bluuebunny/crossref_metadata_2025_split huggingface dataset:
How Aristotle Understands Change
Authors: Lewis Frank A. 
Published: May 2024

Abstract
In Physics 3.1–3, Aristotle continues his study of notions fundamental to natural philosophy. He begins book 3 by recalling this background, reviewing some familiar distinctions, and explaining change in terms of the active and passive powers constitutive of change, and the activities of each. As he warned (200b22–5), he employs modes of reasoning typical of dialectic: in 3.1, a reductio argument using rules of inference from the Topics and Posterior Analytics, to help explain the use of qua-expressions in the account of change; in 3.2, a review of ‘reputable opinions’ on change; and in 3.3 a constellation of puzzles of varying force, under the title, aporia logikē, and arranged in the form of a dilemma. The puzzles and their resolution (partly by means of an argument by analogy, Top. I.17, 108a7–12) fill in details concerning the location of the activities that jointly comprise a change in the passive rather than the active partner, so that the activity of the teacher is located, not in him, but in the learner. Again, the activities of teacher and learner are in a way the same, as in the analogy with Heraclitus’s road up and road down, the two roads are each accidentally the same as the underlying road between their respective destinations and hence (differently) accidentally the same as each other. Finally, in Aristotle’s ‘two-constituent’ analysis of change, the activities of teaching and learning combine in the change that is the learner’s coming to know what he is being taught.
Why Is Space Discontinuous?
Authors: Karasmanis Vassilis 
Published: May 2024

Abstract
This chapter discusses a question that arises at the intersection of Aristotelian natural science and mathematics: the continuity of magnitude. It deals with this question by focusing on a difficult passage from De Lineis Insecabilibus. This short pseudo-Aristotelian treatise was written to refute the theory of ‘indivisible lines’, according to which lines (and therefore magnitudes) are not continuous but are constituted by small discrete line-atoms. In the Physics (206a17) Aristotle mentions this theory en passant, saying that ‘it is not difficult to refute’ it. De Lineis Insecabilibus opens with five arguments advanced by the supporters of indivisible lines and then seeks to refute them. The chapter focuses on the fifth argument. If correct, this argument would undermine the whole science of geometry. In the author’s view, this argument has been misunderstood not only by the Aristotelian author but also by modern scholars. The first task is to establish which text is to be preferred and how it should be translated. Second, the chapter examines the logical formulation of the argument. Finally, it seeks to show the importance of the argument, and consider plausible ways to escape the difficulties it raises using the Aristotelian theory of the infinite and the continuous.
The Fragmentation of Authoritative Normativity
Authors: McPherson Tristram , Plunkett David 
Published: May 2024

Abstract
A prominent theme in recent work in metaethics has been an increasingly explicit focus on normativity. Much of this work has been focused on “authoritative” or “robust” normativity: put roughly, the kind of normativity, that, were it to exist, would settle what agents “really and truly” or “genuinely” should do (or think, feel, etc.). This chapter explores the idea that thought and talk about authoritative normativity is discordant in the following sense: (i) there are multiple, equally optimally apt candidate notions of “authoritativeness”, and (ii) the norms picked out by different optimally apt candidates for “authoritativeness” can conflict with each other. We think that this thesis is important, and deserves sustained attention. To encourage such attention, we offer a prima facie argument for it, and explore its significance for work in metaethics, and for metanormative inquiry more broadly construed.
Can We See What’s Wrong with Non-Naturalism?
Authors: Elliott Aaron 
Published: May 2024

Abstract
The Genealogical Debunking Challenge for non-naturalism argues that there’s something epistemically problematic about the origins of our normative beliefs. The strongest version locates the problem in non-naturalism precluding the explanatory connections between the facts and our beliefs necessary to avoid the problematic epistemic luck that drives Gettier cases. Third-factor explanations, where the fact and the belief have a shared explanation, have been popular attempts. But non-naturalist third-factor explanations cannot avoid Gettier-luck. This chapter sketches an account of moral perception that provides non-naturalism with explanatory connections that resolve the problem. Non-naturalism can hold that cognitive permeation allows perceptual access to moral properties, without the implausible commitment that wrongness, for example, causally affects the retina. The most salient objections are epistemological: standard philosophical worries about cognitive permeation, special worries about cognitive permeation in this context, and worries about whether this picture can play the correct dialectical role. These are addressed in turn.
The Logic of Deontic Operators
Authors: Makin Laura Tomlinson 
Published: May 2024

