bluuebunny/crossref_metadata_2025_split huggingface dataset:
Hart as a Political Philosopher
Authors: Finnis John 
Published: October 2011

AbstractAfter a brief appreciation of Hart's life and virtues, this chapter contrasts his legal-theoretical work with conceptions of method and political philosophy dominant between 1945 and 1960. Hart's attention to law's functions, decisive for The Concept of Law, transcends the merely linguistic or conceptual. Hart failed to follow through resolutely, but his work like Rawls's rejoined the enterprise launched by Plato and Aristotle and derided by Hobbes. The chapter's second half is a root and branch critique of Hart's normative political philosophy, especially Law, Liberty and Morality, which failed to see the irrelevance of Devlin's focus on positive morality, and thus cut itself off from the main political philosophical tradition and from reason. A special failing was Hart's claim that sex ethics cannot be rational, and his neglect of the question whether and how political culture and community have preconditions bearing on procreation and family.
Critical Legal Studies
Authors: Finnis John 
Published: October 2011

AbstractThis chapter presents a critical examination of Unger's seminal article and book The Critical Legal Studies Movement, and of its account of legal thought, tested against its account of certain ‘exemplary’ difficulties in the Anglo-American law of contract. Unger's account fundamentally misconstrues the ways of legal thought and hides its misunderstanding behind equivocations on ‘(in)determinate’ and ‘(un)justified’ and neglect of under-determination. Its triadic schemas are too complex and too simple to capture the problems with which any law of contract must grapple. Underlying the Movement is a poverty-stricken conception of the forms of human good and a scepticism resting on unsound arguments. The result is a threat to the vulnerable in society.
‘Legal Liberalism’ orLiber et Legalis?
Authors: Finnis John 
Published: October 2011

AbstractThis chapter presents a brief unpublished essay on David Price's critique of Critical Legal Studies (CLS) and defence of ‘legal liberalism’. The latter category, much promoted by Unger and others in the Movement, is not a safe description of the rights and rule of law that Price wishes to defend against CLS antipathy and subversion. Indeed, ‘liberalism’ is not a term fir for use in doing legal or political theory, as the example of Aristotle and Aquinas suggests. Nor should we concede as much as Price does to CLS claims about contradictions in the law.
Individuals, Communities, and Postmodernism: Some Notes
Authors: Finnis John 
Published: October 2011

AbstractThis chapter offers a brief discussion of a draft paper by Daniel Ortiz, focusing on whether individuals or communities should be the unit of political and social analysis. It is hazardous to discuss this in terms of individual ‘sovereignty’. Better analyses of the relation between individual and group are available, and talk of sovereignty systematically obscures the distinction between ‘is’ and ‘ought’.Nor is the category of ‘contradiction’ very appropriate for considering, even clearly normatively, that relation. Some observations are offered about Duncan Kennedy, Dworkin, Richard Rorty, and Whitman's pantheism and apparent optimism about reason and spirit.
Allocating Risks and Suffering: Some Hidden Traps
Authors: Finnis John 
Published: October 2011

AbstractThis chapter begins by examining some basics in Adam Smith's conception of economics, and then tells the story of the evolution of the law about mantraps in the 1820s in England and later in the United States. This sets the scene for an examination of Posner's engagement with the same body of tort and criminal law, and with the concept of intention in the law, generally. The weaknesses at the heart of an Economic Analysis of Law are identified, and its unfitness for adjudication. Political community has no goal analogous to a one-project firm which can account completely to its shareholder's at project's end. The distinction between the intended and its foreseen or foreseeable side effects is appropriately relevant in law.
Just Votes for Unjust Laws
Authors: Finnis John 
Published: October 2011

