bluuebunny/crossref_metadata_2025_split huggingface dataset:
Responsibility, Citizenship, and Criminal Law
Authors: Duff RA 
Published: May 2011

Abstract
This chapter starts with a claim about a central, distinctive purpose of criminal law — one that helps distinguish criminal law from other modes of legal regulation. It argues that a distinctive and proper purpose of our criminal law has to do with accountability and the attribution of responsibility. Section 2 discusses the kind of community that our criminal law — criminal law of a kind apt for a liberal republic — requires, and argues that in the context of the domestic criminal law of nation states (still the salient paradigm of criminal law) it is the community of citizens. Anyone who gives citizenship this central significance faces a range of objections, to the effect that such a conception of criminal law cannot do justice to transnational criminal law, to the status of non-citizens who are either permanent residents of or temporary visitors, or to the status of citizens who may find themselves excluded from full membership of the polity; that it fosters a dangerous distinction between an exclusive group of ‘citizens’, who are full members of the polity and receive all the protections that the criminal law offers both victims and off enders, and a wider group of outsiders, of actual or potential ‘enemies’, to whom such membership and protection are denied. Such objections are addressed in Section 3, and it is argued that although the concept of citizenship can be given this unacceptably exclusionary significance, we need not do so: we can and should retrieve a more inclusionary conception of liberal citizenship that can structure a normatively plausible picture of criminal law.
Intention as a Marker of Moral Culpability and Legal Punishability
Authors: Moore Michael S 
Published: May 2011

Abstract
This chapter examines the role that intention plays in defining the most serious forms of criminality. It argues that the criminal law as it now exists presupposes what is essentially a ‘folk psychology’ of intention, and proposes as an alternative a more nuanced and complex conception of intention that would take into account recent developments in philosophy of mind, cognitive science, and moral psychology.
Wrongdoing and Motivation
Authors: Tadros Victor 
Published: May 2011

Abstract
This chapter defends the view that motivation plays a more direct role in determining what is wrong than as this view suggests. This idea helps us to clarify the structure of wrongdoing and also to understand one way in which morality and criminal law come apart. An act can be wrong in virtue of the motivation with which it was done. But, for various reasons, we have good reason not to criminalize all action that is wrong. Sometimes we will wish to tolerate wrongful action because of its desirable consequences.
Just Prevention: Preventive Rationales and the Limits of the Criminal Law
Authors: Ashworth Andrew , Zedner Lucia 
Published: May 2011

Abstract
This chapter examines the ways in which the law criminalizes the creation of risks of harm, and offers a catalogue of various kinds of criminal offence that are primarily concerned with preventing the creation of risk. It also highlights the protections that the criminal law provides, through the criminal process, for those suspected of creating risks, and the ways in which such protections are undermined by the use of ‘civil preventive orders’ that effectively bypass the criminal law.
The Ontological Problem of ‘Risk’ and ‘Endangerment’ in Criminal Law
Authors: Westen Peter 
Published: May 2011

Abstract
This chapter focuses on offences that punish offenders who engage in risky behaviour that never in fact causes any harm. It argues that the problem of punishing actors for risks that in some sense do not exist must be solved not by thinking of risk as a form of probability — that is, the factual likelihood of harm — but rather in terms of counterfactual events that a judge or jury fear could have occurred and, had they done so, would have produced the same kind of harm that the offence at issue is designed to prevent. The chapter proceeds by firstly, locating offences within the larger taxonomy of crimes of risk creation; secondly, summarizing conventional understandings of risk as probability; thirdly, explaining why probability fails to account for most crimes of explicit endangerment; fourthly, proposing an alternative, non-probabilistic understanding derived from the defence of impossibility; and, lastly, suggesting that the alternative understanding may also resolve a nagging problem regarding what Duff calls crimes of ‘implicit endangerment’, that is, offences that, rather than making explicit reference to ‘risks’ or ‘dangers’, consist of conduct that legislatures regard as sufficiently risky to justify categorical prohibition (for example, failing to come to a full stop at a stop sign).
The De Minimis ‘Defence’ to Criminal Liability
Authors: Husak Douglas 
Published: May 2011

Abstract
This chapter examines a de minimis ‘defence’ to criminal liability. The aim is to establish that careful thought about de minimis helps to shed light on such central and fundamental topics as criminalization, the rule of law and the parameters of discretion, the relationship between morality and law, the structure of wrongdoing, the contrast between offences and defences, the concepts of justification and excuse, and even the nature of retributive justice itself.
Just Deserts in Unjust Societies
Authors: Green Stuart P 
Published: May 2011

