bluuebunny/crossref_metadata_2025_split huggingface dataset:
7 Grave Breaches of the 1949 Geneva Conventions
Authors: Mettraux Guénaél 
Published: January 2010

Abstract
Each of the four Geneva Conventions of August 12, 1949 contains a ‘grave breaches’ section, each differing from other categories of war crimes in at least two important respects. First, grave breaches only apply to armed conflicts of an international character (or to a state of occupation) and not to internal armed conflicts. The second main characteristic of the grave breaches regime concerns the status of those protected by it, in that the protection afforded thereunder is limited to specific categories of individuals (‘protected persons’) and properties (‘protected properties’). This article discusses the chapeau elements of war crimes contained in the statute of the ad hoc tribunal for the former Yugoslavia which constitute grave breaches of the Geneva Conventions, including wilful killing, torture and inhuman treatment including biological experiments, wilfully causing great suffering or serious injury to body or health, and wilfully depriving a prisoner of war or a civilian of the rights of a fair and regular trial.
10 Crimes against Humanity in the Statutes of the ad hoc Tribunals
Authors: Mettraux Guénaél 
Published: January 2010

Abstract
The ad hoc tribunals created for Rwanda and the former Yugoslavia have had an immense influence on the law of crimes against humanity. In essence, the definition of crimes against humanity as identified by the two tribunals consists of two superimposed layers. The first layer contains the chapeau elements or general requirements of the offence, whereas the second layer consists of one of the listed underlying offences, such as torture or murder. The statute of the tribunal for the former Yugoslavia requires (whilst the statute of the tribunal for Rwanda does not) that crimes against humanity must be committed in armed conflict, whereas the statute of the tribunal for Rwanda (but not for the former Yugoslavia) requires that crimes against humanity must involve national, political, ethnic, racial, or religious discrimination.
13 Genocide and International Criminal Tribunals
Authors: Mettraux Guénaél 
Published: January 2010

Abstract
The concepts of ‘genocide’ and ‘crimes against humanity’ essentially arose as a reaction to the crimes committed by Nazi Germany during the Second World War. Perhaps even more than crimes against humanity, genocide has continued to be associated in popular imagination with the Holocaust. It is somewhat paradoxical therefore to observe that the events which came to best illustrate this crime were in fact so neglected in the judgment of the International Military Tribunal in Nuremberg. This chapter discusses the indictment presented by the prosecution to the tribunal against perpetrators of crimes during the Holocaust, the contribution of the ad hoc tribunals for the former Yugoslavia and for Rwanda to the law of genocide, and the International Criminal Court’s approach to genocide.
15 Underlying Offences
Authors: Mettraux Guénaél 
Published: January 2010

Abstract
Articles 4(2)/2(2) of the statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia say that genocide means any of the following acts committed with intent to destroy in whole or in part, a national, ethnical, racial or religious group, as such, and then go on to list the following acts: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group (sexual mutilations, sterilisation, forced birth control, separation of the sexes, and prohibition of marriages); forcible transfer of children of the group to another group. This chapter also examines whether the list of crimes provided for in Articles 4(2)/2(2) of the statutes is exhaustive, or whether other underlying offence may qualify as genocide if the perpetrator bears the required mens rea.
22 Convictions Under Articles 7(1) and 7(3) of the ICTY Statute and Articles 6(1) and 6(3) of the ICTR Statute
Authors: Mettraux Guénaél 
Published: January 2010

Abstract
If the conditions of liability required by both Articles 7(1)/6(1) and 7(3)/6(3) of the statutes of the ad hoc tribunals for the former Yugoslavia and for Rwanda, respectively, are met, could the accused then be found responsible for taking part in the commission of this crime as well as failing in his duty to prevent or punish it? While Articles 7(1)/6(1) sanction an individual’s involvement in the commission of a crime, Articles 7(3)/6(3) punish the superior’s failure to fulfil his obligations as a commander which are specifically placed upon any superior or commander. In order to show the totality of his guilt while not convicting him twice for the same acts, the appeals chamber said that an accused who meets the requirements of both Article 7(1) and Article 7(3) of the statute for the Yugoslav tribunal should be convicted pursuant to Article 7(1) whilst his position as a superior should be regarded as an aggravating factor for sentencing.
23 Cumulative Charging and Cumulative Convictions
Authors: Mettraux Guénaél 
Published: January 2010

Abstract
When deciding to indict an individual for serious violations of humanitarian law, the prosecutors of the ad hoc tribunals for Rwanda and the former Yugoslavia enjoy a great deal of discretion in the choice of charges that they may bring against an accused. However, the choice of the prosecutor when charging an accused is also dictated by particular policy choices. It is clear that, where the accused has been convicted cumulatively in relation to the same conduct, and because the fact of cumulative conviction may in itself constitute a form of punishment, the court must take the fact of cumulative conviction into account so that the final or aggregate sentence reflects the totality of the criminal conduct and overall culpability of the offender so that he is not prejudiced by reason of the multiple convictions entered against him on the basis of the same facts.
Pedagogy, Fiction, and the Art of Renunciation: Wilhelm Meister’s Journeymanship, or the Renunciants
Authors: Bell Michael 
Published: January 2010

