bluuebunny/crossref_metadata_2025_split huggingface dataset:
3 Between Postsecular Society and the Neutral State
Authors: Junker‐Kenny Maureen 
Published: September 2009

Abstract
This chapter compares John Rawls's and Jürgen Habermas's concepts of ‘public reason’ in their starting points and methods as the framework for the role accorded to religious convictions within democratic opinion- and will-formation. Differences identified as crucial for the place of comprehensive doctrines are: the understanding of the tasks imposed by pluralism; the status and scope accorded to morality; autonomy as the normative basis of democracy; the public/private distinction; the relationship between reason and consensus; and the hermeneutical or critical function of philosophy. Habermas's new move to accept religious contributions to public reason is based on his understanding of democracy as a learning project and on his appreciation of their motivating and critical potential over against the pathologies of liberal societies. His demand for mutual ‘translation’ between secular and religious fellow-citizens is evaluated theologically. It needs to be developed to encompass the relations between reason, revelation, and inculturation, as well as practical reason and its hope for the highest good, to allow for the creativity of new cultural syntheses.
4 Translation, Conversation, or Hospitality?
Authors: Bretherton Luke 
Published: September 2009

Abstract
Within Western liberal democracies a variety of answers are given to the question of how, within a polity wherein a plurality of different visions of the good life coexist, some form of common life is to be forged. This chapter outlines three of these answers and situates them within wider philosophical and theological debates about the role of religious reasons in public political deliberation. The first approach assessed is the translation model. The work of John Rawls is assessed as a paradigmatic example of such an approach. An alternative to the translation model is the conversation model. The emphasis in this model is on the attempt to take seriously the actual beliefs and practices of particular traditions as the basis for common deliberation. The work of Jeffrey Stout and Alasdair MacIntyre are discussed as examples of this approach. It is argued that they attempt to develop an account of how diverse and incommensurable moral traditions can deliberate about common action without having to find some agnostic or neutral language into which all ‘thick’ language must be translated. The third approach outlined is the hospitality model. While there is much overlap with the conversation model, the hospitality model represents a specifically Christian theological approach to determining common action between diverse traditions. Like the conversation model, the hospitality model seeks to give an account of how different traditions can engage directly with each other. But its emphasis is on common public action, rather than conversation or dialogue. The article ends with a comparative analysis of all three models.
5 Messianic Ethics and Diaspora Communities
Authors: Kroeker P. Travis 
Published: September 2009

Abstract
This chapter argues that most forms of political liberalism — including those of theorists such as Jeffrey Stout who are receptive to the consideration of religious reasons and theological ethical contributions in a secular democracy — prohibit serious discussion of the religious cosmologies underlying religious ethical discourse. In particular, it is argued that secular state sovereignty rooted in Hobbesian political theory effectively eliminates all forms of messianic political theology from public consideration. The chapter goes on to argue that a messianic ethics engages secular pluralism critically in a public stance that is neither accommodationist nor separatist, but ‘diasporic’. It acts ethically from a ‘weak Messianic’ power (Benjamin) exercised not through the coercive enforcement of political ideals but in quotidian acts of community service that build up the well-being of the saeculum from below.
6 Christian Hope and Public Reason
Authors: Gascoigne Robert 
Published: September 2009

Abstract
This chapter is concerned with the relationship between Christian hope and public reason, especially as articulated in John Rawls's essay ‘The Idea of Public Reason Revisited’. With reference to Matthew 25, it argues that Christian hope goes beyond history, but that Christian love is expressed within history and that this tension can be the source of a specifically Christian service to democratic societies. Hope is crucial to the ethical life of democratic societies in three particular ways: it inspires a discernment of human capacities which evokes moral virtue; maintains a conviction of the openness of the future to human striving; and teaches a certain detachment from the fruits of that striving. The chapter considers how Christian hope can serve this public political hope while at the same time maintaining a distinctively Christian identity, focussing on the use of the religious language of hope by Christians in the public political forum.
7 Not Translation, but Conversation
Authors: Biggar Nigel 
Published: September 2009

Abstract
This chapter opposes the secularist view that religious or theological speech should be banned from public discourse or translated into publicly accessible language. First, it presents an argument against the legalization of voluntary euthanasia and physician-assisted suicide, which, it claims, is at once thoroughly theological and publicly accessible. This involves critical reflection on what it means to be ‘thoroughly theological’ and ‘publicly accessible’. Next, against this understanding of a theological argument the chapter proceeds to assess the relevant theories of Jürgen Habermas, John Rawls, and Jeffrey Stout. This assessment analyzes the variety of things that ‘public reason’ can mean, and it explains why the requirement that theological speech be translated into secular discourse is wrong. Finally, the chapter concludes that Stout's model of candid public conversation is implicit in the unofficial late Rawls, and is more satisfactory than the model of translation espoused even by the recent, religion-friendlier Habermas.
8 Religious Education and Democratic Character
Authors: Weithman Paul 
Published: September 2009

