bluuebunny/crossref_metadata_2025_split huggingface dataset:
A View from Rome: Law in theHistoria Augusta
Authors: Honoré Tony 
Published: April 2012

AbstractThis chapter discusses law in the West and views this through the eyes of an author writing on the eve of the Gothic invasions without any consciousness of imminent disaster. This author is the anonymous author of Historia Augusta, the imperial biographies that were composed during the late fourth century. An explanation is included in the chapter of how this work reflects, or even fails to reflect, contemporary legislation, and how the author embellished the careers of classical Roman lawyers.
Honorius: The Milan Period (395–402)
Authors: Honoré Tony 
Published: April 2012

AbstractThis chapter discusses an analysis of the 151 laws that were enacted during the Milan Period (395–401). Fragments of these laws survive and allow identification of their respective quaestors: Hadrianus, Felix, Decius Albinus, Florentinus, and Alethius. The Western laws show less marked changes of style than the Eastern laws, so that to fix periods of quaestorial office is more difficult in the West than it is in the East.
Valentinian III: The Later Years (438–455)
Authors: Honoré Tony 
Published: April 2012

AbstractThis chapter discusses the laws made during the later part of the reign of Valentinian III, which made him appear as opinionated and volatile. Out of all the laws that were enacted during this period, only forty-seven of these survive today. The laws were enacted during the last few years of his reign and when the governing class in the West knew that the destabilizing effects of Alaric's incursions fifty years before had not been overcome. However, they did not suspect that the Western empire was on the point of collapse.
Law and Morality
Authors: Mielke Jeff 
Published: April 2012

Abstract
This chapter presents the Pure Theory of Law's discussion of law and justice, and its anti-ideological stance. The Pure Theory aims to depict the law as it is, without legitimizing it as just or disqualifying it as unjust; the Pure Theory enquires into actual and possible law, not into ‘right’ law. In this sense, it is a radically realistic legal theory.
The Concept of Law and the Doctrine of the Reconstructed Legal Norm
Authors: Mielke Jeff 
Published: April 2012

Abstract
This chapter presents the Pure Theory of Law's discussion of natural law theory and legal positivism, ‘ought’ as designating a category of the law; the law as coercive norm, the concept of the unlawful act, the law as social technique, the normative meaning of the law, and the ‘ought’ and ‘is’ of the law.
Overcoming the Dualism of Legal Theory
Authors: Mielke Jeff 
Published: April 2012

Abstract
This chapter presents the Pure Theory of Law's discussion of the natural law origins of the dualism of objective law and subjective right, the concept of subjective right, the concept of legal subject or person, the ideological significance of the concepts ‘subjective right’ and ‘legal subject’, the concept of legal relation, the concept of legal obligation, reducing law in the subjective sense to objective law, analysing the concept of person, and the universalistic character of the Pure Theory of Law.
Wealth Maximization and Tort Law: A Philosophical Inquiry
Authors: POSNER RICHARD A. 
Published: April 2012

Abstract
This chapter examines the philosophical version of the argument that wealth maximisation is the best positive and normative guide to tort law. ‘Wealth maximisation’ means the policy of trying to maximise the aggregate value of all goods and services, whether they are traded in formal markets (the usual ‘economic’ goods and services) or (in the case of ‘non-economic’ goods or services, such as life, leisure, family, and freedom from pain and suffering) not traded in such markets. ‘Value’ is determined by what the owner of the good or service would demand to part with it or what a non-owner would be willing to pay to obtain it – whichever is greater. ‘Wealth’ is the total value of all ‘economic’ and ‘non-economic’ goods and services, and it is maximised when all goods and services are, so far as is feasible, allocated to their most valuable uses. The concept of wealth is dependent on the assignment of property rights because property rights are a source of wealth, and on the distribution of wealth across persons.
Tort Law in the Aristotelian Tradition
Authors: GORDLEY JAMES 
Published: April 2012

Abstract
In medieval and early modern Europe, Aristotle’s brief account of corrective justice in the Nicomachean Ethics was the starting point for those seeking a philosophical explanation of the law of torts. In the thirteenth century, Thomas Aquinas interpreted Aristotle to accommodate ideas taken from Roman and canon law. His interpretation was elaborated by leaders of a Thomist revival such as Tomasso de Vio, better known as Cajetan, Domingo de Soto, Luis de Molina, and Leonard Lessius. They believed that distributive and corrective justice both serve the higher purpose of advancing human welfare and yet are distinct from each other. This chapter is concerned only with their success in the second of these tasks. It argues that they offered a better account of tort law than contemporary tort theorists have managed. The greatest defect of their explanation was a failure to explain strict liability.
Philosophical Foundations of Fault in Tort Law
Authors: OWEN DAVID G. 
Published: April 2012

