bluuebunny/crossref_metadata_2025_split huggingface dataset:
Treaty Interpretation
Authors: ALDRICH GEORGE H. 
Published: April 2012

Abstract
It is generally acknowledged that the Vienna Convention on the Law of Treaties of May 23, 1969 codified the relevant law. Despite this definitive guidance, when the Iran–United States Claims Tribunal first faced a question of treaty interpretation, it made no reference whatsoever to the Vienna Convention. The issue in that case was whether the Algiers Declarations gave the Tribunal jurisdiction over claims by the Government of Iran against nationals of the United States. Iran had asked the Tribunal to interpret the Declarations and had contended that the provisions of General Principle B of the General Declaration expressing ‘the purpose of both parties…to terminate all litigation as between the government of each party and the nationals of the other’ indicated that such jurisdiction existed despite the fact that the Claims Settlement Declaration, in Article 2, specified the jurisdiction of the Tribunal in a way that clearly excluded such jurisdiction.
Currency
Authors: ALDRICH GEORGE H. 
Published: April 2012

Abstract
Relatively few issues concerning currency arose in cases decided by the Iran–United States Claims Tribunal. While many contracts between American claimants and Iran provided for payments in Iranian rials, the 1981 Algiers Declarations established a security account in U.S. dollars for the payment of all claims against Iran. Consequently, as Awards by the Tribunal against Iran were all to be paid in dollars, with a few exceptions, the awarded amounts were stated in dollars. Thus, the principal currency question facing the Tribunal was the choice of the exchange rate for debts due in rials. Awards to Iranian parties were either in dollars or rials, depending upon the debt. While one might have expected Iranian foreign exchange controls, which were put into effect in late 1978, to be a frequent source of dispute, in fact the issue was not often addressed.
Structure and Function in Criminal Law
Authors: Robinson Paul H. 
Published: April 2012

Abstract
This book has two themes. First, it argues how the criminal law is not just a matter of theoretical interest but has important real-world practical effects. A second theme is to demonstrate that there is any number of ways in which one could structure criminal law. This chapter specifically discusses the formal and operational structures of current criminal law and evaluates its functional structure. It is also shown that a criminal code must announce to the general public, ex ante, the rules of conduct that are to be enforced with criminal penalties.
Principles of Imputation
Authors: Robinson Paul H. 
Published: April 2012

Abstract
This chapter attempts to establish that a conceptual grouping of equal importance to the definition of offences and general defences should be recognized: doctrines of imputation. It also discusses the doctrines that make up this conceptual group and demonstrates their shared operation in imputing a required offence element. In addition, it illustrates that, beyond the shared operational character, these doctrines share common theories and rationales. In general, the definition of an offence describes the elements normally required to hold an actor liable for the offence; it is that offence's paradigm for liability. Despite the absence of a required element of the definition, however, an actor may be held liable for the offence if a doctrine imputes the absent elements.
The Division of Lawmaking Powers: The Revolution that Never Happened
Authors: Bell John 
Published: April 2012

Abstract
This chapter explores the division of lawmaking powers between Parliament and Government, one of the major changes introduced in 1958. In studying the allocation of legislative power within the 1958 Constitution, it is possible to see how far the French republican constitutional tradition provides the real point of reference for that document's interpretation. This chapter begins by exploring the constitutional tradition before 1958. The picture that emerges from analysis of the actual functioning of the Constitution and from the way in which it has been interpreted belies the suggestion that the division of power between loi and règlement has been a radical revolution in the operation of French government. Parliament, far from being marginalized, has remained a central lawmaking body. Moreover, the recognition that Parliament cannot control all the rule-making that the 1958 Constitution enshrines is being taken further than the provisions of articles 34 and 37 envisaged.
Constitutional Texts
Authors: Bell John 
Published: April 2012

Abstract
This chapter presents the constitutional texts. The French people solemnly proclaims its attachment to the rights of man and to the principles of national sovereignty such as are defined by the Declaration of 1789, confirmed and completed by the Preamble to the 1946 Constitution. In virtue of these principles and that of the self-determination of peoples, the Republic offers to overseas territories that express the desire to join them new institutions based on the common ideal of liberty, equality, and fraternity, conceived with a view to their democratic evolution. The chapter specifically describes sovereignty, the president of the Republic, the government, parliament, relations between parliament and the government, treaties and international agreements, the Conseil constitutionnel, the judiciary, the high court of justice, the economic and social council, local authorities, European communities and European Union, revision, and transitional provisions. The organic law on the Conseil constitutionnel is also explained.
Interpretation
Authors: Mielke Jeff 
Published: April 2012

Abstract
This chapter presents the Pure Theory of Law's discussion of the occasion for, and the subject-matter of, interpretation; the relative indeterminacy of the lower level of the legal hierarchy; intended and unintended indeterminacy of the lower level; the norm as frame, encompassing various possibilities for application; the so-called methods of interpretation; interpretation as act of cognition or act of will; the illusion of legal certainty; the problem of gaps, so-called technical gaps; and the legislator's theory of gaps.
The Morality of Tort Law—Questions and Answers
Authors: HONORÉ TONY 
Published: April 2012

