bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Metaphysics of Basic Acts II: The Identity of Actions With Bodily Movements
Authors: Moore Michael S. 
Published: September 2010

AbstractA much-maligned thesis of the Nineteenth Century jurisprudence of Austin and Holmes was that all actions are essentially bodily movements of a certain kind. This is not a thesis about the law's requirements about action (the subject of chapters 2 and 3); it is rather a metaphysical thesis about what actions essentially are. The thesis is defended through the examination of a number of criticisms of it by ordinary language philosophers, by the legal theorists who followed them, and by mental action theorists. The thesis defended is Mill's version of it: actions are only partially identical with bodily movements of a certain kind, being fully identical only with the causal sequence, volition-cause-bodily movement.
The Metaphysics of Basic Acts III: Volitions as the Essential Source of Actions
Authors: Moore Michael S. 
Published: September 2010

AbstractActions are partially identical with bodily movements; they are fully identical only with the sequence, volitions-cause-bodily movement. Volitional causation of bodily movements is thus an essential feature of actions. What sort of mental state a volition is claimed to be is examined in nine successive steps. Why we have reason to think that volitions exist is given in two steps: first, that there are mental states of intention that are not reducible to beliefs or desires, either singly or in combination; and second, that among the hierarchy of intentions that guide rational action there will be an intention to do the simplest thing we know how to do, which intention will be a volition. A variety of scepticisms about volitions, many stemming from ordinary language philosophy, are also examined and rejected.
The Doctrinal Basis of theActus ReusRequirement
Authors: Moore Michael S. 
Published: September 2010

AbstractWhether there is a unitary and coherent doctrine that can be referred to as the ‘actus reus requirement’ is the topic of this chapter. Two worries about this doctrine are examined and allayed. One is that actus reus cannot be distinguished from other elements of liability such as mens rea, causation, or absence of justification or excuse. The other is that there is no reality to the kinds of actions criminal statutes prohibit so that what such statutes prohibit is indeterminate.
Unity in Complex Action Description and in theActus ReusRequirement
Authors: Moore Michael S. 
Published: September 2010

AbstractIn ordinary speech and in criminal codes the descriptions of types of action are seemingly quite diverse, as are the possible taxonomical schemes for classifying them. Yet Anglo-American criminal law reduces all possible modes of complexity to two dimensions: act types are either causally complex or circumstantially complex, or both. Reasons are given to honour this reduction. How to draw the distinction between circumstances and results is also examined in light of the law's purposes for distinguishing these two species of complexity. Focus is then directed to causal complexity. The ‘equivalence thesis’ is advanced, a thesis holding that all action descriptions used in the criminal law (like ‘A hit B’) are equivalent to explicitly causal descriptions (such as ‘A caused contact on B’).
Legal, Moral, and Metaphysical Notions of ‘Sameness’ of Action-Types
Authors: Moore Michael S. 
Published: September 2010

AbstractThis chapter takes up the first of the two ‘sameness’ questions distinguished in the last chapter. This is the question of whether an accused can be punished separately for two (or more) offenses when a single act by him instantiates both (or all) such offenses. Multiple punishments are banned when the offenses are ‘the same.’ A ‘wrong-relative’ test is proposed for deciding upon the legal sameness of offenses. Such a test does not demand that the prohibited act types be fully identical in order to be legally ‘the same offense’, rather, merely partially identical act-types should be legally ‘the same’ when the parts that overlap constitute the same moral wrong, and when the parts that do not overlap do not constitute new and different moral wrongs. The basic idea is that the goal of proportionate punishment (that lies behind the relevant double jeopardy prohibition) demands that we assess the amount of wrongdoing done by an accused's single act, and that to assess this we must be able to count distinct wrongs.
Legal, Moral, and Metaphysical Notions of the ‘Sameness’ of Act-Tokens
Authors: Moore Michael S. 
Published: September 2010

AbstractHere the problem is not counting the number of wrongs a given act does; rather, it is the problem of counting how many times a given wrong is done; robbing a bank on Monday, then again on Tuesday, and yet again on Wednesday, is three iterations of the same wrong. Nothing forbids multiple punishment for the same wrong being done multiple times by an accused. Needed to apply this truth, however, is a theory about when two or more putatively distinct acts are in reality one and the same act. This is the question of act-token individuation which is the subject of this chapter. The theory developed in the chapter is only partly dependant on the correct metaphysics of the matter, although the theory is constrained by such metaphysics. The theory is more dependent on morality, because the relevant question is not, ‘how many metaphysically distinct acts did an accused do over some interval of time?,’ but rather, ‘how many acts of a wrongful type did he do then?’ I call this the ‘wrong-relative theory of act-token individuation.’
Introduction: Transformation of an Unnatural Country
Authors: Courtney John C. , Smith David E. 
Published: September 2010