Abstract
According to the consensus, a sentence like “she ought to vote” can be analyzed as being composed of a deontic operator and a proposition—that is, the agential ‘ought’ is a propositional operator. This view is embraced by standard deontic logic, and entailed by the standard semantics for “ought.” This chapter argues against that consensus view. Taking a particular deontic sentence, I consider the candidate propositions that might complete its analysis; I argue that there is no proposition that, when operated on, preserves the sense of the original deontic statement. Thus, I conclude, we must reject this analysis of ‘ought’ sentences. I go on to argue that the difficulties that arise for the propositional analysis of “ought” sentences suggest that “ought” should be understood to operate rather on what we can call “process-forms.” This, in turn, suggests the interesting thesis that deontic logic should be continuous with practical, rather than theoretical, reason.
Blackstones' Handbook of Youths in the Criminal Courts
Authors: Branston Gareth , Redhouse Naomi , Ashford Mark 
Published: May 2024

Abstract
This new edition of Blackstone's Handbook of Youths in the Criminal Courts reflects major developments in the law and practice relating to youths in the criminal justice system. It has been thoroughly updated to take account of the raft of changes since the previous edition in 2018. The book covers the entire range of issues specific to the treatment of young people in criminal courts. These include the principles and practice of the youth justice system; the issues of jurisdiction, effective participation, and fair trial; the use of special measures; and the complications of sentencing procedure and practice. The book also updates all references to the Criminal Practice Directions to take account of the new 2023 CPD and includes all relevant developments brought about by changes in legislation such as the Sentencing Act 2020, the Judicial Review and Courts Act 2022, and the new, youth-specific sentence and new allocation exception introduced by the Counter-Terrorism and Sentencing Act 2021.
Bladed Articles and Offensive Weapons (Having in Public/Education Premises and Threats)—Sentencing Children and Young People Guideline—effective from 1 June 2018
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter discusses the youth-specific sentencing guidelines for possession of and threatening with bladed articles or offensive weapons. The first step in determining the sentence is to assess the seriousness of the offence. This assessment is made by considering the nature of the offence and any aggravating and mitigating factors relating to the offence itself. When sentencing the offences of possession of or threatening with bladed articles or offensive weapons, a court must impose a sentence of at least four months’ detention and training order. If there are exceptional circumstances that justify not imposing the statutory minimum sentence then the court must impose an alternative sentence. The chapter then looks at referral orders; youth rehabilitation orders (YROs); YROs with intensive supervision and surveillance or YROs with fostering; and custodial sentences.
Sexual Offences—Sentencing Children and Young People Guideline—effective from 1 June 2017
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter focuses on the youth-specific sentencing guidelines for sexual offences. Sentencing a child or young person for sexual offences involves a number of different considerations from adults. The primary difference is the age and level of maturity; children and young people are less emotionally developed than adults. As such, offending can arise through inappropriate sexual experimentation; gang or peer group pressure to engage in sexual activity; or a lack of understanding regarding consent, exploitation, coercion, and appropriate sexual behaviour. If a custodial sentence is imposed, the court must state its reasons for being satisfied that the offence is so serious that no other sanction would be appropriate and, in particular, why a youth rehabilitation order with intensive supervision and surveillance or fostering could not be justified.
Youth Offending Team/Youth Justice Service
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter discusses the Youth Offending Team (YOT). The Crime and Disorder Act 1998, s 39 places a duty on local authorities, in consultation with the police, probation, and health authority to establish one or more YOTs in its area. It is the duty of the YOT to coordinate the provision of the youth justice services ‘for all those in the authority’s area who need them’ and carry out the functions set out in the Youth Justice Plan, which sets out how the local authority intends to fulfil its duties in relation to the provision of youth justice services. The chapter then considers the use of a standardized assessment tool by YOTs. Since 2015, the Youth Justice Board for England and Wales have introduced a new assessment tool to all YOTs, known as AssetPlus, which is said to improve on the Asset and other tools and provide a single tool to be used for assessing the needs of the young person and informing decisions on bail, sentencing, and management of court orders.
Caution
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter describes how the Crime and Disorder Act 1998, ss 66ZA and 66ZB give the police the power to administer a youth caution. The Ministry of Justice and the Youth Justice Board have also issued a document entitled Youth Cautions: Guidance for Police and Youth Offending Teams. The police are permitted to make the decision to offer a simple youth caution for any offence triable summarily or either way in the case of an adult. Authorization from a Crown Prosecutor should be sought before offering a youth caution for an indictable-only offence. Ultimately, the decision whether to give an out-of-court disposal or to charge will depend in part on the seriousness of the offence. The chapter then looks at the Child Gravity Matrix published by the National Police Chiefs’ Council, as well as the CPS Code for Crown Prosecutors. Following a youth caution, the young person must be assessed by the Youth Offending Team, which has a duty to put in place a rehabilitation programme unless deemed inappropriate.
