bluuebunny/crossref_metadata_2025_split huggingface dataset:
Picking up the Pieces, 1784–1785
Authors: Lock F.P. 
Published: October 2011

Abstract
This chapter examines the activities and career of British politician Edmund Burke during the period from 1784 to 1785. In the summer of 1784, Burke's career appeared to be heading to an inglorious close, especially after his mentor the Lord Rockingham died. He tried to adjust and in 1783 he was reappointed Paymaster. Though he was again excluded from the cabinet, his second period of office as Paymaster was more rewarding because he was made responsible for an important piece of legislation called Fox's India Bill.
The Making of the Reflections, 1789–1790
Authors: Lock F.P. 
Published: October 2011

Abstract
This chapter discusses the historical background of British politician Edmund Burke's writing of Reflections on the Revolution in France. This book was inspired by his prescient analysis of the taking of the Bastille in 1789. While Burke was still a pariah smarting from the public and private humiliations of the Regency in October 1789, the publication of his book instantly revitalized his career. The book was immediately hailed as a masterpiece in line the works of Aristotle, John Locke, Niccolo Machiavelli, and as a classic of political thought.
Nationality in East-Central Europe: Perception and Definition before 1848
Authors: Evans R. J. W. 
Published: October 2011

AbstractThis chapter presents an essay on the perception and definition of nationality in East and Central Europe before 1848. It explores the political, socio-economic, and intellectual background to the rise of national identity in East-Central Europe and the existence of national allegiances during this period. It also examines the role of the westernized intellectuals who acted both as conduits and as agents of change and formulated cosmopolitan cultural influences as national agendas.
Joseph II and Nationality in the Habsburg Lands
Authors: Evans R. J. W. 
Published: October 2011

AbstractThis chapter presents an essay on the efforts of Joseph II to gain uniform and absolute control of Central Europe in the 1780s. He made two such attempts, which helped generate or catalyse forces of opposition that would reassert regional and provincial autonomies on an increasingly nationalist basis. This chapter also explores the role of Josephinism in intensifying the sense of local and ethnic identity and reveals that most of the supporters of Joseph II were early leaders of movements committed to the propagation of national cultures.
Hungary and the German Lands in the Nineteenth Century
Authors: Evans R. J. W. 
Published: October 2011

AbstractThis chapter presents an essay on the cultural and political relationships and linkages between Hungary and Germany during the 19th century. It chronicles relevant events starting with the last decade of the Old Empire, when Josephinism created controversial notions of statehood and Aufklarung created a new intellectual climate. It explains that the two sides were brought together by liberal and national ideas, which culminated in the entente cordiale between the Frankfurt assembly and the Hungarian parliamentary government in 1848.
Conquest
Authors: Atkinson Alan 
Published: October 2011

Abstract
This chapter examines the meaning, method, and practice of conquest in Australia. It suggests that the continent and islands of Australia were claimed for the British Empire in an interlinked chain of ritual extending over more than fifty years. James Cook hoisted the British flag on Possession Island on August 22, 1770 and claimed the territory he had seen in the name of King George III and this claim was reinforced by the King himself on 12 October 1786. Several other claims were made and settlements established from that moment until 1829, but the actual conquest of the country and its people extended a long time beyond those years.
Settling the Land
Authors: Waterhouse Richard 
Published: October 2011

Abstract
This chapter examines the settlement of British colonies in Australia from 1788. It examines the ways by which rural Australia became tethered to the Empire and evaluates the role of metropolitan forces in providing the economic rationale for an expanding frontier of White colonization. It investigates the rural agencies of Empire-building in Australia and suggests that it was the loss of centralized, imperial control that brought Australia under the control of the Empire.
Art and the Environment: New Visions from Old
Authors: Gray Anne 
Published: October 2011

Abstract
This chapter examines the ways artists have portrayed the Australian landscape, and how this reflects both their own relationship to the environment and that of their society. It analyses how the continuities between European and colonial artistic styles and techniques produced the so-called ‘new visions from old’. It argues that that reliance on imperial borrowings was not the hallmark of an inauthentic, derivative culture but the key to an original vision of Australia’s Empire.
The Limits of Evolutionary Ethics
Authors: Prinz Jesse J. 
Published: October 2011

AbstractFriedrich Nietzsche's ethical theory has two components: one negative, the other positive. The negative component is his genealogical program. Its primary function is critical and destructive. Nietzsche wanted to undermine deeply held values by exposing their sordid history and base underlying motives. The positive component is captured in Nietzsche's myth of the "bermensch — a being who is capable of living in a world beyond the good and evil dichotomy of contemporary morality. The theme of natural values appears inOn the Genealogy of Morals, where Nietzsche claims that our current values are reactive, or reactionary. This chapter concedes that we are biologically prone to have certain kinds of values, but rejects the notion that there is an innate morality. It also argues that our biological predispositions do not qualify as moral rules without cultural elaboration. Morality is artificial all the way down, and 'evolutionary ethics" is a myth.
Some Advantages of a Crime-free Criminology
Authors: Gottfredson Michael R. 
Published: October 2011

