bluuebunny/crossref_metadata_2025_split huggingface dataset:
Morality and the theory of rational choice
Authors: Coleman Jules L. 
Published: January 2010

Abstract
This chapter considers the possibility of analysing morality as a solution to the problem of market failure. Here, morality is viewed as the outcome of a rational bargain nested in a prisoners' dilemma. In his book Morals by Agreement, David Gauthier argues that morality can be the outcome of a rational bargain. The chapter takes up the possibility of deriving morality from rationality. Whatever the specific shortcomings of Gauthier's argument, its great power is in seeing the deeply instrumental nature of morality. Morality is a social construct devised to solve problems that arise from the logical structure of human interaction. Like much of our normative life, a defensible morality is tied up with mutual advantage in ways the market failure-prisoners' dilemma paradigm enables us to see — to which other ways of modelling the problem blind us.
Risks and Wrongs
Authors: Coleman Jules L. 
Published: January 2010

Abstract
This book is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The book approaches the subject from the premise that the market is central to liberal political, moral, and legal theory. The first part of the book rejects traditional rational choice liberalism in favor of the view that the market operates as a rational way of fostering stable relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to this book, is as an institution designed to reduce uncertainty and thereby make markets possible.
Filling in the gaps
Authors: Coleman Jules L. 
Published: January 2010

Abstract
This chapter addresses the question of how incomplete contracts are to be interpreted and by what principle are incomplete contracts to be complete. When transaction costs make an explicit agreement to costly ex ante, the court should apply a default or gap-filling rule that ‘mimics’ the outcome of a hypothetical contract between them. The hypothetical contract is the one the parties would have made had the transaction costs not made their deal so irrational. The chapter presents a theory that invites characterizing the ex ante contract in rational bargaining terms: If the actual contract expresses what the parties take to be a rational agreement between them, then when their agreement is incomplete and needs to be interpreted or filled in by a court it should express what it would have been rational for the parties to agree to. The move from actual to the hypothetical should not change the content of the principle.
The mixed conception of corrective justice
Authors: Coleman Jules L. 
Published: January 2010

Abstract
This chapter distinguishes between three different conceptions of corrective justice: the annulment thesis, the relational conception of corrective justice, and a mixed conception of corrective justice. It then defends one of these conceptions — the view that it is the duty of wrongdoers in corrective justice to repair the wrongful losses for which they are responsible.
Corrective justice and tort law
Authors: Coleman Jules L. 
Published: January 2010

Abstract
Chapter 17 developed the relevant conceptions of wrongdoing and wrong, outlined the relevant theory of responsibility, and explored some ways in which the underlying norms sustained by corrective justice are constrained by the facts that corrective justice imposes moral reasons for acting and constitutes a kind of justice between parties. This chapter develops the connection between corrective justice so conceived and the core of Anglo–American accident law.
Is Establishment Consistent with Religious Freedom?
Authors: AHDAR REX , LEIGH IAN 
Published: January 2010

Abstract
According to the prevailing view, freedom of religion is necessarily a condition that can exist only in the absence of an established church or faith. A nation that singles out a church for special privileges or accords it a unique higher status is, broadly speaking, being ‘unfair’ and unjustly discriminates against adherents of other faiths (including those of no religion). Those who do not belong to the established faith may feel marginalised, perhaps even demeaned. This chapter argues that establishment is not antithetical to religious freedom and that religious liberty, properly understood, can co-exist with religious establishment as a matter of principle. It rejects the incompatibility position, namely, that the two concepts, religious freedom and establishment, are inherently at odds with one another. The contrary view, the compatibility position, is a stance that sees no inherent dissonance between the two concepts. The chapter concludes by looking at the principal objections to the compatibility defence — the alienation and inequality charges — and briefly reiterates the practical impossibility of perfect state neutrality.
Families, Parents and Children
Authors: AHDAR REX , LEIGH IAN 
Published: January 2010

Abstract
This chapter examines religious freedom issues that concern the family and parents. There can be no doubt that religiously devout parents are vitally interested in the successful transmission of their faith to their offspring. This is one of the prime incidents of religious liberty. The current law governing family autonomy and the religious upbringing of children is outlined, and liberal and religious conceptions of the family and childrearing are compared. The chapter looks at three controversial topics: whether a maturing child has an independent right of religious liberty, the scope of religious childrearing in the fractured family, and whether devout parents have any special religious claim to administer corporal punishment to their children amidst the growing international call for the abolition of the parental right of reasonable chastisement.
Employment
Authors: AHDAR REX , LEIGH IAN 
Published: January 2010