Abstract
This chapter focuses on the problem of imposing criminal liability on offenders who are themselves victims of serious economic, social, or political injustice. It argues that the extent to which such offenders deserve to be punished will vary from case to case, depending on the type of crime the offender has committed, the type of deprivation to which he has been subjected, and the circumstances of the crime victim.
The Substance-Procedure Relationship in Criminal Law
Authors: Dripps Donald A 
Published: May 2011

Abstract
This chapter takes on the relationship between substance and procedure in criminal law, arguing that it must be explained with reference to competing conceptions of underlying political and moral theory. Particularly concerned with the ways in which a system of criminal procedure is meant to implement the goals of substantive criminal law, it offers three models — rationalism, pluralism, and reductionism — and explores the extent to which they should be viewed as mutually compatible or incompatible.
Piercing Sovereignty: A Rationale for International Jurisdiction Over Crimes that do not Cross International Borders
Authors: Wellman Christopher Heath 
Published: May 2011

Abstract
The establishment of the Rome Statute of the International Criminal Court (ICC) — the first permanent international criminal court designed to help end the global culture of impunity — has rightly been welcomed as a landmark achievement. But while the creation of a court to prosecute those accused of genocide, crimes against humanity, war crimes, and aggression should be hailed as an enormous political accomplishment, it has also exposed a glaring theoretical lacuna. Put simply, the construction of international criminal law in general, and the ICC in particular, has revealed that philosophers of law, international lawyers, and political theorists have yet to provide anything like a satisfactory moral justification for a supranational legal system with the power and moral authority to pierce the sovereignty of existing states. This chapter invokes a rights forfeiture justification for punishment in order to build a compelling defence of state punishment, which, in turn, will pave the way toward a theoretically sound and practically informative rationale for international jurisdiction over crimes that do not cross international borders. If successful, this theory would not only furnish a much-needed moral justification for international criminal law, it would provide guidance to political leaders and international lawyers as they continue to develop and expand the ICC.
Introduction
Authors: Truswell Robert 
Published: May 2011

AbstractThis chapter introduces the reader to the semantic and syntactic structures to be elaborated in subsequent chapters. It describes the basic problem of recognizing perceptual and cognitive units, and the relations among them. It then gives a brief history of the development of syntactic locality theory, with particular reference to constraints restricting extraction from adjuncts. The two major current positions, that adjuncts are strong islands or weak islands, are shown to be too restrictive and too permissive, respectively. Furthermore, four puzzles are introduced which suggest that patterns of extraction from adjuncts are at odds with the patterns described by typical locality constraints. The chapter ends by suggesting that the Single Event Condition, a constraint stated over events as perceptual and linguistic units, may usefully supplement locality theory in this area.
The Variable Size of Events
Authors: Truswell Robert 
Published: May 2011

AbstractThis chapter describes the structure of core events. Core events are discrete perceptual units carved out of the continuous flow of happenings in the real world. A core event consists of two optional subevents related by direct causation: a temporally extended, unbounded process, and a culmination, or instant of change. Neither discrete events nor direct causal relations are inherent in the happenings the chapter perceives. Instead, they arise through a pragmatic process of coarse-graining. This chapter also introduces Fodor's Generalization, that a single verb phrase describes a single event. This gives a heuristic linguistic test for when two subevents can form a macroevent: if two subevents related by a relation R can be described by a single verb phrase, then that relation must be sufficient for those two subevents to form a single macroevent. Such relations are called contingent relations.
Single Events from Multiple Verb Phrases and the Role of Agentivity
Authors: Truswell Robert 
Published: May 2011

AbstractThis chapter introduces the second contingent relation, enablement. Enablement is a relation holding between an agent and a set of events corresponding to the agent's plan. Subevents related by enablement can be described by a single verb phrase, the phenomenon which Talmy refers to as windowing of attention. Enablement relations induce referential opacity, and therefore cannot be described in extensional, force-dynamic terms. Event structures containing enablement relations (extended events) can be arbitrarily large, in contrast to the very low upper bound on the size of core events. Given that enablement relations require an agent, the chapter derives a correlation between agentivity and event size. This correlation explains patterns of acceptability of the progressive with accomplishments and achievements. Also the chapter adopts the null hypothesis that single-event descriptions can span multiple VPs, and considers a second, partially independent, class of noncontingent, temporal relations among events.
Extraction from Complement Clauses and the Effect of Tense
Authors: Truswell Robert 
Published: May 2011