AbstractIn order to answer the question ‘what is criminology?’, it is necessary to first answer the question ‘what is crime?’. If criminology is the scientific study of the causes and consequences of crime, then the first order problem for criminology is to define the proper scope for the field — what might be termed the ‘problem of the dependent variable’. This chapter discusses the following: some key facts about crime and offending, a crime-based theory of crime, behavioural-based versus legal-based (deterrence) theories in criminology, evidence on deterrence and policing on crime, and the future of crime in criminology.
Have I Got News For You? Media, Research, & Popular Audiences
Authors: Mills Linda G. 
Published: October 2011

AbstractThrough three very different stories drawn from distinct intellectual projects, this chapter explores the reliability and ethics of storytelling as a means of popular dissemination of research. It then analyzes the pitfalls and possibilities associated with the efforts taken by scholars to gather those stories. It focuses on both how qualitative research is gathered and the responsibilities that are involved in presenting it.
Sort Crimes, Not Criminals
Authors: Felson Marcus 
Published: October 2011

AbstractIt is easy to make a mess of crime definitions by mixing up two distinct questions: First, what crimes do people commit — before anything is done about them? Second, how does the justice system act after it decides a crime has occurred? The second question brings with it many more complexities: Whether a crime happened this time; whether this person did it; whether the accused are treated equally by the justice system; and how people in different places and times act or do nothing. This chapter seeks to answer only the first question — what crime is before something is done about it.
Studying Desistance From Crime: Where Quantitative Meets Qualitative Methods
Authors: Paternoster Raymond , Bushway Shawn 
Published: October 2011

AbstractThis chapter argues that qualitative and quantitative data are equally useful in the scientific enterprise that is criminology. Both types of data can, and should be, used to test theoretical claims deductively. Both types of data can and should be used to generate insight inductively into the types of theories that might be useful in the first place. Neither type of data is inherently better than the other, and analysts that specialize in one type of research should not act as if they are engaged in a separate and distinct exercise from those who specialize in the other. Ideally, both types of data can be used to test the theoretical implications generated by theory in the same analytical work. But, it is a mistake if qualitative data are used simply to highlight insights generated by the quantitative data. It would be equally problematic if quantitative data were used simply to support, rather than test, the findings from qualitative data.
Why Can't Criminology be More Like Medical Research?: Be Careful What You Wish For
Authors: Maruna Shadd , Barber Charles 
Published: October 2011

AbstractThis chapter focuses on the intersection between criminology and psychiatry. There is a large movement afoot to make criminological research more akin to a version of the medical model found in psychiatry. But a review of research and practice in psychiatry suggests that that psychiatry might have as much to gain from criminological research traditions as the other way around.
Visions of Global Control: Cosmopolitan Aspirations in a World of Friction
Authors: Franko Aas Katja 
Published: October 2011

AbstractThis chapter reflects on the growing cross-border scope of criminological scholarship from a perspective of the sociology of knowledge. What kind of knowledge is being produced by the move into the exterior? What are the social contexts in which it is produced and, more importantly, in which is it being applied? Who is providing its paradigms and how is it constituted by power/knowledge relations? Moreover, what is criminology's relationship to law and its increasingly global reach?
1 Assessing the Impact of the International Criminal Tribunal for the Former Yugoslavia: Balancing International and Local Interests While Doing Justice
Authors: King Kimi L , Meernik James D 
Published: October 2011

Abstract
This chapter conceptualizes the ICTY as a judicial institution whose justice affects international and local (former Yugoslavia) sets of stakeholders. If an evaluation is to be conducted on the impact of the ICTY, the competing tensions and difficulties the Tribunal faces in advancing its mission given the diverse interests of these constituencies must be understood. The chapter argues that because of institutional, political, and practical necessities inherent in its very nature and limits of its powers, the ICTY is not able to respond primarily to affect the interests of its constituents in the former Yugoslavia. Rather, the UN mandate, its statute, and Rules of Procedure and Evidence were instead designed according to the extant status and limitations of international law rather than the demands of local communities. It also argues and finds, through an analysis of issues pertaining to sentencing, that when there are conflicts of interest between the international and the local, the former more often tends to see its interests upheld by the ICTY.
3 The ICTY as a Laboratory of International Criminal Procedure
Authors: Whiting Alex 
Published: October 2011