Abstract
This chapter attempts to identify the grounds of reservations that theorists of democratic education have about religious schools. It argues that those reservations arise from commitment to a certain conception of democracy, here called ‘strong deliberativism’. It then locates the grounds of the reservations in the requirements of a ‘deliberatively democratic character’, the set of dispositions good citizens must have if they are to govern themselves well on the basis of democratic deliberation. The chapter argues that some of the requirements of strong deliberativism are misconceived, and that religious schools can contribute to education for democracy.
9 Religion and Public Reason in the Global Politics of Human Rights
Authors: Hogan Linda 
Published: September 2009

Abstract
This chapter transposes the debate about the role of public reason onto the international plane, suggesting that since matters of basic justice and constitutional essentials are increasingly determined at a global level, the question of how agreement on such matters should be sought must also be considered in global terms. It argues that public reason is not sufficient to this task, suggesting that a global conversation must be pursued in a manner that recognises the manifold commitments that individuals and communities have. It further suggests that recent developments in human rights discourse means that it may be capable of generating a variegated and nuanced consensus on matters of basic justice and constitutional essentials in the global public square, and as such is worth supporting.
10 The Public Presence of Religion in England
Authors: Sedgwick Peter 
Published: September 2009

Abstract
This chapter presents a discussion of Rawls' argument that ‘public reason’ expressed in the legislature should exclude explicitly religious voices. There is religion participation in England in the legislature, through the membership of some of the bishops of the Church of England in the House of Lords, as Lords Spiritual. The chapter examines the discourse of these religious leaders, both against the argument that such discourse will invalidate the nature of public reason, and against the charge that such discourse will be theologically weak. A case study is presented of two bishops who were active in public policy debates. Finally, the speeches of Rowan Williams, who is both a distinguished theologian and Archbishop of Canterbury, throw a different light on the concerns of Rawls. Williams' contribution is not made principally in the legislature, but in the ‘background culture’.
12 Islam and the Secularized Nation
Authors: Cesari Jocelyne 
Published: September 2009

Abstract
This chapter compares the variety of relationships between Islamic communities in Europe and in the United States. In particular, it displays the variety of forms that the ‘establishment’ of religion in European countries takes, tracks the ‘secularization’ of Islamic organizations, observes the emerging public face of American Islam, and argues that the presence of Muslims in the West has weakened secularist ideology and contributed to the decline of the Modernist narrative.
Conclusion
Authors: Biggar Nigel 
Published: September 2009

Abstract
This chapter develops reflections on a selection of important questions, which have been raised in the body of the book, which are: How best may we interpret Rawls and Habermas? How does real conversation proceed? To what extent does communication between ideological strangers involve ‘translation’? What is a religious argument? How should we conceive ‘the secular’? Can the state's establishment of religion ever be liberal? And what does all this imply for current negotiations between Islam and the liberal West?
The Order of Writing
Authors: Glasner Ruth 
Published: September 2009

Abstract
Averroes wrote three commentaries on the Physics and revised all three. Therefore a diachronic study is absolutely essential. It is usually assumed that Averroes' commentaries in general were written in the ‘natural’ order: first the short, then the middle, and finally the long commentary. Recently, however, this assumption was challenged by Alfred Ivry, arguing that the long commentary on De anima was written before the long commentary. This brief chapter adduces evidence to show that the commentaries on the Physics were written in the natural order, and throws some light also on the case of De anima.
Versions and Revisions
Authors: Glasner Ruth 
Published: September 2009

Abstract
Chapter 4 shows that all three commentaries on the underline Physics were massively revised by Averroes himself. The differences between the manuscripts of the short commentary have been studied by Puig Montada who published a critical edition of this text. The different versions of the middle commentary are found by comparison of the two Hebrew translations of this text. The different versions of the long commentary are revealed by comparison of the Latin and Hebrew translations of this text. The long is the most heavily revised of the three commentaries on the underline Physics and possibly in the whole corpus of Averroes' commentaries.
The Late Stratum of the Long Commentary
Authors: Glasner Ruth 
Published: September 2009

Abstract
The late stratum of the long commentary consists of edited or rewritten passages. Characteristic of the late stratum are: (1) a particular interest in the work of Alexander of Aphrodisias, (2) a formal approach that is manifest in the abundance of logical comments and in attempts to present some of Aristotle's arguments in syllogistic form, (3) the writing of formal introduction, following the late Greek tradition that developed in the school of Alexandria.
The Turning Point of PhysicsVIII: The Breakdown of Determinism
Authors: Glasner Ruth 
Published: September 2009