Abstract
This chapter shows how Goethe's much later Wilhelm Meister novel presses even more radically the critique of Wilhelm's Bildung. It becomes not just a critique of Wilhelm, but a renunciation of his very ideal of rounded humanistic culture. Following hints in the last book of the Apprenticeship, Wilhelm rejects theatre for the pursuit of medical science as his contribution to the Society of the Tower of which he is now a member. The later book advocates acceptance of specialisation as the best form of personal development in modernity, avoiding the seductive illusions of dilettantism. Meanwhile the book itself, renouncing narrative authority and the more accessible attractions of the earlier novel, derives its material, largely as a series of sub-narratives, from the archive of the Society. Thematically, it concentrates on the follies of parenthood and middle age while its aphoristic wisdom is constantly bracketed with self-undercutting irony.
Bacchylides
Authors: Fearn David 
Published: January 2010

Abstract
This book combines close literary analysis of Bacchylides' poetry with detailed discussion of the central role poetry played in a variety of differing political contexts throughout Greece in the early 5th century BC. In Bacchylides' praise poetry, it is argued, the poet manipulates a wide range of earlier Greek literature not only to elevate the status of his wealthy patrons, but also to provoke thought about the nature of political power and aristocratic society. New light is also shed on Bacchylides' Dithyrambs, through detailed discussion of the evidence for the kuklios khoros (‘circular chorus’) and its relation to a variety of different religious festivals, especially within democratic Athens. The links created between literary concerns and cultural contexts reinvigorate these underappreciated poems and reveal their central importance for the self-definition of political communities.
Contexts
Authors: FEARN DAVID 
Published: January 2010

Abstract
This chapter considers some other contexts in which Bacchylides' Dithyrambs were originally performed. It begins with Bacchylides 20 and Sparta, a case where performance by a kuklios khoros remains only a possibility. It then moves on to cases where kuklioi khoroi are fully documented, in preparation for a full treatment of Bacchylides 15 in the final chapter.
Bacchylides 15: Troy in Athens
Authors: FEARN DAVID 
Published: January 2010

Abstract
This chapter argues that Bacchylides 15, which narrates part of the embassy of Menelaos and Odysseus to Troy, discusses matters of fundamental concern to the city of Athens through a twin engagement: through performance, with the cult of Athena; textually, with Homer and Solon, both poets regarded as Athenian cultural treasures at the time of Bacchylides' composition. Performative and textual engagements, taken together, opens the way for a more excursive exploration of issues relating to Athenian cult and performance culture, and the issue of the security of poleis that the poem addresses, by way of the implicit parallel drawn between Athens and Troy, the site of the poem's narrative.
Quantum communication with entanglement
Authors: Vedral Vlatko 
Published: January 2010

Abstract
This chapter discusses some of the ways in which quantum entanglement can be used for quantum communication. Suppose Alice and Bob share an entangled state: they can use it for dense coding, in which Alice sends Bob just one qubit of an entangled pair, which delivers two bits of classical information. Alice and Bob can also use an entangled state for teleportation, in which a qubit in a unknown quantum state is teleported from Alice to Bob when Alice sends Bob two classical bits. Entanglement swapping is an example of a tripartite communication protocol. If Alice and Bob share entanglement, and Bob and Charlie share entanglement, entanglement swapping can be used to entangle Alice and Charlie. Even if Alice and Bob are entangled, Alice cannot communicate with Bob without sending him classical bits or qubits, which prevents Alice and Bob from breaking the laws of relativity. This chapter also discusses Pauli matrices and the extension of Hilbert spaces.
Quantum entanglement—introduction
Authors: Vedral Vlatko 
Published: January 2010

AbstractThe Mach–Zehnder interferometer experiment described earlier shows why and how quantum mechanics is different from classical mechanics. A photon sent through a beam splitter behaves like a particle when it is observed by only one of the two detectors. When two beam splitters are used, the photon “interferes with itself” and behaves like a wave. This is the so-called wave-particle duality of quantum mechanics which leads to quantum entanglement. This chapter discusses quantum superpositions when two or more particles are present. Understanding and analysing entanglement is one of the most interesting directions in the field of quantum information. First, a historical background of quantum entanglement is given, followed by a discussion on Bell's inequalities, separable states that do not violate Bell's inequalities, pure states that violate Bell's inequalities, mixed states that do not violate Bell's inequalities, and entanglement in second quantisation.
7 Religion in the Theatre
Authors: Parker Robert 
Published: January 2010