Abstract
This chapter discusses the rules of procedure and evidence at the ICTY which have developed through experimentation and experience. By design or accident, the rules at the beginning of the ICTY left many questions unanswered and allowed for easy amendment. Over the years, judges have repeatedly amended the rules to reflect lessons learned along the way and to develop a procedure designed to address the particular challenges facing the ICTY.
5 Rights in Criminal Proceedings under the ECHR and the ICTY Statute—A Precarious Comparison
Authors: Trechsel Stefan 
Published: October 2011

Abstract
This chapter takes as a starting point the fact that the rights of the accused are formulated in almost identical terms in the International Bill of Human Rights and in the Statutes of International Criminal Tribunals. This raises the question as to whether they are interpreted in a uniform way by bodies called upon to implement the human rights' treaties and the International Criminal Courts. In order not to complicate matters, the focus is on the case-law of the ECtHR and the ICTY which are the richest. The analysis shows that there are differences. In a rough generalisation, it can be said that the Criminal Tribunal has a more ‘generous’ approach than the European Court. How is this to be explained? The chapter attempts to show that the basic vantage point differs; in Strasbourg, the Court is an organ of control, it does not apply the rules itself as it is not involved in criminal proceedings. The International Criminal Tribunal, on the other hand, is itself an actor in the field of human rights. It lacks, as it were, the ‘distance from the battlefield’ which the Strasbourg Court enjoys. The rights examined include the right to personal liberty, the right to be tried within reasonable time, and the right to counsel; the chapter criticizes the practice of the ICTY with regard to so-called ‘self-representation’ of the accused.
7 The Crime of Persecution in the ICTY Case-law
Authors: Nilsson Jonas 
Published: October 2011

Abstract
The ICTY prosecutor and judges have found in the crime of persecution a suitable category to address the types of crimes committed in the former Yugoslavia during the conflict in the 1990s. For example, out of the sixty-three persons who to date have been convicted by the ICTY, forty had been charged with this crime. In contrast, the crime of persecution was hardly applied in international or national law before the start of the ICTY proceedings. The ICTY case law dealing with the crime of persecution is one of the most important contributions of the ICTY to international criminal law. However, the ‘discovery’ of the crime of persecution by the ICTY involved certain risks for the judges, in particular since the exact boundaries of the definition of this crime, beyond what could be understood from the words of the statutory definition, had not been set out or explored in previous jurisprudence. The ICTY case law contains considerations of the contours of the criminal conduct in question with the accompanying risk of entering convictions for acts that were not criminal at the time they were carried out, and thereby violating the principle of nullum crimen sine lege. This chapter examines how the exact content of the crime of persecution is being determined in the ICTY case law by the requirements of the principle of nullum crimen sine lege, on the one hand, and a desire for it to address a series of acts or a criminal campaign, rather than one or more isolated acts, on the other.
12 The ICTY's Continuing Struggle with the Right to Self-representation
Authors: Tuinstra Jarinde Temminck 
Published: October 2011

Abstract
The right to legal assistance is a fundamental safeguard for a fair trial. There is no international legal standard as to how to deal with the waiver of legal representation. Nonetheless, the fact that the ICTY allowed alleged war criminals such as Milošević, Šešelj, and Karadžić to represent themselves has generated criticism. This chapter outlines the problems the ICTY has faced, and is still facing, in accommodating an accused's wish to conduct his or her own defence. For instance, should it allow the self-represented accused the assistance of legal advisors and provide legal aid to such accused? It scrutinizes the commendable efforts that the ICTY has made to uphold this right. But it also addresses the flaws in legal reasoning and inconsistencies, even within the course of a single case, that have accompanied the decisions of the ICTY allowing self-representation.
13 Command Responsibility at the ICTY—Three Generations of Case-law and still Ambiguity
Authors: Sliedregt Elies van 
Published: October 2011

Abstract
ICTY case law has been instrumental in developing the concept of command responsibility. In creating a basic model of liability, firmly entrenched in the three basic elements identified in the Čelebići case, the Tribunal has done international criminal law a service. This is not to say that ICTY case law has no flaws and that other (international and national) courts should follow its law uncritically. Command responsibility is one of the most complex liability theories in international criminal law. Article 7(3) of the ICTY Statute, and the case law that ensues from does not fully do justice to the complexities of this liability theory. As a result, its nature remains ambiguous to date.
16 Civilizing Civil War: Writing Morality as Law at the ICTY
Authors: Zahar Alexander 
Published: October 2011

Abstract
International law governing international armed conflict has grown since 1945 to include many crimes for which individuals may be held criminally liable. The ICTY and its supporters claim that much of this law has been extended to non-international armed conflict. This chapter argues that the rapid growth of internal-armed-conflict law at the ICTY has been accomplished by an ICTY moral philosophy masquerading as method. The tribunal's judges were well aware that the majority of states were, as late as 1977, opposed to, or had doubts about, such expansionism. Under a veneer of legality, a humanitarian sentiment that had been blocked by states at the diplomatic conferences convened by the ICRC found an opening with the establishment of the ICTY. Can the ICTY's law survive in the long term against the power of sovereign interest? The chapter considers this question in the light of the United States' critique of the ICRC's 2005 customary-law study.
Probabilities in Realist Views of Quantum Mechanics
Authors: Timpson Christopher G. 
Published: October 2011