Abstract
This chapter discusses issues related to employment and religious liberty: the status of ministers of religion, the position of religious employees in a secular workplace, and the question of religious freedom and religious employers. Devout employees may be working within a religious framework of understanding where the final constraint on their workplace behaviour is not their employment contract but, rather, their conscience. The ‘work’ to be done can be judged from a fundamentally secular perspective, which can be characterised as an ‘instrumental’ approach — focusing on the specific task of the person concerned. In the ‘organic’ approach, however, the employee is expected to participate in the mission of the organisation as a whole in a way that cannot be confined to a job description. Religious employers clearly are one type of employer that may take this approach.
Authorial Voice and Narrative Management in Herodotus
Authors: Brock Roger 
Published: January 2010

AbstractHerodotus exhibits a distinctive authorial persona: stylistic features such as prospective sentences, anticipatory constructions, and ring-composition advance the narrative and mark its progress, while signposting and transitional markers lead the audience through it. He alludes to the progress of the narrative, provides cross-references, and asides which serve as explanatory footnotes; engages with the audience in rhetorical questions and second-person addresses, and in other ways reveals his thinking. This is not a product of naïve oral style: he is capable of sophisticated periodic prose, and the work is artfully structured; rather it is a deliberate response to his complex and multifarious material and its broad time-frame and large cast, designed to reassure and guide his audience and to establish his authority.
Panionios of Chios and Hermotimos of Pedasa (Hdt. 8. 104–6)
Authors: Hornblower Simon 
Published: January 2010

AbstractThis chapter focuses on one of the grimmer stories in Herodotus, and its grimness may explain its neglect in most modern books about him. The context of the story in Book 8 (104-6) is the defeated Xerxes' decision in 480 bc to send his children ahead of him to Ephesus. They are to be accompanied there by Artemisia Queen of Halikarnassos, but guarded by Hermotimos of Pedasa, second to none among the king's eunuchs. It is argued that this story is not literally true. It conforms to a story pattern of a biblical type, the story in two halves of Joseph the Jew who became Joseph the Egyptian. Hermotimos is a Karian who is physically maltreated by castration and sold into Persia by a man from Chios called Panionios, who bears a unique personal name suggesting the Ionian festival and religious centre called respectively the Panionia and the Panionion. This half of the story stands for the combined process by which colonizing Greeks on the one hand subjugated the indigenous inhabitants of the East Aegean region, while on the other hand asserted their own superior and exclusivist identity by forming groupings such as the Panionion.
Herodotean Chronology Revisited
Authors: Rhodes P. J. 
Published: January 2010

AbstractThis chapter studies the kinds of chronological information given in Herodotus' history, arguing that there is a Persian-based series of dates for the Ionian Revolt and the Persian Wars, 500-480 (and reviving the suggestion of W. G. Forrest that a notorious problem can be solved if we believe that Darius' heralds to Greece were sent before Mardonius' campaign of 492 rather than before Datis' and Artaphernes' campaign of 490); before that he has no systematic chronology but regnal years and similar data which have come to him with his various stories, but if we try to combine his data as he himself did not we find that they are more often compatible than problematic.
Who Was Actually Buried in the First of the Three Spartan Graves (Hdt. 9. 85. 1)? Textual and Historical Problems
Authors: Gilula Dwora 
Published: January 2010

AbstractRosén's is the last major edition of Herodotus' text, but it has not as yet replaced that of Hude as the preferred text used by students of Herodotus. This chapter discusses several examples that illustrate the various non-linguistic considerations that led editors and scholars to emend the text and change its meaning, even against the consensus of all the MSS. All the examples are from Books 8 and 9 of Herodotus, emendations that passed from generation to generation, from one edition of the text to another, gaining honour, acceptance, and permanence with the passage of time.
Oracles for Sale
Authors: Bowden Hugh 
Published: January 2010

AbstractThis chapter examines the role of chresmologoi (oracle interpreters) and written collections of oracles in the life of the Greek cities in the archaic and classical period. It demonstrates that the hostile picture of chresmologoi and manteis (seers) found in the works of Aristophanes and other writers is not accurate. Epigraphic and other evidence shows that religious experts like these were given honours by cities, and their advice was formally sought. Cities held collections of written oracles, guarding them carefully and consulting them on a range of issues.
Environmental Principles
Authors: de Sadeleer Nicolas 
Published: January 2010