AbstractThis chapter's legal-philosophical significance lies in its close attention to the way in which the form and text of enactments must be distinguished from the enactments' legal meaning and juridical effect, that is, from the propositions of law which those enactments, properly interpreted, make legally valid and/or true. Given this distinction, it is possible and necessary to conclude that in some contexts a statute declaring or textually implying that some instances of a kind of serious injustice (of a sort that certainly ought to be prohibited by law) is legally permitted (but other instances are prohibited) is nonetheless not a statute that permits injustice. The crucial question whether the statute reduces the state's protection of persons from the relevant injustice cannot be answered by looking at the text of the statute. The injustice considered is abortion, but alternatives may be substituted for the sake of the argument, e.g., torture. Similarly, the central line of argument can be detached from its context here (the encyclical Evangelium Vitae (1995)).
Historical Consciousness and Theological Foundations
Authors: Finnis John 
Published: October 2011

AbstractThe 1992 Gilson Lecture to the Mediaeval Studies Institute in Toronto, this chapter undertakes a substantial and wide-ranging critique of the theory of ‘historical’ (as opposed to ‘classical’) consciousness elaborated in the later works of Bernard Lonergan and adopted by many theologians since the 1970s. The origins of the phrase, and its self-refuting deployment by Lonergan's predecessor in use of it are traced, and the ambiguities and inconsistencies in Lonergan's employment of it are shown in detail. Weaknesses in the Thomist tradition in relation to history are pointed out, and its neglect (and Lonergan's) of rationality norms is explored in relation to Hume's argument against miracles. The relevance of these problems to moral theology is the chapter's last major theme. Karl Rahner's theory of ‘changing human nature’ is challenged, and the form of coherent moral development traced with reference to marriage, usury, and religious freedom. The fall of Jerusalem and the dating of the Gospels is discussed.
Three and One
Authors: Finnis John 
Published: October 2011

AbstractThis chapter offers an unpublished Trinity Sunday 1988 college Evensong sermon taking off from the Petrine sermon in the Evensong readings for that day, about ‘the revelation of Jesus Christ’ and ‘the Holy Spirit sent from heaven’. The chapter's core is on the nine Trinitarian affirmations in which Newman sums up the so-called Athanasian Creed, which he regarded as Christianity's most simple, sublime, and devotional formulary. The chapter concludes with a reflection on the nature and practical significance of doctrinal propositions such as these.
Conscience in the Letter to the Duke of Norfolk
Authors: Finnis John 
Published: October 2011

Abstract
This chapter gives a close and detailed study of Newman's understanding of conscience and natural and divine law, as manifested in his 1875 response to Gladstone's 1874 critique of the doctrine of papal infallibility defined in 1870, which had charged Catholics with divided allegiance and mental and moral slavery. The chapter shows that Newman's response to that charge is unsuccessful, partly because of legalistic elements in his conception of morality. Newman's influence on the Second Vatican Council's 1965 teaching on conscience has been exaggerated, and his arguments against the charge of mental and moral slavery, though correct in conclusion, are unsound, partly because he failed to take consistent account of the darkening of consciences by sinful habits and conventions, or of the possibility of precise ecclesial teachings on exceptionless moral norms. An endnote responds to a Jesuit critique of the essay.
Christianity and World Order
Authors: Finnis John 
Published: October 2011

AbstractReflections of E. R. Norman's Reith Lectures, Christianity and the World Order, this chapter is a further reflection on the way human action is significant in the building up of the heavenly kingdom. It identifies a number of home truths in Norman's appraisal of Christian church people's attitudes as unspiritual, politicized, and detached from truths of Christian faith; and a number of half-truths in his grasp of Christian teaching, especially about human nature, human goods and natural law, Catholic social teaching, divine commandments, and faith and works in this world and in eternity.
6 Women Abolitionists and the Dissenting Tradition
Authors: Roy Jeffrey Julie 
Published: October 2011

AbstractWhile this chapter acknowledges the influence of evangelical religion on female abolitionism, it argues that anti-slavery women also exploited traditions of dissent that stretched back to Puritanism and the Reformation itself. These traditions helped women to make sense of the opposition they encountered, energized them in difficult times, and provided them with a powerful way to critique the failure of American churches to embrace abolitionism. Yet those same traditions complicated their work, especially the lucrative fairs that they sponsored to support their cause.
8 Writing Against Slavery: Harriet Beecher Stowe
Authors: Newman Judie 
Published: October 2011