AbstractThis chapter examines probabilities in views that take a realist stance on quantum mechanics, i.e., the Ghirardi-Rimini-Weber (GRW) theory, the Bohm theory and the Everett interpretation. The GRW theory is found to claim a world that is chancy at a fundamental level at which ‘hits’ occur following an objective probability distribution. Although the Bohm theory gives up indeterminism, it is shown to allow for objective probabilities, this time ranging over initial conditions. However, the theory has difficulties in explaining the validity of the Born Rule. The Everett interpretation is found to be more satisfying in this respect. As Wallace and Deutsch have shown, rational agents in a many-world scenario should set their credences following the Born Rule if they choose among quantum games.
Physics and the Humean approach to Probability
Authors: Hoefer Carl 
Published: October 2011

AbstractThis chapter defends a Humean approach to objective probabilities in physics. Two motivations for a Humean account of probabilities are distinguished: One derives from a general commitment to a Humean account of natural laws. The other, which is articulated in more detail in the chapter, starts from worries that irreducibly probabilistic physical laws are problematic. Such worries are avoided if probabilities are tied to a best system of the world, as D. Lewis has suggested. Lewis’ own account of objective chance is contrasted with a more pragmatic Humean account, in which objective probabilities are divorced from the best system and tied to systems of less simple probability rules instead. The chapter compares the abilities of both Humean accounts to capture the probabilities appearing in our best physical theories.
Discourse, Truth, and Friendship
Authors: Finnis John 
Published: October 2011

AbstractThis chapter presents an examination of Habermas's ‘Discourse Ethics’, originally read in his presence in 1998. The chapter proceeds with a close reflection on Plato's Gorgias, which demonstrates that Habermas's ‘discourse ethics’ is unreasonable in proposing the criterion of ‘acceptability from the perspective of every other person's understanding of himself and the world’. Plato's Socrates has already shown that this is self-refuting. Socrates also shows the basis for human equality and justice: recognition that intrinsic human goods such as knowledge and friendship are realizable in others' lives as much as in my own. The Socratic/Platonic transformation of the Sophistic opposition between nature and law into an understanding of natural law is traced out, along with the advance from first principles to exceptionless moral norms excluding the killing of the innocent. The distinction between ethics and morality is shown to be as ungrounded and misleading as Rawls's ‘public reason’.
Reason, Authority, and Friendship
Authors: Finnis John 
Published: October 2011

AbstractThe first section of this chapter engages with Hart and Kelsen on the method of legal theory, in a close dialectic with Aristotle's method in his Politics, especially his identification of central and secondary cases of social realities, and his grounds for attributing centrality or non-centrality. Exploration of Aristotle's appeal to the standards of the morally sound person leads to the second section, examining the course of 20th-century English moral philosophy through the eyes of Geoffrey Warnock, and with special reference to Philippa Foot (whose comment on the chapter is the subject of a long endnote). Friendship, it is argued, carries us beyond the contrast between egoistic flourishing and justice, though Aristotle's account of friendship has its difficulties, too. Recognition of legal obligation is, centrally, appreciation of one's moral obligation.
Reason, Universality, and Moral Thought
Authors: Finnis John 
Published: October 2011

AbstractThis chapter presents an unpublished 1971 essay on Hume's basic theses about moral judgments and predicates argues that those theses attribute more to reason (and reasons) than Hume officially allows. The need to judge reasonably is more basic and motivating than the need to attain a common judgment. For first-person questions such as ‘Do I think that p?’ is transparent for ‘Is it right — reasonable — to think that p?’, and the agreement of others is irrelevant to questions of the latter kind. This line of inquiry leads to a first formulation of the theses further developed in the previous chapter about first practical principles, and specifically about friendship, practical reasonableness, and the viewpoint of the impartial but concerned observer or universal spectator.
Objectivity and Content in Ethics
Authors: Finnis John 
Published: October 2011

AbstractThe main part of this chapter, written in 1975, is a close study of key theses or themes in Wittgenstein's On Certainty, in conscious opposition to Kenny's standard reading of that work. It is argued that Wittgenstein is implicitly exploiting the ‘retorsive’ dialectic of self-referential performative inconsistency that is explored in the later chapters. Later parts of this chapter compare and contrast the understanding of value in, on the one hand, Lonergan and von Hildebrand and, on the other hand, Germain Grisez, whose strategy in moving from value to moral responsibility is also briefly outlined.