Abstract
This book deals with the subjects and policies that depict the transformations that have occurred in the Canadian politics over the past half century. While Canada is not the only country that has experienced rapid and widespread changes in the recent decades, it is somewhat different. What sets Canada apart from other countries is the Canadian belief that Canada is not a natural country. Marked by extreme climate, immense area, sparse population, and a superpower neighbor, Canada has repeatedly felt vulnerable and has always strived for survival. This book deals partly with institutions and processes of the Canadian government and politics. Canadian government encompasses federal, provincial, and local governments. The subjects examined are Parliament, rights, constitution, cabinet, courts, Charter, political parties, federalism, elections, public opinion, and media. The rest of the text tackles aspects of Canadian demography, external relations, international trade, public policy areas, defense and security, and democratic reform.
Courts
Authors: Kelly James B. , Manfredi Christopher P. 
Published: September 2010

Abstract
The judiciary plays a prominent role in the maintenance and development of the Canadian constitutional system. Apart from maintaining the rule of law and the administration of justice, the courts and the members of the judiciary are important constitutional actors, as they provide interpretation of the federal division of powers and the Canadian Charter of Rights and Freedoms. Understanding the evolution of Canadian federalism is incomplete without considering the decisions of the Judicial Committee of the Privy Council (JCPC), Canada's highest court until 1949, and the Supreme Court of Canada after the abolition of the JCPC. This article discusses the structure and functions of the court system of the Supreme Court of Canada. The first section discusses the constitutional basis of the court system in Canada and the boundaries of judicial responsibilities between provincial and federal governments. The second section focuses on the appointment of judges and the reform movements by the federal and provincial governments since the 1960s. The third section discusses the Supreme Court of Canada and the three significant events that formed this institution: the abolition of appeals to the JCPC in 1949; the eradication of appeals as of right in 1975; and the entrenchment of the Canadian Charter of Rights and Freedoms in 1982. The last section discusses the courts and their contribution to the evolution of Canadian federalism and the Canadian Charter of Rights and Freedom.
Quebec
Authors: Noël Alain 
Published: September 2010

Abstract
From the early 1960s until 1981, the provinces and federal governments of Canada tried to agree on a new constitution that would replace the British North America Act of 1867. However, they did not succeeded because of a lack of consensus on the division of powers, the amending formula, and the status of Quebec in Canada. The Quebec government would not approve the new constitution without a revision of the existing division of powers that would grant it more leverage on social policy. Up to the present day, Canada is marked by the division of Quebec from Canada. This article discusses the three dimensions dominating the Quebec constitutional and political status. These are: 1) the difficulties and the stalemate state of the Canada–Quebec relationship; 2) the distinct and evolving character of Quebec politics; and 3) the contemporary challenges of governance in a complex and postmodern society. The first theme identifies the continuities and discontinuities in the Canada–Quebec relationship and the implications of the current stalemate for the preferences of the country's English-speaking majority. The second theme discusses the evolution of Quebec politics, specifically its adoption of a new social and political model that is detached from Canada but in tune with public opinion in the province. The last theme discusses the future challenges of Quebec in relation to the governance of the federation, globalization, and demographic change and evolving public expectations of social justice and democracy.
Challenge and Change: Elections and Voting
Authors: Gidengil Elisabeth 
Published: September 2010

Abstract
A vast territory, deep regional and linguistic differences, and a diverse population pose a challenge to the administration of elections and the determination of voting behavior. Election management in Canada has changed in recent years. Campaign financing is more strictly controlled that ever, advance voting and same-day registration have been introduced to facilitate easier voting, and fixed-term elections have been introduced. This article discusses the changes and challenges faced by the Canadian elections and voting system. Among the challenges faced are the efforts to enhance the equity and fairness of the electoral process. These efforts are seen as conflicting with the right of freedom of expression guaranteed by the Canadian Charter. Among the changes Canadian electoral processes have undergone are the emergence of campaigns, the pervasiveness of media coverage, decentralized federalism, and the introduction of a single-member plurality electoral system. Some of the topics discussed in this article include: managing elections, voter registration, distribution of seats, and anomalies in the Canadian electoral system.
Ethnic, Linguistic, and Multicultural Diversity of Canada
Authors: Kymlicka Will 
Published: September 2010