AbstractThis book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Since the early 1970s environmental issues have taken on an ever increasing profile. This has been due in part to a fundamental change in the type and scale of risk posed by industry. Issues such as global warming, GM food, and mad cow disease typify the new kinds of risk: potentially catastrophic consequences could ensue yet there is no scientific agreement over their precise causation, duration and other concerns. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter-pays principle, the preventive principle and the precautionary principle. The author examines the legal force of these principles and in the process offers a novel theory of norm formation in environmental law by unearthing new grounds of legality, comparing environmental laws across Europe, the Unites States and Australia. The book will be of interest to all with an interest in environmental law and policy, in the relationship between law and science, and in the ways in which political and ethical values can become embodied in laws.
Theoretical Presentation of Modern and Post-Modern Principles
Authors: DE SADELEER NICOLAS 
Published: January 2010

AbstractThis chapter begins by identifying the various elements that together define modern and post-modern law. It explains how legal principles function within each of these legal models, for both international and municipal law, with particular attention to the role they assume in the field of environmental law. It highlights the distinction that must be made between General Principles of Law, which are characteristic of modernity, and directing principles, which are better suited to adapting to the shifting forms that characterize current public policies including environmental policy. It demonstrates that directing principles do not represent a complete break with modernity, since they eventually result in the rediscovery of the same values upon which modernity is based. It explains that post-modernity is not merely a chaotic system composed of anti-modern elements; rather, it is a system whereby chaotic elements are ordered differently from modern law.
The Legal Status of the Directing Principles of Environmental Law: From Political Slogans to Normative Principles
Authors: DE SADELEER NICOLAS 
Published: January 2010

AbstractThis chapter explains that the fact that these directing principles are set out in texts of varying status does not deprive them of normative effect. On the other hand, by being recognised in provisions with normative effect, the principles of the polluter pays, prevention, and precaution have specific normative effect rather than being mere regulatory ideals. It clarifies that their legal status is quite unusual and typifies post-modern law, in that it is concerned with norms whose content is quite vague and which therefore lend themselves to a wide range of applications.
General Introduction
Authors: DE SADELEER NICOLAS 
Published: January 2010

AbstractThis chapter begins by presenting the aim of this book which is to determine the status and evaluate the contribution made by the three foremost environmental principles — polluter-pays, prevention, and precaution — to the construction of environmental law at the international, EC, and national levels. It then highlights that the concept of risk has become the activating concept of modern environmental law. It notes that most of the environmental risks produced by industrial society have been the subject of preventive regulatory measures. Moreover, this chapter explains that a new generation of risks has emerged due to the general inability of scientists to make reliable predictions about hazards due to uncertainties or insufficient knowledge and, on the other hand, by the impossibility of assessing the character of damage that might occur. It focuses on the possibility that law makers may choose more open concepts, particularly those principles for which no fixed definition can be found.
Private Property and Abuse of Rights in Victorian England
Authors: Taggart Michael 
Published: January 2010

Abstract
The case of The Mayor, Aldermen and Burgesses of the Borough of Bradford v Pickles was the first to establish the principle that it is not unlawful for a property owner — in this case, Edward Pickles — to exercise his property rights maliciously and to the detriment of others or the public interest. Though controversial at the time, today it is often invisible and taken for granted. This book explores why the common law, in contrast to civil law systems, developed in this way. During the industrial revolution, the town of Bradford in England, and with it the demand for water for industrial and domestic purposes, grew rapidly. The first part of the book explores, through an analysis of correspondence, records, and newspaper reports, the development of the Bradford water supply and the genesis of the dispute that ultimately flared into litigation at the end of the 19th century. Several aspects of the case are of enduring doctrinal importance 100 years on. The controversial and potent common law principle of interpreting statutes so as to protect property rights wherever possible is examined in depth, as is the legal uncertainty of subterranean water rights in the 19th century. The book also explains the common lawyers' refusal to recognise a continental-style doctrine of abuse of rights and the courts' failure to develop a prima facie tort doctrine to curb maliciously inspired behaviour.
Bradford and its Water Supply
Authors: TAGGART MICHAEL 
Published: January 2010

Abstract
This chapter provides an overview of the town of Bradford in England and its water supply during the 19th century. The so-called municipalisation of water supply — the purchase of private water companies by local authorities — began in earnest around mid-19th century and escalated as the century progressed. The experience of water supply in Bradford conforms to this pattern. At a time of water shortage, Many Wells Spring was identified as a copious source of supply that led the Bradford Water Company, provisionally formed in 1838, to concentrate on this single source. Water from the spring originated from the East Many Wells Farm owned by Edward Pickles and his family since the late 18th century. This chapter also discusses the Bradford Waterworks Act 1842, the incorporation of Bradford, the municipalisation of the Bradford water supply, and the role of Many Wells Spring in the water supply and consequently, the development of Bradford.
Coal, Stone, and Water at East Many Wells Farm
Authors: TAGGART MICHAEL 
Published: January 2010

