bluuebunny/crossref_metadata_2025_split huggingface dataset:
Public Policy and the Rule of Law
Authors: Langille Joanna 
Published: June 2024

Abstract
The public policy exception is a well-established part of common law choice-law doctrine. Yet scholars have long argued that the exception’s content is uncertain, and that it is in tension with important values in private international law, such as the rule of law, cosmopolitanism, pluralism, and comity. In the author’s view, the failure to offer an account of public policy that addresses these concerns is due to a misunderstanding of the exception’s role in choice-of-law doctrine. The exception is typically understood to play an instrumental, regime-oriented, political function that is hard to square with the legal structure of choice of law, but if we reinterpret public policy as playing an important rule-of-law role, these concerns fall away. This chapter argues that public policy is best understood as a substantive rule-of-law check on the application of foreign law. It allows judges to ensure that the content of any foreign law they apply conforms with the minimal moral requirements of legality, as the forum understands it. This approach changes our understanding of public policy’s role from an instrumental, regime-oriented, functional exception, to an extension of the juridical structure of choice-of-law rules. This role is consistent with the legality of private international law rules. It also directs us to an account of the values that should shape and bound the application of public policy. Finally, this approach helps to mitigate the tension between public policy and cosmopolitanism, pluralism, and comity.
The Justice of Private International Law: Equality and the Difference Principle
Authors: Aldo Menicocci Alejandro 
Published: June 2024

Abstract
Private international law belongs to a bigger General Conflicts Law, like a Law of Laws. The multiplicity of laws it relates to imposes on it the indirect method (as the main method) and the indirect rule (as a meta-norm for the production of the specific rule). Historically built on the cultural foundations of Roman law and Christianity, private-international-law problems of justice were solved either by relying on the response of foreign law, or by blocking it through recourse to ordre public. The problems presented by the application of foreign law were solved through the contribution of the doctrine elaborated by scholars, and later, several of these theories have become positive norms. Today the scenario has changed: private international law relates to people throughout the entire international community. This circumstance imposes a restriction on the concept of ordre public. At the same time, the application of foreign law cannot ignore the standards achieved by international human rights law. A theory of justice inspired by contractual bases can provide a satisfactory alternative of coexistence between cultural diversity and minimum human rights standards.
The Crime-Fraud Exception
Authors: Cochrane Vivien , Hayes Will 
Published: June 2024

Abstract
The crime-fraud exception (also known as the iniquity exception) prevents legal professional privilege from applying to communications that are made in furtherance of a criminal or fraudulent purpose. This chapter includes a review of the key legal principles governing the crime-fraud exception generally, including the type of conduct that will engage the exception and how this has developed since the case of R v Cox and Railton, and the standard of proof that must be met. The chapter then explores how the crime-fraud exception applies to criminal cases specifically, focusing in particular on the distinction between the ‘ordinary run’ of criminal cases and those in which the exception arises, and how the exception can apply where there is overlap between the alleged iniquitous conduct and the issues to be determined at trial. There is also guidance on practical and ethical issues associated with the crime-fraud exception.
Appeals
Authors: Cochrane Vivien , Hayes Will 
Published: June 2024

Abstract
There are specific considerations concerning waiver of legal professional privilege which arise on appeal against conviction and/or sentence. This chapter focuses on the implications for privilege when a convicted defendant appeals to the Court of Appeal against their conviction or sentence in the Crown Court and the extent to which these principles similarly apply in appeals from the magistrates’ court to the Crown Court. Topics include particular considerations for appeals based on criticism of previous legal representatives and fresh evidence, the McCook requirements and obligations on newly instructed lawyers to make enquiries with previous legal representatives, expressly waiving privilege in order to advance certain grounds of appeal, the potential for implied waiver and collateral waiver, the impact of a refusal to waive privilege, and the powers of the Criminal Cases Review Commission (CCRC) to obtain privileged documents.
Toward an increased understanding of the learning turn
Authors: Örtenblad Anders 
Published: June 2024

Abstract
This chapter introduces readers to the subject as well as to the book. The first section deals with the prevalence of a certain type of multiword term that begins with the word “learning” (this is known as the “premodifier”), which in this chapter comes under the notion of Learning Terms. The term “learning turn” is a way of describing the frequent use of Learning Terms—both the number of such terms and the frequency with which they appear—which has been evident during the past few decades. The second section sets out the book’s ambitions: the main aims are to make sense of the learning turn and also of the decrease in frequency that has been identified more recently for some Learning Terms. In the third section some plausible conclusions from the book are outlined, and the final section introduces each chapter.
Linguistic modifiers and the construction of concept meaning
Authors: van Rooy Bertus 
Published: June 2024

