bluuebunny/crossref_metadata_2025_split huggingface dataset:
Intuitive and reflective inferences
Authors: Mercier Hugo , Sperber Dan 
Published: April 2012

AbstractThis chapter proposes a principled distinction between two types of inferences: ‘intuitive’ and ‘reflective’ (or reasoning proper). It grounds this distinction in a modular view of the human mind where metarepresentational modules play an important role in explaining the peculiarities of human psychological evolution. The chapter defends the hypothesis that the main function of reflective inference is to produce and evaluate arguments occurring in interpersonal communication rather than to help individual ratiocination. This function, it claims, helps explain important aspects of reasoning. The discussion reviews some of the existing evidence and argues that it gives support to this approach.
Dual-process models: A social psychological perspective
Authors: Smith Eliot R. , Collins Elizabeth C. 
Published: April 2012

AbstractThis chapter describes a few influential social-psychological dual-process models and gives an in-depth review of the integrative models. It compares the general characteristics of dual-process models in social psychology with similar models in other areas of psychology, and discusses implications of this comparison for several conceptual issues. Most important is social psychologists' large and productive research investment in implicit measures, which aims to tap the output of associative (System 1) processing in relatively direct ways, at least more directly than conventional self-report measures. Because of the important place held by prejudice, stereotypes, and other negatively regarded phenomena in the social-psychological dual-process literature, research attention has been devoted to the conditions under which implicit attitudes or associations can change. The multiple-roles idea – that a single factor such as the individual's current mood may influence processing in more than one way – also seems important for the dual-process literature more broadly.
The two systems of learning: An architectural perspective
Authors: Sun Ron , Lane Sean M. , Mathews Robert C. 
Published: April 2012

AbstractThis chapter deals with theoretical views and models that posit the existence of two systems of learning, and focuses on one particular theoretical model which emphasizes the representational difference between the two systems of learning. It discusses how such theoretical views/models may be developed into a coherent and generic computational cognitive model – that is, a ‘cognitive architecture’. The resulting computational model (CLARION) can account for a wide range of psychological data. To present these ideas, the first section of the chapter reviews historical thinking about the existence of two systems of learning. The second section explicates some details of two-systems learning models. The third section develops a cognitive architecture based on a two-system model. The fourth section discusses implications and comparisons. The fifth section of the chapter provides concluding remarks.
What zombies can't do: A social cognitive neuroscience approach to the irreducibility of reflective consciousness
Authors: Lieberman Matthew D. 
Published: April 2012

AbstractCould an individual act and speak just like other individuals without having any internal conscious experience? Belief in the possibility of so-called philosophical zombies serves as a litmus test for whether someone believes in some form of mind–body dualism or materialism. This chapter focuses on a related hypothesis that is emerging within psychology referred to as the psychological zombie hypothesis. This hypothesis suggests that our behaviors and judgements are produced by an ‘inner-zombie’ whose mental work does not depend on conscious awareness, and that those mental operations which are typically accompanied by conscious awareness do not rely on awareness to generate the operations and their outputs. This hypothesis suggests that mental operations which are typically accompanied by conscious awareness can be produced in the absence of conscious awareness, thus demonstrating the superfluousness of awareness.
In two minds about rationality?
Authors: Saunders Clare , Over David E. 
Published: April 2012

AbstractDual-process theory states that the mind contains two different types of mental processes or systems, but there is much disagreement about precisely what the two processes or systems are, and how they should be characterized and distinguished. This chapter follows those who refer to type 1 and type 2 mental processes. These are sometimes said to be in System 1 and System 2, respectively. The chapter uses Evans's taxonomy of type 1 processes as fast, automatic, high capacity, and low effort; and of type 2 processes as slow, controlled, limited capacity, and high effort, and as sequential and making use of working memory. It explores different accounts of the self and of rationality in order to understand the human mind.
Reason and intuition in the moral life: A dual-process account of moral justification
Authors: Saunders Leland F. 
Published: April 2012

AbstractThis chapter explores how morality can be rational if moral intuitions are resistant to rational reflection. There are two parts to this question. The normative problem is whether there is a model of moral justification which can show that morality is a rational enterprise given the facts of moral dumbfounding. Appealing to the model of reflective equilibrium for the rational justification of moral intuitions solves this problem. Reflective equilibrium views the rational justification of morality as a back-and-forth balancing between moral theory and moral intuition, and therefore does not require that individual moral intuitions be directly responsive to rational reflection. The psychological problem is whether human psychology actually implements the processes required for reflective equilibrium. The psychological problem is far more difficult, and requires appealing to a dual-process view of moral judgement that regards moral intuitions and moral theories as belonging to different mental systems.
The Law's Problems with the Governance of the European Market
Authors: Joerges Christian 
Published: April 2012