Conditional Caution
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter explores how the Crime and Disorder Act 1998, ss 66A to 66G provide for youth conditional cautions. It looks at the Code of Practice for Youth Conditional Cautions and the Director’s Guidance on Youth Conditional Cautions. A youth conditional caution may be administered whether or not the youth has a previous youth caution, youth conditional caution, or conviction. In any case where an authorized person or prosecutor is considering offering a youth conditional caution, the local Youth Offending Team must be consulted to ensure that the youth understands the nature of the proposed caution, is suitable to undertake the required conditions, and that the conditions are likely to have a positive impact on offending behaviour. The chapter then outlines the requirements that must be satisfied before a youth conditional caution is made.
Code for Crown Prosecutors
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter focuses on the special considerations that apply to the prosecution of youths under the Code for Crown Prosecutors. Where the allegation arises in relation to someone who was under the age of 18 at the time and the prosecutor is considering whether a prosecution is in the public interest, it states that ‘the best interests and welfare of the child or young person must be considered including whether a prosecution is likely to have an adverse impact on his or her future prospects that is disproportionate to the seriousness of the offending’. There are two stages in the decision to prosecute: the evidential stage and the public interest stage. Representations can be made in relation to either or both. When a decision has been made to bring a youth before the court, this can be reviewed, particularly if new information becomes available. Meanwhile, the prosecution of a person who has received a promise, undertaking, or representation from the police that they will not be prosecuted is capable of being an abuse of process.
CPS Legal Guidance
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter highlights the CPS Legal Guidance on Children as Suspects and Defendants. Within that guidance, the Crown Prosecution Service (CPS) has set out principles guiding the decision to prosecute. According to the guidance, ‘a decision to prosecute a child is susceptible to judicial review if it can be shown that the prosecutor has not taken into account all the information about a child’s background and the public interest factors set out in the Code’. The guidance also contains particular reference to the decision whether to prosecute in the following situations: first time entrants; physical and mental health of the child; children looked after; adverse childhood experiences; special educational needs and disabilities; and offence-specific public interest guidance. In response to concerns that young people in the care of local authorities are being unfairly criminalized in relation to their behaviour in children’s homes, the CPS has issued specific guidance on looked after children.
Age
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter focuses on the issue of age of criminal responsibility. Under the Children and Young Persons Act 1933, s 50, it ‘shall be conclusively presumed that no child under the age of ten years can be guilty of an offence’. At common law, there was a rebuttable presumption that a person aged under 14 was incapable of committing a crime. This presumption, often termed doli incapax, required the prosecution to establish not only that the accused had committed the offence but also that they knew what they had done was seriously wrong rather than merely naughty. The presumption of doli incapax was abolished by the Crime and Disorder Act 1998, s 34 for all offences committed on or after 30 November 1998. Ultimately, any dispute in relation to the age of a defendant should be raised at the first hearing, whether in the adult or youth court.
Reporting Restrictions in the Youth Court
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter explains how the Children and Young Persons Act 1933, s 49 provides for reporting restrictions in the youth court. Reporting restrictions apply automatically to defendants under the age of 18 appearing in the youth court. Moreover, the CYPA 1933, s 49 does not prevent representatives of the press attending the youth court but merely restricts what can be reported. In rare circumstances, the court may lift reporting restrictions in the youth court before conviction. The court may do so during proceedings if it is appropriate for the purpose of avoiding injustice to the youth defendant or if the defendant is unlawfully at large in order to apprehend them. The youth court may also dispense with reporting restrictions once a youth defendant has been convicted if it is in the public interest to do so. The chapter then considers the applications for post-conviction criminal behaviour orders.
Effective Participation
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter explains that the inability of a defendant to participate effectively in the criminal proceedings against them will be a breach of the right to a fair trial under Article 6(1). It reviews the right of the accused to participate effectively in their criminal trial, which includes the right to hear and follow the proceedings. It also emphasizes how children may be dealt with in a manner that takes account of their age, level of maturity, and intellectual and emotional capacity. The chapter talks about how a child may be at risk of not being able to participate effectively because of their young age or limited intellectual capacity. It looks at the question of fairness of trial in the Crown Court for young defendants that was considered by the European Court of Human Rights in V v UK (2000) 30 EHRR 121.