Abstract
This chapter offers a linguistic analysis of the term “learning organization” on the basis of an exposition of foundational concepts about the relationship between form and meaning in language. “Organization” is derived from the verb “to organize,” referring to the result of the activity or organizing, in the first instance of organic and physical objects, but becomes polysemous when extended semantically to abstract organization, and ultimately to the social meaning of an organized body of people with a particular purpose, such as a business. “Learning” is derived from the verb “to learn,” and signals an incomplete, ongoing process of learning. In combination, the multiword phrase “learning organization” refers to a social collective of people who form an organization with a particular purpose, and which is moreover engaged in ongoing learning. The organization is construed through metaphorical extension as a person, and hence has the ability to learn.
The impossibility of the learning organization
Authors: Jackson Norman V. 
Published: June 2024

Abstract
This chapter draws attention to the one-dimensional nature of the learning organization, something which allows it to ignore the complex systemic influences within an organization. Critiquing Senge’s seminal The Fifth Discipline, close attention is paid to Senge’s own words so as to maintain focus on the internal logic of his book. By illuminating the necessary disjunction between the learning organization as fact defined by management, and as meaning determined by those subject to it, the chapter suggests that an inevitable disappointment will ensue for all involved. The non-consideration of labor makes the requirements of The Fifth Discipline something more suited to robots than humans. While claiming a relatively unspecified efficacy resulting from the application of his five “component technologies,” Senge avoids what might be conventionally understood as “proof.” Instead he makes extensive use of “truly,” “genuinely,” etc. to show a spurious difference in commitment by those involved in applying his prescription. This way any lack of success can be explained.
Is There a Thing Called Moral Equality? (And Does It Matter if There Isn’t?)
Authors: Sangiovanni Andrea 
Published: June 2024

Abstract
A commitment to moral equality is everywhere accepted as a foundation stone of liberal moral and political philosophy. Yet it is often very unclear what such commitment, in fact, commits us to. In this chapter, I argue three main points. First, I argue that it is unclear whether it is the same commitment at the heart of predominant versions of consequentialism and non-consequentialism. Second, I argue that the reference to equality is redundant in the most common formulations. Third, I argue that we ought to distinguish, more clearly than has been done so far, the role of the commitment in debates on animal ethics and in debates on social equality.
Basic Equality
Authors: Kirby Nikolas 
Published: June 2024

Abstract
This chapter offers a novel solution to the problem of the basis of basic equality. It begins with the assumption that, in virtue of possessing some degree of rational agency as a non-normative property, (almost) all human beings are able to be morally responsible for their actions to some degree of credit. However, it is a mistake to equate such degrees of credit with the moral worth of one’s actions. Moral worth is equivalent to the actual value of such credit attained (‘choice’) relative to the possible values of credit available to that individual (‘circumstance’). Once differences in circumstance, including any initial differences in our degrees of rational agency, are accounted for, then it follows that each individual has the equal ability to attain moral worth, regardless of any initial differences in such rational agency. We are equals, at least, in this one moral property. Why should we accept such claims about moral worth to be true? They are the most plausible way to avoid the problem of circumstantial moral luck. What, if anything, follows given such basic equality? Each individual’s response to the challenge of attaining moral worth should have, ceteris paribus, ‘equal weight’ in the world implying the equalization of circumstances.
Basic Equality, Rational Agency Capacity, and Potentiality
Authors: Arneson Richard 
Published: June 2024

Abstract
A familiar and plausible view holds that a being’s possessing rational agency capacities (RAC) at a sufficient level and within a wide range suffices for basic equality, involving personhood status and substantive moral entitlements accompanying it, the same for all persons. A familiar objection holds that if possessing RAC at this threshold level confers some moral considerability on a being, possessing greater degrees of RAC above this threshold should confer yet greater moral considerability. The same objection to basic equality applies for any proposed traits, possession of which at a threshold level is asserted to suffice for basic equality. This essay explores the idea that it is nonetheless the case that possession of threshold RAC does suffice for basic equality status, though we presently lack any satisfactory explanation of how this is so. The RAC account is appealing, in that it facilitates a unified explanation of a range of moral convictions we should be reluctant to shed. The RAC account also has controversial but perhaps acceptable implications, but it runs into a seemingly devastating ‘young childicide’ problem. A modified RAC account, however, resolves this problem.
Divided by a Common Language
Authors: Devetak Richard 
Published: June 2024

