn from that insight. Alternatives which claim that responsibility is concerned primarily with choice or with capacity are shown to have more limited significance for a theory of criminal responsibility.
The Nature of Causation
Authors: TADROS VICTOR 
Published: January 2010

Abstract
This chapter is concerned with the best way to understand causation in the criminal law. It is argued that there is a close parallel, with respect to central doctrines of causation, between causation in law and morality on the one hand and causation in science on the other. However, in law and morality we cannot separate the question from causation neatly from the question of whether the defendant had mens rea for his conduct.
Excusing the Mentally Disordered
Authors: TADROS VICTOR 
Published: January 2010

Abstract
Building on the theory of excuses in the previous chapter, this chapter argues that different kinds of excuse might be available to mentally disordered defendants who commit a criminal offence. This view is developed in the light of a critique of the M'Naghten rules, which have long provided the basis for mental disorder defences in the criminal law of England and Wales.
Introduction
Authors: van Dam Cees 
Published: January 2010

Abstract
This book discusses the main features of tort law in Europe by illustrating that similar factual problems arise throughout the tort law systems; from high in the sky the solutions for these problems do not seem to be very different; a closer look down at the surface does not only confirm these similarities but also shows some striking differences in the way the problems are being solved; digging below ground level may reveal the roots for the differences: the various historical and cultural backgrounds and the various policy views as to what can be considered to be fair, just, and reasonable solutions in tort law cases. To learn and understand these basics, the national tort law systems of France, Germany, and England are explored. The book also looks at the requirements for liability: the protected interests, intention and negligence, violation of a statutory rule, strict liability, causation, and damage and damages.
Germany
Authors: van Dam Cees 
Published: January 2010

Abstract
In Germany, tort law is characterised by its systematic approach and its many subtle distinctions. Probably the most characteristic feature of German tort law is judge-made in order to fill lacunae in the Civil Code of 1900. In the early 20th century, the Reichsgericht created safety duties based on negligence, and generally they require a very high level of care. The proper place of these safety duties in the legal system is strongly debated in the legal literature, in which systematic aspects are generally considered to be of great importance even if their practical impact is not always clear. This chapter looks at the German Civil Code provisions on fault liability, judge-made rights such as right to business and general personality right, and rules of stricter liability including liability for things and liability for persons.
Introduction
Authors: van Dam Cees 
Published: January 2010

Abstract
The final part of this book assumes a comparative and a supranational point of view and deals with a number of categories of liability as they relate to tort law in Europe. Most of these categories are related to someone's quality as a supervisor over movable and immovable objects. This chapter sets out the different ways such a supervisor is indicated, both on the basis of strict and fault liability. Liability for lack of information and for defective information is considered, both as regards situations in which someone is obliged to provide information (for example a doctor or a bank), and in which voluntarily provided information (for example in a book or on a website) has to be correct and reliable.
17 Liability in Emergency Cases
Authors: van Dam Cees 
Published: January 2010

Abstract
An extraordinary category concerns the liability in cases of emergency. This chapter examines whether someone can be liable for damage he causes (or rather did not prevent from happening) for failing to rescue a person from a dangerous situation. With respect to the question of whether someone who sees another person in danger of drowning is obliged to come to his rescue, the legal systems, again, provide different answers. A subsequent question is that, if someone undertakes a rescue, what are his duties? Is he required to be successful or is he only obliged not to make the victim's position worse? The chapter looks at national rules on liability in emergency cases in England, France, and Germany, focusing on issues related to duty to rescue such as the rescuer's standard of care or the rescuer's right to compensation.
Liability of Public Authorities
Authors: van Dam Cees 
Published: January 2010

Abstract
This chapter deals with one of the most disputed topics in tort law in Europe: liability of public authorities. The link with public law is the most obvious complicated factor, combined with the role of discretion when assessing public authorities' liability. Also, the case law of the two supranational courts, the European Court of Justice and the European Court of Human Rights, is of increasing influence in shaping the requirements for liability of public authorities. The tendency is towards limiting the discretion of public authorities and this is particularly due to the influence of human rights. The legal systems of France, Germany, and England with respect to liability of public authorities are discussed, along with European Community law, the European Convention on Human Rights law on the right to life and the right to physical integrity and health, inevitability and limits of discretion, and strict liability and the equality principle.
Introduction
Authors: BHAT D.N.S. 
Published: January 2010

Abstract
This introductory chapter establishes a distinction between two kinds of pronouns, called ‘personal pronouns’ and ‘proforms’, and points out why it has not been possible so far to give a satisfactory definition of the category called ‘pronouns’. It also points out the need to differentiate between free-pronoun and bound-pronoun languages. The primary function of personal pronouns is carried out by free pronouns in the former case, and by bound pronouns (clitics or affixes) in the latter.
The Structure of Proforms
Authors: BHAT D.N.S. 
Published: January 2010

Abstract
Proforms generally have a basic dual structure, made up of a pronominal element and a general term. The former indicates their function in sentences (indicating deictic distinctions, interrogativity, indefiniteness, anaphora), and the latter indicates their scope (through general concepts like person, thing, place, time, manner, property). A typological distinction is proposed between languages in which the pronominal element precedes the general term (PG-languages) and the ones in which it follows the general term (GP-languages). Verb-initial languages are mostly of the latter type.
Characteristics of Proforms
Authors: BHAT D.N.S. 
Published: January 2010

Abstract
This chapter points out the need to differentiate between two kinds of reference and identification that may be called ‘pragmatic’ and ‘semantic’. A similar differentiation needs to be made in the case of definiteness and indefiniteness as well. In most languages, noun phrases involve pragmatic identification, whereas proforms involve semantic identification. The notion of opaque context is relevant for semantic identification only, and not for pragmatic identification. The former is restricted to nominal category, whereas the latter is relevant for all word classes. This differentiation is shown to be crucial for understanding the characteristics of proforms (and also noun phrases).
Fascism on Stage: Jean Anouilh’s Antigone
Authors: Fleming Katie 
Published: January 2010

Abstract
This chapter analyses Jean Anouilh's Antigone and the controversy of the Nazi appropriation of Greek mythology. It uses the particular history of the play to highlight the ethical complexity of reception and its relationship to feminism. Antigone has long been recalled to vocalise the most powerful of personal and social politics. Alongside Antigone's noble and famous history of valiant confrontation runs another, decidedly less salubrious, narrative. Antigone's symbolic value has also been used to justify the most pernicious element of Nazism, the ideology of racial purity and superiority; she has stood for an anti-democratic and autocratic monarchism. Indeed, she has been depicted as the epitome of the fascist heroine, even as few, if any, are concerned with Antigone's lapse into fascism. The history of Anouilh's Antigone throws into stark relief the potentially complicated or dual nature of ‘reception studies’ and their relationship to feminism and classical mythology. Ultimately, its reception history has prevailed.