Abstract
In this chapter, the inquiry into the nature of fault in tort law involves an examination of the philosophical foundations of choice, action, and harmful conduct. First to be explored are the broad ideals that give moral character to a person’s actions: freedom, equality, and community or common good. Freedom (or autonomy), equality (in a ‘weak’ form), and community (in the ‘hard’ form of utility) are seen collectively to shape significantly the moral quality of human behavior. After these fundamental values are examined generally, their relative priority is next considered, followed by a discussion of the nature and ordering of the basic interests at stake in tort law. Finally, the chapter focuses briefly on the more specific questions of how the underlying values help define the wrongfulness, first, of intentionally harmful conduct; and second, of conduct that accidentally causes harm.
The Seriousness of Harm Thesis for Abnormally Dangerous Activities
Authors: KRESS KEN 
Published: April 2012

Abstract
This chapter concerns the reasons given for finding activities abnormally dangerous and therefore subject to strict liability. Once again, risk predominates. As Justice Linde states: ‘Whether the danger is so great as to give rise to strict liability depends both on the probability and on the magnitude of the threatened harm’. According to the received view, either small probabilities of large harms or large probabilities of small harms suffice for strict liability. On this common view, whether an activity is subject to abnormally dangerous strict liability depends upon the magnitude of the expected disvalue – a function of both the probability of harm and the magnitude of the harm – that it imposes. The chapter argues that the magnitude of the loss is the major factor determining abnormally dangerous activities.
Aggregate Autonomy, the Difference Principle, and the Calabresian Approach to Products Liability
Authors: ATTANASIO JOHN B. 
Published: April 2012

Abstract
To illuminate and develop further the principle of aggregate autonomy, this chapter compares that principle’s defense of Calabresian theory with one that might be offered by Rawlsian analysis including the difference principle. It reviews the salient points of the Calabresian approach to products liability. The chapter then explores potential Rawlsian justifications for the Calabresian approach both under A Theory of Justice and John Rawls’s recent work, Political Liberalism. The chapter describes the principle of aggregate autonomy and reviews its defense of Calabresian theory. It also compares these two defenses in order to contrast the difference principle and the principle of aggregate autonomy. The chapter tries to locate aggregate autonomy within the landscapes of tort law and moral philosophy. It finally reflects on the advantages of theories of the good, such as aggregate autonomy, over theories of the right, such as the difference principle.
Risk, Harm, and Responsibility
Authors: Perry Stephen R. 
Published: April 2012

Abstract
Since risk is one of the central concepts in modern tort law, any theory of torts rooted in notions of interpersonal justice and individual responsibility must get to grips with the questions presented in this chapter. With a view to contributing to a responsibility-based theory of tort law, this theory advances and defends those questions. It offers a general analysis of risk that draws on work in the philosophy of probability and suggests that there are two main conceptions of risk. The chapter also considers the thesis that subjecting another person to risk is a form of harm distinct from any physical harm the person might suffer. This thesis is most plausible if it is understood as presupposing the objective conception of risk. Even understood in that way, however, the thesis cannot be accepted; risk does not, it argues, constitute harm in itself. The chapter then considers moral responsibility for physical damage.
Necessary and Sufficient Conditions in Tort Law
Authors: HONORÉ TONY 
Published: April 2012

Abstract
Argument about causation inside and outside the law is often concerned with the following question: Must a cause be a necessary condition of a result, a sufficient condition of the result, or a necessary element in a set of conditions jointly sufficient to produce the result? This chapter supports the third view, both outside the law and inside it, whenever a sequence of physical events is in issue. A different but related idea can be used to explain reasons for human action, ‘causing’ or inducing people to act rather than causing things to happen. When causal connection must be proved, the law also settles what must be shown to have caused what. Tort law generally imposes fault liability on people who by their wrongful conduct cause harm to others; but sometimes it imposes strict liability on people whose specially dangerous activities, though not wrongful, cause others harm.
The Basis for Excluding Liability for Economic Loss in Tort Law
Authors: BENSON PETER 
Published: April 2012

Abstract
This chapter focuses on the so-called exclusionary rule and the basis for excluding liability for economic loss in tort law. It examines five different situations into which economic loss cases can be divided. The first ‘exclusionary’ situation is typified by circumstances where the defendant damages something in which the plaintiff may have a contractual interest (or something else that is less than a possessory or proprietary right) and this impairs the plaintiff’s interest, causing him financial loss. The two other ‘non-exclusionary’ situations are where the plaintiff’s financial loss arises through a special relationship of justified detrimental reliance by the plaintiff on the defendant, and where it results from the defendant’s intentional interference with the plaintiff’s contract with a third party.
Afterword What Has Philosophy to Learn from Tort Law?
Authors: WILLIAMS BERNARD 
Published: April 2012