Abstract
Physics VIII starts with the succession argument: before any motion there must underline have been a previous motion or change. Averroes was intensively occupied by this argument, and its possible deterministic implications. He kept coming back to it, and during the years radically changed his interpretation of it. His agenda was to establish indeterminism as a scientific doctrine based on a firm Aristotelian foundation. He attempts a new interpretation of the succession argument that can support an indeterministic philosophy.
The Turning Point of PhysicsVII: The Breakdown of Physical Body
Authors: Glasner Ruth 
Published: September 2009

Abstract
A theory of underline minima naturalia denies infinite divisibility to a physical body: there is a lower limit to the size of a physical body, beyond which it cannot be further subdivided and still retain its identity as this specific physical body. According to the commonly accepted narrative this theory was developed by Scholastic scholars on the basis of some hints found in Aristotle. The two pioneer students of Scholastic science, Pierre Duhem and Anneliese Maier, did not assign to Averroes any role in the development of this theory. Chapter III shows that Averroes not only “anticipated” the Scholastic theory of underline minima naturalia, but actually developed a complete and coherent theory of his own. Furthermore, his theory is more than a theory of underline minima naturalia: it is a theory of actual parts, i.e. a corpuscular theory, which goes far beyond the vague beginnings in Aristotle.
The Tension between Uniformity and Diversity
Authors: Pérez Aida Torres 
Published: September 2009

Abstract
The tensions between uniformity and diversity regarding the meaning of fundamental rights are endemic to any system in which political power is allocated among multiple spheres. In the U.S., there is a vast literature converging on federalism and rights, which may well provide valuable insights for EU dilemmas. The core of this chapter is devoted to discussing the arguments underpinning state diversity and supranational uniformity regarding fundamental rights' interpretation. In many cases, the arguments for state diversity do not go beyond state sovereignty, which is no longer adequate given the EU political structure. At the same time, the virtues of supranational uniformity tend to be assumed without questioning the reasons underpinning this claim. Reaching to the conclusion, it is sustained that the ECJ should not impose uniformity for its own sake. The values underlying state autonomy justify accommodating certain degree of diversity through deference to state courts.
Judicial Dialogue as the Source of Legitimacy of Supranational Adjudication
Authors: Pérez Aida Torres 
Published: September 2009

Abstract
This chapter spells out the proposed theory of supranational adjudication in the EU. In the EU academic literature, the term dialogue and a variety of close notions are commonly employed. As such, the words' specific definitions and connotations have become muddled. The chapter seeks to demonstrate that dialogue may provide the conceptual model for ECJ's legitimacy in adjudicating fundamental rights. Dialogue among national and supranational courts — understood as argumentative communication based on the exchange of reasons — furthers better-reasoned outcomes for the community as a whole. Also, dialogue enhances participation in the interpretive process. Additionally, dialogue benefits the building of a common identity; and ultimately, this is the most consistent form of interaction within a pluralist framework. Each of these arguments is developed. The chapter explores the prerequisites that need to be fulfilled for dialogue to develop with the capacity to ground ECJ's normative authority. Lastly, the objections to judicial dialogue are examined and responded to.
Comparative Constitutional Reasoning: Recasting its Justification and Operation
Authors: Pérez Aida Torres 
Published: September 2009

Abstract
This chapter analyzes the implications of judicial dialogue for the mode of judicial reasoning in interpreting fundamental rights. In particular, it explores the comparative method and judicial self-restraint as mechanisms contributing to ECJ's authority-building. These mechanisms have been highly contested in the literature. First, the chapter articulates a normative justification of the comparative method for giving meaning to EU fundamental rights. In addition, it expands on how the ECJ should operationalize this method, eschewing lowest and highest standard approaches. The comparative method should be aimed at better understanding the values informing the meanings attributed to fundamental rights across the states. This inter-state comparison would help to strengthen common understandings, while fostering an in-depth appraisal of pervasive particularities. Thereafter, ECJ's deference to state courts allowing for diversity in rights interpretation are explored.
ICSID ANNULMENT DECISIONS: THREE GENERATIONS REVISITED
Authors: Marboe Irmgard 
Published: September 2009

AbstractThis chapter examines ICSID annulment decisions after 2002 along the lines of the ‘three generation’ classification, Professor Schreuer's examination scheme, and the organization of claims. The analysis of recent ICSID annulment decisions has shown that the majority of them can be classified as appertaining to Professor Schreuer's ‘third generation’ of ICSID annulment proceedings. Explicitly or implicitly referring to this concept, they have shown a very cautious approach. They have made it repeatedly clear that annulment must be distinguished from appeal and that an ad hoc committee may not analyse the merits of the case or substitute its own determination for that of the tribunal.
CHANGED CIRCUMSTANCES IN INVESTMENT LAW: INTERFACES BETWEEN THE LAW OF TREATIES AND THE LAW OF STATE RESPONSIBILITY WITH A SPECIAL FOCUS ON THE ARGENTINE CRISIS
Authors: Binder Christina 
Published: September 2009