AbstractPatterns of binding of the event variable suggest an explanation for the ungrammaticality of extraction from tensed adjuncts: the event variable is bound below Tense, so macroevent formation across Tense is impossible. This raises questions concerning extraction from tensed complement clauses. The referential opacity of bridge verbs means that the existence of only one event is implied by bridge verb constructions, while two events are implied by tensed adjunct constructions. This analysis requires that the Single Event Grouping Condition be checked cyclically. Section 7.5 returns to the CED, and shows that, although extraction from subjects and from adjuncts is quite unremarkable, the two do not pattern crosslinguistically or language-internally. In particular, the Single Event Grouping Condition has little effect on independently very restricted patterns of extraction from subjects in English. This suggests that a nonunified account of CED effects should be pursued.
Architectural Issues
Authors: Truswell Robert 
Published: May 2011

AbstractA locality condition stated in terms of events raises questions concerning modularity. Why can a syntactic condition be constrained by semantic factors. Attempts to syntacticize the Single Event Grouping Condition by mapping aspects of event structure into syntax are rejected. Instead, the semantic influence on syntactic operations is related to evidence that semantic factors locally influence incremental syntactic processing. We end with a brief sketch of an implementation in Gibson's Dependency Locality Theory. This theory measures locality in terms of discourse referents, and so penalizes the proliferation of discourse referents such as events. Although only an outline is provided, this approach has instant empirical benefits, and promises to provide a principled explanation for the apparent nonmodularity of the Single Event Grouping Condition.
Conclusion
Authors: Truswell Robert 
Published: May 2011

AbstractThis chapter concludes by returning to the four puzzles introduced in Chapter 1. These puzzles continue to look outlandish from the perspective of syntactic locality theory, but have found straightforward explanations in terms of the interface-based locality theory developed here. The conclusion stresses that this is as expected on one conception of minimalism: a stripped-down syntactic architecture places heavier explanatory burdens on the interfaces with other cognitive systems. The greater the independence of these other cognitive systems from narrow syntax, the smaller, and more minimal, syntax can be.
Nonlinear models in economic theory
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J. 
Published: May 2011

AbstractThis chapter contains a number of examples of families of nonlinear models in economic theory. These include disequilibrium models that have been applied to modelling markets with rationing or sticky prices, and various labour market models that generate nonlinearities in employment or unemployment. Modelling exchange rates fluctuating within boundaries set by the central bank that define the so‐called target zone of the exchange rate is also discussed. Production theory, in which nonlinear models are common, constitutes the last example. For all of these four areas, examples of application of these models to time series or cross‐section data are described.
The nonparametric approach
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J. 
Published: May 2011

AbstractIn linear modelling nonparametric quantities such as the autocorrelation and spectrum are important. In this chapter the limitations of these concepts in a nonlinear context are highlighted, and it is shown that the conditional mean and the conditional variance can be more useful. The difference between local and global dependence is described. The copula (a global dependence measure) as well as a new local dependence measure are mentioned.
Testing linearity against parametric alternatives
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J. 
Published: May 2011

AbstractThe topic of this chapter is testing linearity of a model when the alternative is a parametric nonlinear model nesting a linear model. The case leading to standard asymptotic inference is discussed first. This is followed by a characterization of the identification problem present in many of these testing situations. Different ways of solving the identification problem are considered and their merits and disadvantages discussed. The chapter also covers tests designed for situations in which no well‐specified alternative to the linear model in question is available. Finally, there is a discussion of the concept asymptotic relative efficiency that is helpful in comparing power properties of various tests in different testing situastions and brief remarks on which test or tests to use in practice and when.
Testing parameter constancy
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J. 
Published: May 2011

AbstractThis chapter begins by a introducing the well known Chow test of a single structural break in a linear model. The more general case in which the break‐point is assumed unknown is discussed next. This case involves an identification problem similar to that treated in Chapter 5. Lagrange multiplier tests designed for discovering not only breaks but smooth shifts in parameters receive attention, and the discussion is extended to vector models as well. Tests building on recursive estimation of parameters of the (linear) model are considered as well as tests of parameter constancy against stochastically varying parameters.
Nonparametric specification tests
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J. 
Published: May 2011