Abstract
Philosophy might learn from tort law the difference between practical reality and philosophical frivolity. J. L. Austin was disposed to give that answer. Austin said that it was common sense or, perhaps, ordinary language, and one reason he sometimes gave for this judgement was a quasi-evolutionary one. This chapter presents what it calls a quasi-evolutionary account of the strength of some legal concepts and distinctions, the Picture. The Picture is without doubt highly idealised. There are perhaps two main directions from which this suggestion may come. One objection is that the Picture overestimates the effects of legal argument. The idea here is that cases are decided on the basis of external values or principles – such as wealth maximisation, utility, or equal freedom – and that the legal arguments and the concepts invoked in them (fault, negligence, intention, proximity of causation, or whatever) are, at the limit, merely rhetorical decorations.
The Development of Legal Doctrine in a Mixed System
Authors: Reid Kenneth , Zimmermann Reinhard 
Published: April 2012

Abstract
Private law scholarship in Europe has been, for about 150 years, predominantly national in substance, outlook, and approach. In continental Europe, the law has tended to accept the lex positiva as an immovable boundary of its intellectual endeavours and to solve all legal problems on the basis, and within the conceptual confines, of a national codification. This state of affairs has repeatedly been criticized. The directives enacted by the Council of the European Union, the case law emanating from the European Court of Justice, the legal problems arising from the application of the United Nations Convention on Contracts for the International Sale of Goods, they all increasingly affect the legal condition in most Western European countries. Private law in Europe is in the process of reacquiring a transnational character.
Historical Introduction
Authors: Cairns John W. 
Published: April 2012

Abstract
This chapter attempts to trace the changing nature of Scots law, focusing on its main institutions and taking into account the history of politics, social and economic life, and philosophy. The story is told from the emergence of the Scottish kingdom in 1832. By this date, the basic architecture and much of the sculptural detail of Scots law was in place. An epilogue to this chapter reviews some subsequent developments. The picture that emerges is not one of ‘false starts’. Nor is it one of simple continuity. In fact, the historical reality is too complex to reduce to simple descriptions or metaphors.
Transfer of Ownership
Authors: Carey Miller D. L. 
Published: April 2012

Abstract
For a large part of the development of Scots law there has been a tendency to think in terms of a distinction between moveable and immoveable property as a matter of doctrine rather than a mere distinction between the two major categories of property within a unitary law of property. A possible explanation for this at a general level is the scope for ambivalence in a system in which the very roots are to some extent mixed. Although the civilian distinction between real and personal rights came to be dominant it did so in a context which included legal concepts which were not civilian. The transfer of ownership in moveable property has been analysed in a number of recent works. This chapter accordingly concentrates entirely on immoveable property.
Servitudes
Authors: Waal M. J. De 
Published: April 2012

Abstract
This chapter focuses on servitudes. In many civilian systems, servitudes include both praedial and personal servitudes. In Scotland the position is different. Although older authorities maintain the distinction, Bell had already stated that ‘the only servitudes in Scotland are praedial’. It admits of no doubt that this is also the modern view, and the traditional personal servitude of liferent are not considered in this chapter. The word ‘servitude’ can be traced back to the Latin term servitus. Servitus is derived from the verb servire, which means ‘to be of service’. This, very literally, was the meaning attached to the legal concept of a servitude in the Roman law of antiquity. The lawyers of this early age did not feel the need, nor indeed did they possess the ability, to define the concept in formal jurisprudential terms.
Rights in Security over Moveables
Authors: Steven Andrew J. M. 
Published: April 2012

Abstract
In Scotland the law of rights in security over moveables remains underdeveloped. One of the greatest problems, and the one alluded to by the writers, is the rigid rule that in general there can be no real right in security unless the creditor has possession of the property. One of the aims of this chapter is to investigate how Scots law developed in order to reach this position. It attempts to examine the development of the three main types of real security over corporeal moveables: pledge, hypothec, and lien. Their history is explored to see to what extent they are based on Roman concepts and to what extent they have been influenced by other sources, in particular English law.
Water Law Regimes
Authors: Whitty Niall 
Published: April 2012

Abstract
The development of the Scots law of water rights broadly follows the familiar three-stage pattern found in areas throughout Scots law: a first medieval reception of English (Glanvillian) law, followed by a reception of Roman law as developed in the Europeanjus commune, followed by a second reception of English law beginning in the late eighteenth century. In the domain of water rights, doctrinal history can explain the taxonomic and semantic difficulties of the modern Scots law, a factor adding spice to the more truly historical task of understanding the universal and local factors which have influenced its development.
Regulation of Movement within States
Authors: Beyani Chaloka 
Published: April 2012