Abstract
This chapter begins by explaining the choice of the common theme of this volume, expounding the overall pattern, briefly sketching the various contents of the individual contributions, and indicating how they complement each other. The goal is to prepare the reader for the different dimensions of the common theme of the contributors, and for the divergent theoretical and methodological approaches that will come to the fore. It then identifies a series of overriding issues that are common to various contributions but that are approached in different ways. The subsequent chapters cover the following topics: European constitutionalism, Europeanization, and democratic theory.
Institutional Balance as Interest Representation: Some Reflections on Lenaerts and Verhoeven
Authors: Smismans Stijn 
Published: April 2012

Abstract
This chapter comments on the institutional balance formulated by Lenaerts and Verhoeven in the preceding chapter. Section I describes the ‘traditional’ interpretation of institutional balance to better distinguish the particular features of the definition provided by Lenaerts and Verhoeven, which could be called an ‘institutional balance of interest representation’. Section II discusses this ‘new reading’ of the institutional balance, which offers a potential normative tool to structure European governance. Section III argues that its potential can only be realized to the full if well-known territorial representation is complemented by narratives on functional representation.
Misfits: EU Law and the Transformation of European Governance
Authors: Dehousse Renaud 
Published: April 2012

Abstract
This chapter focuses on the relationship between European law and the functional needs of market integration of market governance. It begins by highlighting the main transformations occurring in European Union governance. It then demonstrates the growing gap between new patterns of governance and traditional legal analyses. This is done by focusing on three sets of issues: comitology; the powers that can be conferred on specialized European agencies and other bodies whose existence was not contemplated by the EC Treaty; and the role of scientific expertise. Finally, the chapter considers the discrepancy between legal perceptions and functional realities.
The Crisis of Indeterminacy: An ‘Equitable’ Law of ‘Deliberative’ European Market Administration?
Authors: Everson Michelle 
Published: April 2012

Abstract
This chapter treats two complex and interrelated themes within the administration of the European market. The first is the requirement that the normative structures of European market administration (or law) take steps to ensure that the market's dominant economic rationalities are subject to constant correction and modification in light of social and ethical values. The second is the issue of how the law of market administration can maintain its integrity when adjudicating upon conflicts between economic rationalities within Europe and the various ethical and social values that seek to challenge them.
The Juridification of Uncertainty: Observations on the Ambivalence of the Precautionary Principle within the EU and the WTO
Authors: Scott Joanne , Vos Ellen 
Published: April 2012

Abstract
Few legal concepts have achieved the notoriety of the precautionary principle. Praised by some, disparaged by others, the principle is deeply ambivalent and infinitely malleable. The principle has found its way from national (German) law to transnational law, and from statute book to high politics. This chapter explores the precautionary principle in the context of risk regulation, against a backdrop of integrating markets, and within a framework of multi-leveled, overlapping governance. It highlights the ambiguities inherent in the principle, both in terms of legal status and substantive application, and the tensions to which it gives rise in the legitimation of power.
Contrasting Prisoners' Rights
Authors: Lazarus Liora 
Published: April 2012

Abstract
This volume aims to provoke reflection on the English conception and treatment of prisoners' rights, through juxtaposition with the conception of prisoners' rights in Germany. First, the German and English understandings of prisoners' legal status are examined; secondly these understandings are placed against the background of broader social, political, and legal factors; and thirdly, the methodological problems of comparative law are addressed. English and German approaches to prisoners' rights present illuminating contrasts. In England, despite significant judicial activity in the development of a jurisprudence of prisoners' rights, protection of prisoners' rights remains partial and equivocal. Many aspects of prison life are left within the realm of executive discretion. This equivocal commitment to rights in England is juxtaposed with Germany's highly articulated rights culture and its ambitious system of prisoners' rights protection under the Prison Act 1976. The German Prison Act sets out foundational principles of prison administration, affords prisoners positive rights, defines the limitations of prisoners' constitutional rights, and provides prisoners with recourse to a Prison Court. Moreover, these rights and principles have been developed and refined in a substantial body of prison law jurisprudence over the last thirty years.
Reform Ideals and Political Compromise
Authors: Lazarus Liora 
Published: April 2012