Abstract
This chapter provides a historiographical survey of the changing relationship between the academic discipline of history and the political science sub-discipline of international relations (IR). The first section of the chapter recalls the shared intellectual space occupied by history and politics (including IR) in the late nineteenth and early twentieth centuries. The second section relates the mid-century divergence between the disciplines as IR pursued academic independence by developing its own theoretical traditions. This drove IR further away from historiography and historical methods. At the same time, history cast off its concern with questions of government, statecraft, empire-building, and war in order to refocus on social, economic, and cultural dimensions. The final section describes the convergence of history and IR on renewed historico-political ground made possible by the ‘historical turn’ in IR and the ‘international turn’ in history.
Perfection and Self-Perfection in Baumgarten and Kant
Authors: Guyer Paul 
Published: June 2024

Abstract
The debate on whether Kant’s duties of justice derive from the fundamental principle of morality akin to his ethical duties has persisted, with some scholars advocating the autonomy of Kantian justice from morality. However, this chapter contends that Kant closely follows Baumgarten, who perceives justice and ethics as integral components of a unified moral system. While Kant does not challenge Baumgarten on this, notable disparities exist between their perspectives. Baumgarten’s distinction between internal and external motives well explains why justice only concerns the duties of action, which Kant simply takes for granted without any acknowledgment. Additionally, Baumgarten’s definition of perfect duties as enforceable contrasts with Kant’s identification of non-coercively enforceable perfect duties that extend beyond the scope of justice. Kant’s argument on coercion hindering freedom reveals the underlying foundation of his moral philosophy, grounded in the normativity of freedom, distinguishing it from the perspectives of Baumgarten and other Wolffians.
Fatalism and False Futures in De Interpretatione 9
Authors: Carter Jason W. 
Published: June 2024

Abstract
In De interpretatione 9, Aristotle argues against the fatalist view that if statements about future contingent singular events (e.g. ‘There will be a sea battle tomorrow,’ ‘There will not be a sea battle tomorrow’) are already true or false, then the events to which those statements refer will necessarily occur or necessarily not occur. Scholars have generally held that, to refute this argument, Aristotle allows that future contingent statements are exempt from either the principle of bivalence or the law of excluded middle. This paper offers a new interpretation of Aristotle’s refutation of fatalism. According to this interpretation, each member of a pair of contradictory future contingent statements, in virtue of expressing modal necessity, is simply false.
Conclusion
Authors: Donzé Pierre-Yves , Yongue Julia S. 
Published: June 2024

Abstract
The conclusion offers a general discussion of the evolution of Japanese capitalism and entrepreneurship from the Edo era to the present and some implications for business development in Japan and other capitalist economies. Countries around the world have looked to Japan as a model for success in business, education, and labour relations—one that brought rapid economic growth and prosperity in the postwar period and beyond. However, in more recent decades this model has been called into question. High-speed growth yielded negative externalities, namely environmental degradation. The gradual shift toward a more Anglo-Saxon neoliberal model of capitalism has resulted in a widening of socioeconomic inequalities. Japan’s search for solutions offers many useful lessons to other nations facing the similar challenges. The book’s broad survey of Japanese capitalism and entrepreneurship over time gives students of Japanese business, economics, and society ample information for discussion and debate as well as some ideas for confronting these challenges.
Introduction
Authors: Wills Christopher 
Published: June 2024

Abstract
In the introduction, we journey down the eastern slope of the Peruvian Andes, meeting some of the huge range of species of birds, animals, and plants that populate this succession of complex ecosystems. We encounter “tangled banks” of organisms that are co-evolving in ways that were first described by Charles Darwin. His theory of evolution through natural selection allows us to make sense of some of their many cooperative and competitive ecological interactions. And we see how these ecosystems have a secret life. At the genetic level, they are actually the bubbling cauldrons of evolutionary change that power their ability to take part in these ever-changing webs that form the basis of life on Earth.
How Ecosystems Survive Change
Authors: Wills Christopher 
Published: June 2024

Abstract
Here we retrace the long and eventful history of tropical reef ecosystems, showing how they form and how their structure and component species have managed to adapt over time as they have survived repeated ecological upheavals and waves of extinctions. This history is illuminated by stories of reefs around the world that the author has visited. At the conclusion of this eventful tale, we explore evidence from the exploding diversity of the fossil record of shelled molluscs over time, showing how the diversity and perhaps the resilience of reefs have grown. Although there may be temporary limits to ecosystem diversity, those limits have repeatedly been overcome by the ever-increasing numbers of ecological niches generated by these complex ecosystems.
How Entangled Is an Entangled Bank?
Authors: Wills Christopher 
Published: June 2024