Abstract
Because the freedom of movement is somewhat encouraged through its protection by human rights, it is necessary for States to regulate the residence, whereabouts, and physical movement of persons within a particular set of reasonable limitations. The methods of accomplishing such regulation and the basis and justification of such necessity must comply with the criteria established by the human rights that concern the freedom of movement. While public policy accounts for how legislative or administrative methods for controlling the residence and movement of persons within territories, the purposes and forms of such measures vary between and within countries depending on the degree of importance given to public interest that States attempt to protect through enforcing limitations. While it is impractical to discuss the various restriction measures, this chapter looks into the issues of legality of particular restriction through examining the nature and permissibility of such measures.
Exclusive Movement and Residence of Indigenous People on Traditional Lands
Authors: Beyani Chaloka 
Published: April 2012

Abstract
Although there may be certain restrictions regarding the entry and residence of non-indigenous persons within State bounds that protect identity, lifestyle, and other collective rights of indigenous people that may be associated with traditional lands, these, however, are usually undermined as an important aspect of the human rights' international standards. Because such standards are based on the ideology of Western nations that the centre of protection is grounded on the freedom of an individual, human rights usually tend to focus on the rights of the individual. The classical conceptions of human rights which are concerned with instruments of general application used in the setting of standards did not consider the rights of groups, except maybe in the case of self-determination.
Derogation of Freedom of Movement
Authors: Beyani Chaloka 
Published: April 2012

Abstract
At times when nations are undergoing states of war or national emergency, it can be noticed that throughout history, States have veered away from the protection of human rights. The States attempt to justify such actions through pointing out how the State should take the proper measures in maintaining its stability and ensuring its security against certain forms of delinquency that puts both individual and collective interests at risk. Although human rights standards recognize that there are certain incidences in which the principle of derogation must be imposed, a set of criteria that is well-defined is established to limit the occurrences of its application since derogation during states of emergency is believed to lessen the quality and degree of human rights.
Provocation: The Case for Abolition
Authors: Wells Celia 
Published: April 2012

Abstract
This chapter discusses the Provocation exculpation, stating the need for its abolishment due to the underlying sexist, racist, and homophobic factors that the accused may put forward with regards to provocation. To give an insight, a person may have been ‘provoked’ to commit the act of murder by their sheer attitude towards a certain person. This would not be the same for a person, for example, motivated to commit a murder due to simple hatred of the person or perhaps even who had been outright provoked into committing the act. With this in mind, it is suggested that Provocation as an excuse for murder should be abolished since it is ‘encourages’ racism, sexism, and the like with regards to murder cases and similar scenarios.
Context and Culpability in Involuntary Manslaughter: Principle or Instinct?
Authors: Clarkson C. M. V. 
Published: April 2012

Abstract
Manslaughter, like homicide, sits in a neutral position with regards to English criminal law. This chapter identifies several types of manslaughter and its corresponding investigation and prosecution. These range from cases such as constructive manslaughter and gross-negligence manslaughter to corporate killing and killing by gross carelessness. The chapter mentions that these cases should serve as a stepping stone to the outright reform of present criminal law, citing factors such as separate offences and their respective fault requirements. It also provides an in-depth discussion of the aforementioned cases with the differing types of manslaughter put forth by English law and how they should be taken into account with regards to the law's overall reform in the present setting. Overwhelming as it may be, the proposal cannot be ignored without overlooking the outlying components that make up the situation outlined in the aforementioned cases.
Sentencing in Homicide
Authors: Wasik Martin 
Published: April 2012

Abstract
This chapter focuses on the sentencing of the offence of manslaughter; a conclusion of sorts as it takes into account previously discussed passages in the preceding topics. The chapter fist provides a brief history of the sentences carried out in the history of English criminal law, citing several cases ranging from the common man all the way up to businessmen and even politicians. The broad definition of manslaughter and homicide is often disregarded with the current sentencing practice, and thus a reworked structure is presented within the essay as a means to rectify the process. This chapter also discusses the future of sentencing guidelines in criminal law in the modern setting and hopes to bring a distinction with sentencing with regards to murder, homicide, and manslaughter.
Vision, behaviour, and the single neuron
Authors: Rainer Gregor , Logothetis Nikos K. 
Published: April 2012

AbstractThis chapter starts by describing some of the historical developments that represent the origins of single-neuron recording and first attempts to relate the observed neural activity to behaviour. It also provides an overview of the cortical areas of the monkey that process visual information and discusses some of the relevant literature for each area. It then reviews more specifically the progress that has been made in the understanding of different regions of the monkey brain by recording the activity of single neurons. The studies outlined in this chapter represent only a small sample of the wealth of information that has been collected by recording the activity of single neurons in monkeys. Nevertheless, it shows that important progress has been made, not only in the understanding of the representation of sensory stimuli, but also in uncovering neural correlates of cognitive operations such as attention, decision-making, or associative memory formation.