Abstract
In ancient Greece, plays were performed at public religious festivals, and there are few tragedies that do not contain a reference to a god or gods in the first twenty lines. The cultural context of the two forms of drama is clearly very different; and in the case of Attic, it is sensible to ask what relation exists between the plays and public religion. The more important genre is tragedy, but comedy also receives some attention. At a mundane level, one can study the extent to which the religious world of tragedy resembles that of contemporary Athens, and can thus be exploited by the historian as a source. The tragedies have reflected, but must also have shaped, the religious experience of the citizens, of which they formed a part. The theatre, it can be argued, was the most important arena in Athenian life in which reflection on theological issues was publicly expressed.
Constitutional Principles: Political Rights
Authors: BRUDNER ALAN 
Published: January 2010

Abstract
This chapter discusses the shape of the political rights generated by the constitution of liberty — in particular, the contours of the right to political speech, election spending, and equality. It contrasts the rightful limits of civil and political speech; and it argues that the rightful limits of political speech vary depending on whether speech accepts the ruling conception of public reason and merely criticizes the ruler's specification thereof or criticizes the ruling conception itself. It explains the libertarian right to equality as a right to be ruled by laws embodying mutual respect for freedom of choice. The meaning of this right is spelled out, and the shortcomings of the libertarian conception of equality are discussed. Finally, the chapter argues that the libertarian conception of public reason collapses into either majoritarian, judicial, or founders' despotism, giving way to a better conception informing a new constitutional paradigm: egalitarian liberalism.
The Liberal Duty to Recognize Cultures
Authors: BRUDNER ALAN 
Published: January 2010

Abstract
How can liberal states respect the ways of cultural communities without surrendering the authority of liberal public reason? How can cultural communities recognize the authority of liberal public reason without surrendering their moral independence? This chapter argues that a liberal duty to recognize cultures can be reconciled with strong constraints on a culture's practices that do not appear to nonliberal cultures as alien impositions. Cultural membership is a liberal good because it is a source of individual worth. Yet it is insufficient for individual worth because it fails to satisfy the autonomous personality that cultures themselves partially recognize. The good of culture is thus a constituent element of the community sufficient for dignity, which also promotes self-authorship. This framework is applied to delimit both a liberal state's authority to restrict liberty for the sake of cultural survival and its duty to accommodate the nonegalitarian practices of a cultural group.
Disobedience
Authors: GREEN STUART P 
Published: January 2010

Abstract
Having considered the concepts of cheating, deception, stealing, coercion, exploitation, disloyalty, and promise-breaking, the discussion now turns to the final moral norm, that against disobedience. This is undoubtedly the most controversial of the moral norms that we are considering and many are skeptical that disobedience to the law is a form of moral wrongfulness in the first place, let alone the kind that should justify penal sanctions. This chapter dispels some of this skepticism and makes the case that disobedience to the law is a potentially relevant consideration in assessing the moral content of certain white-collar and regulatory crimes.
Perjury
Authors: GREEN STUART P 
Published: January 2010

Abstract
At common law, perjury was considered one of the most odious of offenses. According to William Hawkins, perjury ‘is of all Crimes whatsoever the most Infamous and Detestable’. Under the Code of Hammurabi, the Roman law, and the medieval law of France, the punishment for bearing false witness was death; in the colony of New York, punishment included branding the letter ‘P’ on the offender's forehead. In recent studies of public attitudes toward crime, perjury continues to be viewed as a very serious offense. This chapter shows exactly what it is that makes perjury morally wrong, and how the contours of such moral wrongfulness shape the contours of the legal doctrine by which the crime is defined. It explains how an understanding of the underlying moral concept of ‘lying’ illuminates our understanding of the perjury case against Bill Clinton that was first mentioned in the Introduction.
Bribery
Authors: GREEN STUART P 
Published: January 2010

Abstract
Bribery has a claim to being the quintessential white-collar crime: its perpetrators are typically upper-income professionals; it is invariably committed in the context of governmental or commercial activities; its harms are subtle and often attenuated; its victims are difficult to detect; and, often, the only thing that separates bribery from legitimate ‘gifts’ is a hard-to-prove mental element of willfulness or, even more obscurely, ‘corruption’. The potential for moral ambiguity in the crime of bribery is illustrated by the case of House Majority Leader Tom DeLay, who allegedly told Congressman Nick Smith that, in return for his vote for President George W Bush's Medicare bill, they would give his son, Brad, substantial financial and political support in his congressional campaign. The question is: was this bribery or just political log-rolling? This chapter uses this and other problematic cases to analyze two more foundational issues: (1) why is bribery morally wrong?; and (2) where should the outer limits of the offense lie?
The Structure of Criminal Responsibility
Authors: TADROS VICTOR 
Published: January 2010