Abstract
The groundbreaking decisions of the Federal Constitutional Court (FCC) in the 1970s were deeply embedded in the process of prison reform. There was a direct relationship between the FCC's interpretation of the Basic Law and the arguments of the prison reform movement. The political forces in play during the final stages of legislative drafting were also fundamental to the content of the Prison Act. This chapter examines the context in which prison reform ideals were shaped as well as the political and institutional imperatives that undercut their realization.
Penal Politics and Prison Law
Authors: Lazarus Liora 
Published: April 2012

Abstract
This chapter examines the shape, nature, and criminal justice context of prison law in England in light of German prison law. The legislative regimes of England and Germany reflect the different political, penal, and constitutional landscapes of each country. England places its greatest emphasis on mechanisms of political control, accountability, and oversight. The courts have no historically defined place within prison administration, and the statutory regime places the Home Secretary in a pivotal position in the determination of prison policy and prisoners' rights.
Prisoners and the Parliamentary Constitution
Authors: Lazarus Liora 
Published: April 2012

Abstract
This chapter highlights two important features distinguishing Germany and England: the differing weights of fundamental rights within contemporary constitutional culture and the divergent conception of the prisoners' fundamental rights status. In contrast to Germany's faith in fundamental rights and its systematic and comprehensive approach to fundamental rights protection, England experiences a cultural tension between an emergent rights culture and an established tradition of rights scepticism and respect for parliamentary sovereignty. The English and European conception of the prisoner's fundamental rights status also does not include any explicit articulation of the prisoner's administrative rights status or any positive conception of prisoners' rights.
The Jurisprudence of Prisoners' Rights
Authors: Lazarus Liora 
Published: April 2012

Abstract
This chapter examines the judicial development of prisoners' administrative rights in England. Viewed from a German perspective, judicial development of prisoners' administrative rights in England has been partial and uneven. Judges are tentative in their supervision of prison administration and concerned not to interfere in prison life. The judiciary resists developing rights, principles, and standards to guide the activities of those working inside prisons. Whilst walking the tightrope between judicial deference to Parliament and the protection of prisoners' rights, English judges have vacillated between a language of rights principles and a language of pragmatism and sovereignty.
Conclusion
Authors: Lazarus Liora 
Published: April 2012

Abstract
This chapter sums up the arguments presented in this book. Germany's prisoners' rights were formed in a political and legal culture shaped by constitutional rights, characterized by faith in fundamental rights, and dominated by rights rhetoric. In contrast, it is hard to find clear legal principles guiding the exercise of prison administration and defining prisoners' rights in English law. The statutory regime in England is concerned, not with the definition of prisoners' legal rights, but with clarifying lines of political control and accountability.
Strategies for Democratization and European Integration in the Balkans
Authors: Vachudova Milada Anna 
Published: April 2012

Abstract
This chapter explores how the EU has worked to anchor the seven Balkan states into the process of European integration. Since 1999, the clear prospect of EU membership has provided a relatively constant set of incentives for elites to pursue strategies of regional peace-building, ethnic tolerance, and economic reform. Before 1999, this prospect was much less clear — and the logic of qualifying for membership certainly failed to overpower domestic forces with very different political agendas in Croatia or Serbia. The prospect of eventual EU membership failed to motivate leaders in many Balkan states to follow a path of reform compatible with joining the EU as rapidly as possible. But it did not fail to motivate all of them.
Standards of Review in WTO Dispute Resolution
Authors: Oesch Matthias 
Published: April 2012

AbstractThis volume is a unique study on the highly controversial issue of standard of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can override the decisions taken by national authorities. As such they play a crucial role in shaping the balance of power and responsibility for decisions on factual and legal issues. In recent years they have gained unprecedented political and systemic significance in WTO panel proceedings. To what extent should panels and the Appellate Body review policy determinations of national or regional authorities of WTO members, both in terms of facts and law? Should they be guided by a policy of judicial restraint or should they review domestic measures de novo? This volume first addresses the tense relationship between international interdependence and national sovereignty against which WTO dispute settlement takes place. It then examines the notion of standards of review as one of the crucial elements in shaping the balance of power and responsibility for decisions on factual and legal issues. The current state of law and practice, which has emerged through panel and Appellate Body reports, is analysed and critically assessed in a commentary on the evolution of, and inconsistencies amongst, the relevant cases. This book contributes to the clarification of basic issues of global Constitutionalism and the interface between domestic and international law.
The Functions of Standards of Review
Authors: Oesch Matthias 
Published: April 2012

AbstractThis chapter is dedicated to the functions of standards of review in the WTO context. Section I outlines in general the primary function of standards of review as a tool for the allocation of power. Sections II and III elaborate in particular on the allocation of power between panels, on the one hand, and WTO members or special bodies within the institutional framework of the WTO, on the other hand. The implications of these tense relationships for the issue of standard of review are analyzed.
Standards of Review in the WTO Legal Texts
Authors: Oesch Matthias 
Published: April 2012