Detention and Training Order
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter focuses on the detention and training order (DTO), which is the primary custodial sentence that can be imposed in the youth court and Crown Court. It explains how a DTO may be imposed on a defendant who has attained the age of 12 by the date of conviction. It also emphasizes that the court must determine if offenders under the age of 15 are persistent offenders before an order can be imposed. The chapter describes how a DTO cannot be imposed by a youth court or a Crown Court if the offender is not legally represented unless the youth offender has refused to apply for legal aid or the legal aid has been withdrawn. It describes offenders that are deemed to be legally represented if they have a solicitor or barrister to represent them in the court after they are found guilty and before they are sentenced.
Fines
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter looks at the explanatory materials to the Magistrates’ Court Sentencing Guidelines that set out the approach to fines in relation to adult offenders. It cites Sentencing Code, s 123 that provides that the maximum fine in the magistrates’ court for a youth depends on age. It also points out that there is no limit where a youth defendant is convicted on indictment in the Crown Court and that a fine must not exceed the statutory limit. The chapter reviews the amount of the costs that must not exceed the amount of the fine if the court orders costs to be paid by a youth defendant alongside a fine. It highlights the requirement of the court for a defendant to provide details of their financial circumstances, such as youth defendants that are unlikely to have income aside from money provided by their parents or guardians.
Hospital and Guardianship Orders
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter talks about a youth court or a Crown Court that may impose a hospital order or guardianship order upon a youth defendant when the requirements of the MHA 1983, s 37 are satisfied. It emphasizes how a court may authorize the admission and detention of a person convicted by the Crown Court or a magistrates’ court of an offence punishable with imprisonment in a hospital. It also reviews the sentence of an offence that falls under sections 258, 258A, 268A, 273, 274, 274A, 282A, 283, 285, or 285A that will not prevent a court from making an order for the admission of the offender to a hospital. The chapter looks at an order that places an offender under the guardianship of a local social services authority or of any other person if the court is satisfied that that authority or person is willing to receive the offender into guardianship. It considers the restriction order as a hospital order where the court orders that the offender’s release will be subject to special restrictions.
Sentence: Procedure in the Youth Court
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter highlights the fact that the words ‘conviction’ and ‘sentence’ should not be used in relation to a youth defendant dealt with in the youth court or adult magistrates’ court. It cites the Children and Young Persons Act 1933, s 59, which does not apply to youth defendants tried on indictment in the Crown Court. It also outlines the procedure for the sentencing hearing in the youth court that is governed by the Criminal Procedure Rules, r 24.11. The chapter explores the task of the defendant to provide information relevant to a sentence, including details of financial circumstances. It talks about a defendant under 18, which obligates the court to give the defendant’s parents, guardian, or other supporting adult the opportunity to make representations and introduce evidence relevant to the sentence.
Case Management and Effective Participation
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter covers the notion of case management and effective participation. The fair trial guarantee of Article 6 of the European Commission of Human Rights (ECHR) includes the youth defendant's ability to participate effectively in the trial process. The chapter then details the notion of fitness to plead, which involves the procedure under the Criminal Procedure (Insanity) Act 1964. It considers fitness to plead as a measure of last resort. Moreover, the automatic reporting restrictions in the youth court under section 49 of the Children and Young Persons Act 1993 do not apply during proceedings of youth defendants in the Crown Court.
Appeal Cases
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter examines the key concepts surrounding appeal cases. It starts with case management, which involves the hearing of evidence, before elaborating on the rights of appeal to the Crown Court. In the course of hearing any appeal, the Crown Court has the power to, for example, correct any error in the order of judgment. Additionally, the Crown Court may order punishment more severe than that awarded by the lower court. The chapter sets out the reporting restrictions that apply under s 49 of the Children and Young Persons Act 1933 if the Crown Court, acting in its appellate role, was sitting as a youth court.
Requiring Attendance at Court
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi 
Published: May 2024

Abstract
This chapter focuses on requirements to attend court. Section 34A of the Children and Young Persons Act 1933 covers the attendance of parents or guardians at court, as well as the relevance of parental responsibility of a local authority which has a child or young person in their care or accommodation. The Criminal Procedure Rules presents two options for the requirements around summons, warrant, and requisition. The chapter also sets out the Sentencing Children and Young People – Overarching Principles definitive guideline on the statutory requirement relating to parents/guardians for young persons under the age of 16.