AbstractThis chapter discusses the strategies which Harriet Beecher Stowe mobilized from her religious background in order to further the abolitionist cause. In Uncle Tom's Cabin (1852) revivalist and camp-meeting religion informs character and action. Dred (1856) focuses on the struggles between self-serving American pro-slavery clergy, heroic abolitionist ministers, and prophetic African-American Christianity, dramatized in the context of the role reversals of a camp-meeting. The Christian Slave (1855), a dramatized reading or ‘closet drama’, written for Mary Webb, one of the first African American dramatic performers, developed the role reversal topos of abolitionist closet drama (as did Herman Melville's Benito Cereno) for abolitionist purposes.
Supplementary Means of Interpretation
Authors: Sbolci Luigi 
Published: October 2011

Abstract
The Vienna Convention on the Law of Treaties of 1969 established a distinct hierarchy between the general rule of interpretation and supplementary means. Article 32 of the Convention subordinates the use of supplementary means to various assumptions connected with the outcome of the interpretation made on the basis of the general rule contained in Article 31. The list of the supplementary means laid down in Article 32 is not exhaustive and the Vienna Convention says nothing about the concept of preparatory works, of circumstances surrounding the conclusion of the treaty, and about the concept of other supplementary means of interpretation. These and other critical observations can be resolved by reference to indications from the comments of the International Law Commission and from international case law. The rule established in Article 32 can be considered to correspond to the international custom. The use of supplementary means of interpretation is important when the application of the general rule leaves the meaning ambiguous, obscure, or absurd. Recent international case law appears to illustrate the reasons that can lead the interpreter to find, in the supplementary means, a confirmation of the meaning emerging from the application of the general rule expressed in Article 31.
The Law of Treaties and the UN Security Council: Some Reflections
Authors: Wood Michael 
Published: October 2011

Abstract
The UN Security Council impacts on the law of treaties in many different ways — ways that are both foreseen and unforeseen in the Vienna Convention on the Law of Treaties. This has led to harsh criticism by writers, less so by states. There is an important distinction to be made between obligations that are binding on the parties to a treaty by virtue of their participation therein, and obligations that are binding on states for some reason outside the treaty, for example because they are made so by mandatory Council action. Article 103 of the UN Charter has assumed increasing importance and should not be interpreted narrowly. The Council has shown self-restraint in its approach to treaties, interfering only to the extent necessary for the maintenance of international peace and security.
Freedom, Security, and Justice in the European Court of Justice: The Ambiguous Nature of Judicial Review
Authors: Douglas-Scott Sionaidh 
Published: October 2011

Abstract
It has become almost commonplace to state that, in the context of the EU's Area of Freedom Security and Justice (AFSJ), freedom and justice are being sacrificed to the needs of security. This means, among other things, that important human rights are sacrificed. The EU has been slow to adopt measures on rights, and too quick to adopt more coercive and potentially rights-violating measures such as the European Arrest Warrant, or the extremely broad EU definition of terrorism. The performance of the European Court of Justice has been disappointing and there has been little input from the European Parliament. This chapter discusses two specific cases relating to US access to Passenger Name Records and terrorist blacklisting (Kadi), which are more to do with the autonomy of EC law than with human rights protection. It examines the current situation and argues that judicial review by the European Court of Justice has not improved the situation.
Cognitive Biology
Authors: Auletta Gennaro 
Published: October 2011

AbstractThe book provides a new conceptual scaffold for further research in biology and cognition by introducing the new field of Cognitive Biology. It is a systems biology approach showing that further progress in this field will depend on a deep recognition of developmental processes, as well as on the consideration of the developed organism as an agent able to modify and control its surrounding environment. The role of cognition, the means through which the organism is able to cope with its environment, cannot be underestimated. In particular, it is shown that this activity is grounded on a theory of information based on Bayesian probabilities. The organism is considered as a cybernetic system able to integrate a processor as a source of variety (the genetic system), a regulator of its own homeostasis (the metabolic system), and a selecting system separating the self from the non-self (the membrane in unicellular organisms).
Auxiliary and focal assessment models: a proof-of-concept involving time-varying catchability and fishery stock-status evaluation
Authors: Thorson James T. 
Published: October 2011