Abstract
In the past twenty years, there has been a growing pessimism on the effects of ethnic diversity. Studies are dominated by the assumption that ethnic diversity is a problem along multiple dimensions. Studies also suggest that countries marked with high levels of ethnic diversity are less peaceful, less democratic, underdeveloped, and negligent to the needs of the poor. In short, ethnic diversity is seen as a dysfunction for modern societies, and is moreover viewed as a threat to political systems, as ethnic minorities are now seeking public recognition in the form of multiculturalism and minority rights. This article discusses ethnic diversity in Canada. Against the background of the pessimistic view on diversity, Canada is an exception. It contains high levels of ethnic, linguistic, and religious diversity. Moreover, although Canada supports multiculturalism and minority rights, it remains peaceful and enjoys a prosperous democracy with a reasonably well-developed welfare state. The Canadian experience suggests that the effects of ethnic diversity and identity politics are not predetermined, and that a multicultural form of citizenship is possible. In the following discussions of the article, the basic features of the Canadian approach to ethnic diversity, including the controversies and challenges of Canadian diversity, are examined.
Beyond the “Indian Problem”: Aboriginal Peoples and the Transformation of Canada
Authors: Newhouse David R. , Belanger Yale D. 
Published: September 2010

AbstractThis article discusses Aboriginal politics through the “Indian problem” and the “Canadian problem.” It emphasizes the significant events that happened in 1969 to 1995 which fostered Canada's gradual policy shift from a country promoting Indian assimilation to one embracing Aboriginal self-government. This period saw the emergence of Aboriginal governance as a central objective of Aboriginal leaders, who sought to reestablish nation-to-nation relationships between Canada and First Nations peoples and to acquire legitimacy as governments within the Canadian federation within their own right.
Trade, Globalization, and Canadian Prosperity
Authors: Hart Michael 
Published: September 2010

Abstract
Canada has always been a trading nation, although Canadians are not keen traders. In the colonial days, Canada struggled with the reality of too much geography and too little demography. They found the answer in trade. Canada accepted the need to export their surplus resources, but were, however, adamant in importing manufactured goods. This created trade policy measures that suffered a high level of internal crisis. Over the past century, however, Canada has become an important player in the development of a universally rules-based international trade order. Its success in connecting national economies into a global economy have proven to be significant to Canada's ability to take advantage of the continuing process of global integration. This article discusses the role of trade and trade policy in conditioning Canada's participation in the modern global economy. It examines the emerging issues critical to Canada's continued ability to participate in globalized trade and investment.
Science and Technology: Politicians and the Public
Authors: Skogstad Grace 
Published: September 2010

Abstract
This article discusses the politics of the regulation of biotechnology in the life sciences and health care in Canada. Biotechnology is one of the four areas of science and technology that is identified by the Canadian government as a priority. The first section of this article discusses the two constitutive elements of regulatory political cultures in relation to novel technologies: ideas and institutional practices on how collective knowledge of the risk and benefits of novel technology is produced and validated; and the formal and informal methods of ensuring accountability and legitimacy in the decision making with respect to technology. The second section explores Canada's regulatory political culture and politics. It discusses the Canadian political culture of deference to science and technology. The third and last section examines the politics of the regulation of biotechnology in the nation as illustrated by genetically modified crops and the assisted productive technologies.
Canadian Environmental Politics and Policy
Authors: Howlett Michael , Joshi‐Koop Sima 
Published: September 2010

Abstract
This article examines government engagement in environmental issues in Canada since the 1950s. It focuses on the changes that have happened during this period at the federal level. In particular, the article discusses the diminishing capacity and willingness of the Canadian government to direct policy outcomes through traditional policy instruments such as regulation and laws, and the increased dependence on complex procedural instruments that only indirectly determine policy outcomes by altering the relations between the participants in the policy process. The first section discusses the domestic context for environmental issues and the key drivers and features of environmental politics and policy in Canada. The second section discusses how environmental issues entered the governmental agendas and how they are addressed by the government. The last section outlines the history of environmental policies in the twentieth century.
Defense and Security
Authors: Sloan Elinor 
Published: September 2010

Abstract
This article discusses Canada's defense and security system. The first section is devoted to homeland security and the measures Canada has taken since the 9/11 attack to ensure its border while maintaining an open trade with the U.S. The second section discusses defense by highlighting the historical evolution of Canadian defense priorities and the current Canadian defense policy. The last section discusses the future challenges and issues of Canada within the context of defense and security, with particular attention on the Canadian forces.
Getting Intelligence History Right: Reflections and Recommendations from the Inside
Authors: Dujmovic Nicholas 
Published: September 2010