AbstractThis chapter focuses on changed circumstances in investment law with a special focus on necessity. Section B first deals with the diverging findings of the different investment tribunals with respect to Argentina's necessity defence. After a brief description of the factual background and of the relevant standards under treaty law and the customary law of State responsibility, the tribunals' decisions will be discussed and a categorization of their approaches attempted. Section C analyzes the different approaches from a broader international law perspective. It is argued that the ‘separation/two-step approach’ which was adopted by the CMS Annulment Committee and the UNCITRAL tribunal is the one most in line with general international law.
COMMERCIAL ARBITRATION AND INVESTMENT ARBITRATION: FERTILE SOIL FOR FALSE FRIENDS?
Authors: Cordero Moss Giuditta 
Published: September 2009

AbstractThis chapter illustrates the risk of false friends in international arbitration by looking at one example of transplant from public international law into commercial law, and one from commercial arbitration into investment arbitration. The purpose of this exercise is to draw attention to how investment arbitration and commercial arbitration, in spite of clear parallels between the two, cannot be considered as fully corresponding to each other and cannot always automatically be used as a source for each other.
Introduction
Authors: Cavill P. R. 
Published: September 2009

Abstract
The Introduction begins by setting the historiographical scene. It shows how ‘Whig’ history presented parliament as a cowed and quiescent assembly, marginalized under the ‘new monarchy’ of Edward IV and Henry VII. Discussing more recent interpretations, the Introduction explains why the reign's position at the frontier between medieval historiography and early modern historiography is significant in shaping accounts. Next the sources available for this study are examined, and their comparative paucity emphasized. It is argued that this lack of evidence accounts to a large degree for prior interpretations of parliament in this period. The Introduction then provides a brief chronological survey of the seven parliaments that met between 1485 and 1504 in the context of the principal events of Henry's reign.
The Wider Realm
Authors: Cavill P. R. 
Published: September 2009

Abstract
Chapter 6 considers how decisions taken in parliament affected everyday life. It first discusses the publicizing of statute law examining the roles of proclamations and of statute books, and the rise of printing is addressed. Next it discusses the interaction between national legislation and local regulations, exploring the reception of statute law in local courts through jury presentments and borough ordinances. Then tax collection is discussed as a central means by which parliament impinged upon the lives of ordinary people. The efficiency of tax collection is considered. The popular protests that demands for taxation sometimes provoked are also analysed. Particular attention is paid to the Yorkshire rising of 1489 and to the Western rebellion of 1497.
Conclusion
Authors: Cavill P. R. 
Published: September 2009

Abstract
The Conclusion briefly restates the themes of the study. It highlights the range of business transacted in parliament, the vigour with which it was debated, and its impact on elite and non-elite subjects. Therefore it presents parliament as an effective point of contact, both for the crown and for its subjects. Rejecting Whig history, the Conclusion emphasizes the degree to which the new monarchy consolidated the standing of parliament. Lastly, it stresses the significance of this period in establishing the groundwork for the break with Rome and for parliamentary supremacy.
massXpert 2: a cross-platform software environment for polymer chemistry modelling and simulation/analysis of mass spectrometric data
Authors: Rusconi Filippo 
Published: September 2009

Abstract
Summary: Since the middle of the 90s, mass spectrometry has evolved into an almost indispensable tool in structural studies on an ever-growing variety of (bio-)polymers, of which proteins, sugars and nucleic acids are the most prominent. Since the first public release of massXpert, the advances of mass spectrometry have motivated continuous and thorough maintenance of that software, in the form of two full software rewrites, culminating with massXpert 2, which we describe in this report. We shall describe the profound changes in massXpert that were performed so as to keep up with the technical advances in mass spectrometry since a decade.
Availability: The massXpert 2 software is an open source and free software project hosted at http://www.massxpert.org.
Contact: rusconi@mnhn.fr
Supplementary information: Supplementary data are available at Bioinformatics online.
Corporate Social Responsibility Theories
Authors: Melé Domènec 
Published: September 2009

Abstract
This article follows the study of Garriga and Melé (2004), which distinguishes four groups of corporate social responsibility theories, considering their respective focus on four different aspects of the social reality: economics, politics, social integration, and ethics. The first one focuses on economics. Here the corporation is seen as a mere instrument for wealth creation. The second group focuses on the social power of the corporation and its responsibility in the political arena associated with its power. The third group focuses on social integration. It includes theories which consider that business ought to integrate. In describing each theory, this article commences with an overview, followed by a brief historical background, including the milestones of its development. Then, it outlines the conceptual bases of the theory, concluding with a brief discussion on the strengths and weaknesses of each theory.