Abstract
Thorson, J. T. 2011. Auxiliary and focal assessment models: a proof-of-concept involving time-varying catchability and fishery stock-status evaluation. – ICES Journal of Marine Science, 68: 2264–2276. Many assessment models evaluate stock status, and biases can arise when time-varying processes are modelled as being time-invariant. An “auxiliary/focal” assessment process is presented, where an “auxiliary” assessment model estimates functional parameters that are used in a “focal” assessment of stock status. This process is evaluated in two steps. First, estimates of density-dependent catchability from single- or multispecies auxiliary models are compared, confirming that multispecies auxiliary models are more accurate when catch-at-age data are abundant. Possible output from the multispecies auxiliary assessment is then used in a focal model, and the results are compared with four other methods: (i) assuming that catchability is constant, (ii) ignoring fishery-dependent indices, (iii) a random-walk catchability model, and (iv) estimating density-dependent catchability without prior information. Results show that the constant catchability model leads to non-conservative biases in stock-status estimates, and a random-walk model decreases bias and has high precision when age data are available. The auxiliary/focal procedure performs best when fishery indices are used without age data, and the density-dependent model without prior information performs well with fishery and survey indices, but without age data. Different methods are optimal, therefore, depending on data availability, and the auxiliary/focal assessment process performs best of the available methods when using just fishery-dependent indices.
Artificial Neural Network Modeling of Distillers Dried Grains with Solubles (DDGS) Flowability with Varying Process and Storage Parameters
Authors: Bhadra Rumela , Muthukumarappan K. , Rosentrater Kurt A. 
Published: October 2011

ABSTRACTNeural network (NN) modeling techniques were used to predict flowability behavior of distillers dried grains with solubles (DDGS) prepared with varying levels of condensed distillers solubles (10, 15, and 20%, wb), drying temperatures (100, 200, and 300°C), cooling temperatures (–12, 25, and 35°C), and storage times (0 and 1 month). Response variables were selected based on our previous research results and included aerated bulk density, Hausner ratio, angle of repose, total flowability index, and Jenike flow index. Various NN models were developed using multiple input variables in order to predict single‐response and multiple‐response variables simultaneously. The NN models were compared based on R2, mean square error, and coefficient of variation obtained. In order to achieve results with higher R2 and lower error, the number of neurons in each hidden layer, the step size, the momentum learning rate, and the number of hidden layers were varied. Results indicate that for all the response variables, R2 > 0.83 was obtained from NN modeling. Compared with our previous studies, NN modeling provided better results than either partial least squares modeling or regression modeling, indicating greater robustness in the NN models. Surface plots based on the predicted values from the NN models yielded process and storage conditions for favorable versus cohesive flow behavior for DDGS. Modeling of DDGS flowability using NN has not been done before, so this work will be a step toward the application of intelligent modeling procedures to this industrial challenge.
Calcineurin inhibitors acutely improve insulin sensitivity without affecting insulin secretion in healthy human volunteers
Authors: Øzbay Lara Aygen , Møller Niels , Juhl Claus , Bjerre Mette , Carstens Jan , Rungby Jørgen , Jørgensen Kaj Anker 
Published: October 2011