Abstract
This chapter is concerned with some of the distinctions that are central to our understanding of criminal responsibility. These include the distinction between offences and defences as well as the categorisation of defences. It is argued that the condemnatory function of the criminal law, rather than its role in guiding conduct, is central to understanding the distinction between offences and defences. And it is argued that defences are best separated into three categories: exemptions, justifications, and excuses.
Exemptions from Criminal Responsibility: Natural, Social and Political
Authors: TADROS VICTOR 
Published: January 2010

Abstract
There are different kinds of exemptions from criminal responsibility that are available. Some, such as diplomatic immunity are primarily political in nature. Others are based on the fact that the defendant does not have the capacity to be regarded as a responsible agent. This latter kind of exemption is the main focus of the chapter. It is argued that claiming an exemption from responsibility need not be demeaning to the defendant, and that many exemptions have both natural and social origins.
Reality and Appearance in Justification Defences
Authors: TADROS VICTOR 
Published: January 2010

Abstract
In the area of justification defences, there are three positions that are commonly defended. Some people defend the view that a person is justified in what they did only if the facts warrant their conduct whether or not they were aware of those facts. Others defend the view that a person may be justified if the evidence would lead a reasonable person to do what the person did even if things turn out badly. Dual theorists think that the facts must warrant the defendant in doing what he did and the defendant must have been aware of, and motivated by, the relevant facts. In this chapter the second view is argued for.
Protected Interests
Authors: van Dam Cees 
Published: January 2010

Abstract
This chapter deals with protected interests in Europe, with emphasis on personality rights, particularly the protection of the right to privacy. Personality rights also include the right to family life, and the present chapter considers what role this right plays in cases which have become known as wrongful conception (wrongful birth) and prenatal harm (wrongful life). It also analyses the protection of property, and answers the question as to whether property interests represent only the value of a damaged object or also the value of using it. Finally, the protection of economic interests, which are less protected than either personal interests or property interests, is discussed. Particularly in England, it is feared that a general rule to compensate pure economic loss would lead to a cascade of claims and would make tort law unsustainable. In France, however, tort law has survived such a general rule.
Strict Liability
Authors: van Dam Cees 
Published: January 2010

Abstract
This chapter analyses the concept of strict liability in Europe. It shows that the difference between fault liability and strict liability is a gradual rather than a principle one. When finding rules, courts and legislators in all jurisdictions use different elements from both categories to achieve the best mix. However, what is considered to be the best mix differs throughout the legal systems. France prefers it with many elements of strict liability whereas England prefers it with a huge amount of negligence elements. Three variations on strict liability are considered: liability with an extra debtor, liability for a defective object, and liability with a limited defence.
Causation
Authors: van Dam Cees 
Published: January 2010

Abstract
This chapter explores causation as it relates to tort law in Europe and the European Union, with emphasis on whether a causal connection can be established between the tortfeasor’s conduct or the cause for which he is strictly liable on the one hand and the damage on the other. Particular problems arise if it is hard to establish who caused the damage or if there is more than one possible legal cause for the damage. In matters of causation of harm to health, it is pivotal and often decisive who has the burden of proof. A general difference in causation matters is that England and France approach this requirement in a rather practical way, whereas Germany has developed detailed theories in order to get to grips with the concept of causation.
Damage and Damages
Authors: van Dam Cees 
Published: January 2010

Abstract
This chapter discusses damage and damages, including contributory negligence, as they relate to tort law in Europe and the European Union. The rights to compensation of the victim for personal injury differ substantially from system to system, particularly in the area of non-pecuniary loss. Differences are also apparent if someone gets injured or dies as the consequence of an accident, in which case his relatives will also suffer harm: pecuniary harm for the loss of maintenance and non-pecuniary harm for the loss of a beloved one (damages for bereavement or for grief and sorrow). The chapter also analyses the rules applying to the victim’s contributory negligence. Whereas England and Germany are reluctant in attributing contributory negligence to children, the approach in France is remarkably less advantageous for children.
Liability for Movable Objects
Authors: van Dam Cees 
Published: January 2010

Abstract
Movable objects often play an important role when someone causes personal injury or property damage to someone else. For this category, France even holds a general strict liability rule. This chapter looks at liability for damage caused by animals, products, motor vehicles, and dangerous substances. Whereas liability for the first two categories shows a number of similarities in the various legal systems in Europe and the European Union, liability in the two latter categories deviates strongly. In England, for example, liability for motor vehicles is still based on fault, whereas France holds a system of almost absolute liability. The efforts of the European Commission to bring more harmony in liability for road traffic accidents and for damage caused to the environment have almost entirely failed. Even in the most harmonised area, that of liability for defective products, important differences remain throughout the legal systems.