Abstract
From its earliest years, the Central Intelligence Agency (CIA) has counted on various specialists it has employed, particularly historians, to document, reflect on, and interpret the Agency's past with an view to understanding its present and future. Intelligence organizations like the CIA employ historical staff because of the idea that history aids the intelligence agency to figure out who they are by illuminating the value of the often misunderstood profession, the mistakes and achievements of the past and how they came about, and the ways to improve work and appreciation of the reasons for public criticism, distrust, and the occasional call to disband the CIA. The CIA History Staff has an external function although its most important function is internal. Even so, the internal historical function of the CIA History Staff depends on the histories and historical treatments of CIA conducted by outsiders. Intelligence historians working within the CIA and outside historians mutually benefit from the works of each other. Intelligence historians directly benefit from outside histories so do outside historians from the work of CIA historians. This article describes the function and work of “inside” intelligence historians. It offers some recommendations for “outside” historians to make their work more precise and relevant to all.
Assessing Intelligence Performance
Authors: Gentry John A. 
Published: September 2010

Abstract
Literatures on intelligence predominantly focus on intelligence failures, often explicitly claiming that the failures reflect the poor performance of the intelligence agencies as a whole. Despite negative claims on the performance of these agencies, politicians, citizens, and scholars often have little to discuss on intelligence performance. They seldom ask what the intelligence services do in aggregate; what their performance rate is; how the infrequent yet prominent failures compare to ongoing performance that is invisible to the outsiders because it is at least adequate; and how ignorance of the performance of the different types of intelligence activities affects the overall assessment of the intelligence services. This little discussion on some of the important aspects of intelligence performance resulted in the absence of general theory of intelligence performance. To judge better intelligence performance, understanding the functions and the nature of work of the intelligence services is a must. This article hence uses existing theory and available data to determine the theory of the whole performance of intelligence agencies. It also provides a scorecard of the recent performance of the U.S. intelligence and suggests avenues for future research.
The President's Foreign Intelligence Advisory Board
Authors: Absher Kenneth M. , Desch Michael C. , Popadiuk Roman 
Published: September 2010

Abstract
In the final year of his presidency, President George W. Bush issued an Executive Order which reorganized and renamed the President's Foreign Intelligence Advisory Board (PFIAB) to President's Intelligence Advisory Board (PIAB). The precursor to PFIAB and PIAB, the President's Board of Consultants on Foreign Intelligence Activities was established by President Dwight Eisenhower in 1956. It aimed to provide the president a nonpartisan evaluation of the role and effectiveness of the U.S. intelligence collection, covert actions operation, counterintelligence, and intelligence analysis. The board has addressed three broad areas over the years. First, it assessed the impact of new technologies and innovative modes of organization to the collection and analysis of intelligence. Second, it analyzed foreign political trends. Third, it provided assessment of crisis management. Despite of the significant activities performed by the board, it remains to be the smallest and the least well-known part of the U.S. intelligence community. This article focuses on the President's Foreign Intelligence Advisory Board (PFIAB). It determines why it remains to be the least known part of the intelligence community and how it functions and operates. The article also discusses the evolution of the board from the perspective of the administration of Eisenhower, Kennedy, Johnson, Nixon, Ford, Carter, Reagan, George H. W. Bush, Clinton, and G. W. Bush. While the PFIAB has been doubted of its relevance, it has remained to play a useful role for both the president and the overall intelligence community. Uniquely positioned, it has a clearance to review all of the most sensitive secrets and it has direct access to the president. It is a powerful and effective tool that supports the president's efforts to implement policies, manage operations of the intelligence community, and change organizations. Although much debate has been directed on the potential and the role of the institution, it has nevertheless made important recommendations such as the establishment of DIA, CIA's Directorate of Science and Technology, and Defense Attaché system; all of which improved the intelligence system.
Intelligence and Law Enforcement
Authors: Manget Frederic F. 
Published: September 2010

AbstractIntelligence and law enforcement are different but they are parallel worlds that have a common dimension. While they are severely different, on closer introspection, they are almost similar. Both are aspects of national power and both are applied to the threats and problems to national security. This article discusses the complex relationship of intelligence and law enforcement, particularly the challenge of achieving balance between the parts of the two worlds that are irreconcilable. Although the Central Intelligence Agency and Federal Bureau of Investigation can continue to co-exist peacefully, they are faced with continuing issues such as: the creation of a domestic intelligence organization that is separate from law enforcement and foreign intelligence establishments; the notions that the due process in the law enforcement hampers the primary role of intelligence; the restriction of military involvement with domestic civilian law enforcement; and the notions of government scrutiny and citizen's privacy. These issues that probably may have no solution are best addressed if the professionals of both worlds act in well-informed and well-intentioned ways to support and deconflict their activities and missions. These different communities with different cultures and narratives are significant and important. They affect the view that each has of the other and of themselves. They affect the ability of the managers to manage them, the ability of the overseers to oversee them, and more importantly the ability of the U.S. government to succeed in their areas of operation.