Abstract
The Bradford district (Corporation) of England had been known for its coal deposits since the Middle Ages, and useful quantities of coal existed in the Parish of Wilsden, particularly around Many Wells Spring. Edward Pickles's father and grandfather exploited the coal and stone under their land. A constant refrain of Edward Pickles and his solicitor in the long-running dispute with the Corporation was that all Pickles wanted to do was to work [his] stone and minerals as an ordinary landowner. Pickles claimed that there was valuable flagstone underneath his property close to the boundary with the Corporation's waterworks. There was considerable demand at the time for flagstone for street improvements. This chapter looks at the events that led to the water dispute between Bradford and Edward Pickles, triggered by Pickles's decision to dig a tunnel past his East Many Wells Farm.
To Court
Authors: TAGGART MICHAEL 
Published: January 2010

Abstract
Bradford won the case against Edward Pickles at first instance, with North J. of the Chancery Division granting an injunction restraining Pickles from continuing with his tunnelling works. The judge viewed section 4 of the Bradford Waterworks Act of 1854 as the identical successor to section 233 of the original Bradford Waterworks Act of 1842, and interpreted that provision as preventing Pickles's appropriation of the underground water before it united into a defined stream or entered the Corporation's land. Pickles appealed the decision, arguing that North J. was wrong on the statutory interpretation point and right on the common law point that intention was irrelevant. The Corporation argued the converse, but this time the judges sided with Pickles. This chapter discusses the litigation, the elevation of the case to the House of Lords, the reaction of the press to the case, the financial strain caused by the litigation on Pickles, and whether Pickles was acting with malice in his dispute with Bradford over water supply.
Standardization and Expert Knowledge
Authors: Jacobsson Bengt 
Published: January 2010

Abstract
Standardization is closely related to expertise and is usually justified on the grounds that there are some people who know best. This chapter discusses the character of such expertise and its implications for democracy. It addresses the risk that expert groups may emerge claiming that they ‘know what is best’ but remaining responsible to no one. It examines what kind of expert knowledge is said to be embodied in standards, emphasizes that standards are expert knowledge stored in the form of rules, and considers the relationship between standardization and the role of experts in modern societies. Not all experts are standardizers; some are not involved in standardization at all. It is debatable whether all standardizers should be considered experts. Some of those who are called standardizers have often been criticized precisely for their lack of expert knowledge.
Organizing the Process of Standardization
Authors: Hallström Kristina Tamm 
Published: January 2010

Abstract
This chapter describes how an international standards organization is established and how one can create agreement about standards and legitimacy for the organization and its standards. Standards are sometimes developed by organizations other than those which have standardization as their official purpose. The International Organization for Standardization's (ISO) Technical Committee 176, which is responsible for the ISO 9000 standard, is used as a case study to analyze how international standards organizations develop standards and how problems and ways of solving them are identified and discussed within the organization. The study focuses on the organizational aspects of international standardization work.
Standardization and Uniformity
Authors: Brunsson Nils 
Published: January 2010

Abstract
This chapter looks at the factors that must be present to achieve uniformity of standards. Standardization is expected to result in uniformity: that many will resemble each other in both appearance and behaviour. The chapter discusses standardization in relation to groups of actors. In order to clarify the role of standardization in creating uniformity, several other processes which can also lead to uniformity are considered. Uniformity can be achieved through diffusion, innovation, and imitation. Rules and adherence to them may also lead to uniformity.
4 The Evolution of French Capitalism
Authors: WINDOLF PAUL 
Published: January 2010

Abstract
This chapter looks at the evolution of capitalism in France. The analysis concentrates on the question whether the governance structure of large French corporations is an example of a lagged modernization process or whether it represents a genuine type of corporate governance which may be as efficient as the shareholder value model. The transformations from family to managerial, and from managerial to shareholder value capitalism may be described as sequential stages in the evolution of the capitalist system. This chapter discusses modernization theories, theories of social evolution, network configurations in France, and French capital networks and interlocking directorates. In France, two types of corporate networks are differentiated: a network that is integrated through several levels of hierarchical coordination, and a network in which the internal integration stems from ownership and family relations.