AbstractIt is described how nonparametric techniques can be used to test model specification. This is done by comparing nonparametrically estimated quantities with corresponding estimates using a specified parametric model; e.g. a linear model or an additive model. An important part of the model specification procedure is to select the time lags entering the model. This can be done parametrically using an Akaike type criterion, or nonparametrically, as illustrated in this chapter. Finally, for nonlinear models, using the correlation to test for independence is often misleading. Alternative techniques more suited to nonlinearity are described.
Time‐varying parameters and state space models
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J. 
Published: May 2011

AbstractLinear state space models have become popular in time series, and there are applications to many fields. The Kalman filter is often a fundamental tool. In this chapter it is shown that there are extensions of these concepts to a nonlinear framework through such devices as the extended Kalman filter and particle filters. Hidden Markov chains represents an alternative but related technique, where parameters are replaced by stochastic processes; i.e., Markov chains. The chapter also contains a short section on estimating these types of models.
Forecasting from nonlinear models
Authors: Teräsvirta Timo , Tjøstheim Dag , Granger W. J. 
Published: May 2011

AbstractA major purpose of nonlinear models is forecasting. This often requires numerical techniques, and a few alternatives are considered. There are also cases in which analytical forecasts are available, and some of them are shown as examples. Measuring forecast accuracy is given some consideration. This includes comparing forecasts from different models using statistical tests. Published studies comparing between forecasts from linear and nonlinear models in order to assess the usefulness of nonlinear models are discussed.
Bruno Simma, The Positivist?
Authors: Stein Eric 
Published: May 2011

Abstract
From the treasure trove of Simma writings, this chapter presents a few randomly selected examples which illustrate Simma's positivism well as his views on some crucial international law issues of the day. These examples include his views on the sources of international law, the international community interest, human rights and investment treaties, and enforcement of international law.
A Political Theory of Law: Escaping The Aporia of the Debate on the Validity of Legal Argument in Public International Law
Authors: Fastenrath Ulrich 
Published: May 2011

Abstract
This chapter conceptualizes the political theory of law as an open system of norms. Neither its elements nor the meaning of its norms are fixed. Thus, the legal order is at no time a bulk of definite or even definable commands. Neither are the norms understood by the different actors in a uniform way, nor is the legal order free of self-contradictions. Rather, it consists of competing legal assertions that are partly decided through authoritative processes, partly in other ways, but can also exist undecided alongside each other. Nevertheless, the different actors are trying to establish their legal assertions. Due to the openness of law the validity of a legal assertion can neither be attributed in a logically compelling way to legal utterances, nor will this be the outcome of a deliberative discourse as hypothesized in Habermas' concept of communicative rationality. In fact, it is a political process which decides on the success of legal assertions. This applies to both legislative and interpretative law-making, the latter conceived as a struggle of legal assertions for becoming effective.
From Bilateralism to Publicness in International Law
Authors: Kingsbury Benedict , Donaldson Megan 
Published: May 2011

Abstract
This chapter explores the ideas embedded in Simma's notion of a move toward ‘a true public international law’ or ‘a contemporary international legal order which is strongly influenced by ideas of public law’. It argues for two distinct but overlapping meanings of ‘public’ in this context. The first is an international law that is ‘inter-public’ law, being made by and for a set of entities (primarily States) that are not merely ‘actors’ (in the jargon of international relations), but public entities operating under public law. The second is a quality of publicness in law that is also becoming part of understandings of international law of the sort Bruno Simma has enunciated. Neither of these ideas — inter-public law and publicness — are commonplace or widely accepted in international law. However, they represent important dimensions in current and future international law.
Reciprocity Revisited
Authors: Paulus Andreas 
Published: May 2011

Abstract
This chapter recalls both Bruno Simma's considerable contribution to our understanding of reciprocity in his early academic work — on Article 60 of the Vienna Convention on the Law of Treaties, on reciprocity in customary law, and in treaties — as well as the later phase in his academic career when he did not abandon but considerably modified his position by looking to the formulation and protection of community interests in international law in his two grand lectures at the academies of The Hague and Florence. Here, the role of reciprocity changes from a prime mover of international law to that of a mere enforcement mechanism, from the master to the slave, so to speak. But Simma is and remains reluctant, even misgiving, about attempts to leave the enforcement of community interests to international organizations alone, as long as central institutions remain underdeveloped to implement them. Thus, in a decentralized system, decentralized means of enforcement continue to be necessary. In other words: reciprocity is transformed, but should not be abandoned altogether.