WHAT IS ALREADY KNOWN ABOUT THIS SUBJECT• New onset diabetes after transplantation is related to treatment with immunosuppressive medications. Clinical studies have shown that risk of new onset diabetes is greater with tacrolimus compared with ciclosporin. The diabetogenicity of ciclosporin and tacrolimus has been attributed to both beta cell dysfunction and impaired insulin sensitivity.WHAT THIS STUDY ADDS• This is the first trial to investigate beta cell function and insulin sensitivity using gold standard methodology in healthy human volunteers treated with clinically relevant doses of ciclosporin and tacrolimus. We document that both drugs acutely increase insulin sensitivity, while first phase and pulsatile insulin secretion remain unaffected. This study demonstrates that ciclosporin and tacrolimus have similar acute effects on glucose metabolism in healthy humans.AIM The introduction of calcineurin inhibitors (CNIs) ciclosporin (CsA) and tacrolimus (Tac) has improved the outcome of organ transplants, but complications such as new onset diabetes mellitus after transplantation (NODAT) cause impairment of survival rates. The relative contribution of each CNI to the pathogenesis and development of NODAT remains unclear. We sought to compare the impact of CsA and Tac on glucose metabolism in human subjects.METHODS Ten healthy men underwent 5 h infusions of CsA, Tac and saline in a randomized, double‐blind, crossover study. During infusion glucose metabolism was investigated using following methods: a hyperinsulinaemic‐euglycemic clamp, an intravenous glucose tolerance test (i.v.GTT), glucose‐stimulated insulin concentration–time series and indirect calorimetry.RESULTS Clamp derived insulin sensitivity was increased by 25% during CsA (P < 0.0001) and 13% during Tac administration (P = 0.047), whereas first phase and pulsatile insulin secretion were unaffected. Coinciding with the CNI induced improved insulin sensitivity, glucose oxidation rates increased, while insulin clearance rates decreased, only non‐significantly. Tac singularly lowered hsCRP concentrations, otherwise no changes were observed in circulating glucagon, FFA or adiponectin concentrations. Mean blood concentrations of CNIs were 486.9 ± 23.5 µg l−1 for CsA and 12.8 ± 0.5 µg l−1 for Tac.CONCLUSIONS Acute effects of i.v. CsA, and to a lesser degree Tac infusions, in healthy volunteers include increased insulin sensitivity, without any effect on first phase or pulsatile insulin secretion.
Carriage of the EGF rs4444903 A&gt;G functional polymorphism associates with disease progression in chronic HBV infection
Authors: Cmet S , Fabris C , Fattovich G , Falleti E , Bitetto D , Cussigh A , Fontanini E , Fornasiere E , Pirisi M , Toniutto P 
Published: October 2011

Summary
Because epidermal growth factor (EGF) up-regulation is characteristic of the cirrhotic liver, we hypothesised that the EGF rs4444903 A &gt; G functional polymorphism might be associated with a worse disease course in patients with chronic HBV infection. To verify this hypothesis, 170 HBV-positive patients (125 males) with a median age of 52 years were studied. Sixty-two of these patients were followed longitudinally for a median time of 21 years. Genotyping for the EGF rs4444903 A &gt; G polymorphism was performed by the polymerase chain reaction-based restriction fragment length polymorphism assay. In the cross-sectional study, the EGF rs4444903 A &gt; G polymorphism genotypic frequencies significantly differed between transplant patients (A/A = 20·4%, A/G = 52·3%, G/G = 27·3%) and HBsAg+ carriers (active and inactive: A/A = 35·7%, A/G = 47·6%, G/G = 16·7%, P = 0·036 for the linear trend). In the longitudinal study, the EGF rs4444903 A &gt; G polymorphism was found to be an independent predictor of cirrhosis development (O.R. 7·73, 95% C.I. 1·21–49·5, P = 0·007). Three groups of patients were identified: A/A female homozygotes (n = 9), A/A male homozygotes (n = 13) and carriers of the G allele of either gender (n = 40). Cirrhosis did not occur among A/A females (n = 0/9), seldom occurred among A/A males (n = 2/13) and reached the highest frequency among G/* patients (n = 13/40, P = 0·026). In conclusion, the EGF rs4444903 A &gt; G polymorphism appears to be associated with an unfavourable disease course of chronic HBV infection and cirrhosis development. This effect might be modulated, at least in part, by the gender of the patient.