AbstractThe Uruguay Round negotiations left the question of standard of review open. The negotiators did not succeed in reaching an agreement on a clearly defined standard of review generally applicable to all covered agreements. Notwithstanding this, some provisions in the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), most prominently Articles 3.2 and 11, bear the potential for describing the parameters for panel jurisdiction and thus touch upon the notion of standard of review. This chapter is organized as follows. Sections I and II examine the meaning of these provisions. The Anti-Dumping (AD) Agreement is the only agreement for which a particular standard of review could have been adopted. Section III analyzes the meaning of Article 17.6 of the AD Agreement. The very existence of Article 17.6, and its deferential language, may allow conclusions to be drawn as to the appropriate standards of review outside the AD Agreement. Thus, Section IV is dedicated to an analysis of the relationship between Article 11 of the DSU and Article 17.6 of the AD Agreement.
‘Raw’ Evidence and Factual Conclusions
Authors: Oesch Matthias 
Published: April 2012

AbstractThis chapter turns to the standards of review of facts as such. The standards which panels and the Appellate Body have so far deemed appropriate towards factual findings are analysed. Section I turns to standards of review of the ‘raw’ evidence. Section II assesses the case law concerning standards of review applied towards factual conclusions drawn from the ‘raw’ evidence.
Miscellaneous Matters
Authors: Oesch Matthias 
Published: April 2012

AbstractThis chapter considers three distinct matters which are informative for the determination of the appropriate standards of review of facts. Section I examines the question whether the characteristics of the lower instance which dealt with a contested measure prior to a WTO panel may influence the approach of panels towards the factual record. Section II analyzes the role of the Appellate Body in the process of fact-finding. The famous Article 17.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) limits an appeal to ‘issues of law covered in the panel report and legal interpretations developed by the panel’. Thus, the Appellate Body does not seem empowered actively to review, and if necessary remedy, a panel's assessment of the facts. Section III considers the issue of burden of proof, and its relationship to and distinction from the notion of standard of review.
WTO Law
Authors: Oesch Matthias 
Published: April 2012

AbstractThis chapter analyses the relevant case law with regard to the standard of review relating to WTO law. Sections I and II examine panel and Appellate Body practice pursuant to Article 11 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and Article 17.6(ii) of the AD Agreement, respectively. Since the issue of standard of review is closely related to the method of treaty interpretation, the latter is also briefly considered in Section III. Finally, in the course of an excursus, Section IV looks at the sources of guidance which panels and the Appellate Body have been looking at in order to be adequately informed on the correct interpretation of WTO law.
International Law
Authors: Oesch Matthias 
Published: April 2012

AbstractThis chapter deals with the issue of standard of review relating to international law. The crucial question is to what extent and with what intensity a panel should review the interpretation of international legal instruments and, if not convinced, come up with its own interpretative conclusion. Section I turns to the panels' and the Appellate Body's general competence to examine matters which turn on the correct interpretation and application of international law other than WTO law. For methodological purposes, it seems advisable to categorize the various legal sources stemming from the wide and heterogeneous body of international law. Each of the categories of international law is then examined as to the standards of review applied by panels and the Appellate Body so far. This is done in Sections II to IV. Finally, Section V summarizes the practice and critically assesses it in the light of general standard- of-review principles.
‘The Public Interest’ in Regulation
Authors: Feintuck Mike 
Published: April 2012

Abstract
The concept of ‘the public interest’ is often used in legal and political discourse, lending an air of legitimacy and respectability to exercises of power. However, the term is rarely defined in any meaningful sense. Even where it has the appearance of a term of art in legal or regulatory usage, it may, in reality be no more than an empty vessel, waiting to be filled with whatever values the user wishes. This lack of definition renders the concept vulnerable to capture by interest groups, quite contrary to the collective values that the term seems to imply. This book considers whether these problems with the concept's current usage are inevitable and inherent, or whether it is possible to reinvigorate it. It begins by considering a variety of abstract concepts of public interest from the literature of law, political science, and economics. This exploration suggests a close relationship between a meaningful model of public interest and central democratic values such as citizenship. However, the dominant models fail to reflect these expectations satisfactorily. Using a series of case studies of current regulatory activity in Britain and the United States, the book then goes on to explore how the concept is used in practice. Finally, the actual and potential utility of the concept of public interest is evaluated. The book then considers the legal forms in which the public interest might be manifested in order to offer legitimate and effective protection to vulnerable democratic values by the regulation of private power.