Abstract
This chapter starts with the surprising outcome of the author’s brief visit to an apparently featureless open ocean ecosystem, and shows how such ecosystems actually harbor large numbers of bacterial and virus species. We then explore the findings from mid-ocean data samples that were collected on voyages of the tiny oceanographic vessel Tara. Cutting-edge analysis of the genomes of single cells is revealing that such apparently species-poor and simple ecosystems are actually complex and rich in species of microorganism and species of virus that prey on them. This complexity contains both dangers and solutions to the dangers. Pathogens such as the cholera bacillus are often found in such ecosystems, which also contain genetic resources that can make such pathogens less dangerous. A pathogen without such controls, such as the smallpox virus that can infect only humans, can rage if unchecked.
Swift Evolution in Tiny Entangled Banks
Authors: Wills Christopher 
Published: June 2024

Abstract
Laboratory experiments are now exploring how rapidly ecosystems can evolve greater species complexity, and how quickly their species can accumulate genetic diversity. We follow dramatic experiments, carried out by Norikazu Ichihashi, on a laboratory ecosystem that is simpler than even the simplest free-living organism. This lab ecosystem consists only of parts of a bacterial virus and parts of its host cells that are capable of limited replication, and yet it soon accumulates a variety of functional molecules and a collection of non-functional “parasite” molecules that sponge off the system. We explore the parallels between this simple system and real ecosystems, with their complex network of hosts and parasites.
Benefiting from the Bubbling Evolutionary Cauldrons
Authors: Wills Christopher 
Published: June 2024

Abstract
We begin this chapter with an examination of what we mean by evolutionary adaptations, by contrasting simple, continually fine-tuned adaptations, such as selection for mimicry patterns in stable ecosystems, with astoundingly flexible mechanisms such as our adaptive immune systems. Flexible mechanisms can adapt organisms to continually changing conditions. This is done, not by anticipating the future, but by drawing on capabilities that have evolved during continually changing conditions in the past—a process that the author has named “the wisdom of the genes.” We trace the remarkable role played by gene transfers in the evolution of the immune system in jawed vertebrates like us. We show how immune systems in other animal groups are not as flexible, because they have not utilized these “borrowed” genes in the same way. The adaptive immune system arose because of the evolutionary resources provided to our ancestors by the ecosystems in which they lived, and because of the wide range of challenges by the pathogens and parasites that inhabited those same ecosystems.
Tipping Points
Authors: Wills Christopher 
Published: June 2024

Abstract
Here we explore ecosystems on the point of collapse, and ask what interventions are likely to have the greatest positive effect on them. We travel to stressed ecosystems in western Mongolia, northern China, and the Atacama Desert in northern Chile, and find that even the most challenged ecological communities retain a surprising amount of evolutionary potential. We see how restoration programs are adapting to this new knowledge, incorporating the unique features of each ecosystem into their approaches. We visit a largely unsuccessful coral reef restoration program on the island of Bohol in the Philippines, and learn from coral ecologists the most likely reasons for its failure. In all of these cases, it is essential to restore and preserve ecosystems in their entirety. Then we turn to additional ways to measure interactions among species in intact ecosystems. My colleagues and I have recently shown that it is possible to measure how interactions between pairs of tree species change over time, and how they are influenced by environmental factors such as soil composition. Ecosystems really are complicated, ever-changing places!
Comparing the prescriptivism of nineteenth- and twenty-first-century language experts in France
Authors: Humphries Emma 
Published: June 2024

Abstract
This chapter compares two sources of language advice: the nineteenth-century publication Le Courrier de Vaugelas (1868–81); and the twenty-first-century website Dire, ne pas dire. Both sources have a question and answer format; readers’ questions about the French language are published alongside responses from perceived experts. The chapter analyses the experts’ responses, exploring, first, the metalanguage and imagery used to give language advice; and second, the extent to which this can be considered prescriptivist. Findings suggest considerable consistency over time in the use of prescriptive imagery but show that, in each publication, this is used to target different aspects of the language and that the perceived experts have different approaches to prescribing usage. Both approaches, however, have the potential to be interpreted as prescriptive by their readers.
France and its difficult relationship with foreign languages
Authors: Caron Philippe 
Published: June 2024

Abstract
This chapter considers two research areas that are rarely dealt with together: French educational policy towards foreign languages from the 1980s onwards and the creation of official neologisms to avoid English loanwords. Examining these two areas together shows the ways in which they are intertwined. The chapter examines French attitudes towards loanwords and suggests that this can shed light on pupils’ performance in foreign-language learning. It also shows that the innovative policy of teaching a second language from the age of 13, which aimed to create a real diversity of languages within a multilingual Europe, has failed. The conclusion addresses an important question: to what extent is a country like France able to modify its behaviour towards the other?