Abstract
H.L.A. Hart was writing about punishment. In his view, those who are puzzled about the justification of punishment should begin by disentangling a number of questions about the criminal process. Moreover, once one sees that a single aim will not justify every aspect of the system, one should not replace the single aim by a compound aim. One should not, for example, say that the justification of punishment is a mixture of deterrence, retribution, reform, and denunciation. According to Hart, at least six questions about punishment need to be answered separately. Hart meant his remark to apply to institutions other than criminal law, and it can certainly be applied to tort law. The theory of tort law is now the subject of a sophisticated debate, especially in North America. This chapter tries to unravel some of the questions and to suggest some answers.
Right, Justice, and Tort Law
Authors: WRIGHT RICHARD W. 
Published: April 2012

Abstract
The two principal monistic theories of law are the utilitarian efficiency theory and the Kantian-Aristotelian theory of right or justice, based on the foundational norm of equal individual freedom, which asserts that the purpose of tort law is and should be just compensation and deterrence. It is clear that the equal freedom theory, rather than the utilitarian efficiency theory, provides the foundation for morality and law in general and for tort law in particular. This chapter elaborates the equal freedom theory underlying the concepts of right and justice, arguing that this theory and its constituent concept of corrective justice undergird the general structure, content, and institutions of tort law. It expands and deepens the argument by shifting from the global perspective to a detailed normative and descriptive analysis of one of the central issues in tort law: the standards of care in negligence law.
The Standards of Care in Negligence Law
Authors: WRIGHT RICHARD W. 
Published: April 2012

Abstract
This chapter challenges the utilitarians’ claim with respect to the standards of care in negligence law. Negligence liability is the most common type of tort liability and is thought to be the most obvious example of tort law’s utilitarian foundation. If the utilitarian efficiency theory cannot explain negligence liability – its prime doctrinal example in its favorite field of common-law liability – it is in very serious trouble. Conversely, if the equal freedom theory can explain and justify negligence liability, it will have cleared what many see as the biggest hurdle for a non-utilitarian theory of tort liability. Negligence is generally described as behaviour that creates unreasonable foreseeable risks of injury. Almost all jury instructions do not provide any test or definition of what constitutes unreasonably risky behavior, other than an often circular reference to the ‘ordinary care’ that would be exercised by the reasonable or prudent person in the same or similar circumstances.
Property Law: Sources and Doctrine
Authors: Reid Kenneth 
Published: April 2012

Abstract
This chapter is concerned with the law of property. The fact that a legal system is ‘mixed’ does not imply consistency in the mixture, whether measured by subject or by time. Not only may the proportions differ from subject to subject, but the ingredients themselves may not be the same. The first part of this chapter seeks to examine, through historical eyes, the mixture of sources and influences which make up the law of property. The second part considers the literature of the law, and the attempts to bind the disparate sources into some kind of a unified theory. In the final part there is a brief consideration of two doctrines which, in different ways, typify the law of property in Scotland. These doctrines are the doctrine of possession and the law of the tenement.
Introductory
Authors: Beyani Chaloka 
Published: April 2012

Abstract
One of the most basic of human rights which international law protects allows an individual to freely move around and select where he or she wants to live within States. Such protection may have originated from the Universal Declaration of Human Rights in 1948, which accounts for the setting up of international standards for various aspects of human rights protection. Including such concerns as the freedom of movement both in terms of entering and leaving the State and travelling within the State entails certain justification for its advancement that such a basic and natural human right is now declared an essential for every individual. Literature about these concerns, however, is not given as much focus and importance as it should be given. This book therefore attempts to bridge the literature gap in issues of human rights and general international law.
The Movement and Residence of Minorities
Authors: Beyani Chaloka 
Published: April 2012

Abstract
In 1950, Sir Hersh Lauterpacht pointed out that protecting the minorities served not only as a basic human right that involves instilling peace within and between nations, but such is also important in maintaining an identity that is based on the heritage, values, and qualities that may be attributed to a certain people. Also, it is important to note that such an assessment is essential for the stability of States with particular minority groups. This chapter focuses on the protection of minority groups in line with the standards for the freedom of residence and movement within states through presenting such as standards in relation to the international law that specifically covers the welfare and protection of minorities.
Restrictions on the Movement and Residence of Refugees
Authors: Beyani Chaloka 
Published: April 2012

Abstract
From the perspective of human rights, this chapter attempts to look into the legality of restrictions enforced on the entry and residence of refugees who are trying to attain protection from places outside their country of origin. Using this approach allows us to understand how these refugees acquire a certain legal status that is determined by the host States in which they enter and move in to under international treaties and other measures that attempt to protect refugees and that there is a need for these ‘refugee specific’ standards to be synchronized with those of human rights that involve restrictions and residence of these said refugees in prisons, settlements, camps, and other such facilities.
Partial Defences to Homicide: Questions of Power and Principle in Imperfect and Less Imperfect Worlds…
Authors: Lacey Nicola 
Published: April 2012

Abstract
Partial defence and its relation to English Law are discussed in this chapter, as well as the underlying factor that this certain defence is often used to mitigate the effect of the sentence of an accused of a higher privilege and status. Could it then be argued that certain individuals of affluence and status could be excused from a rightful sentencing due to effect of partial defence upon their personage? This chapter discusses heavily the factors and the relationship of partial defence to both provocation and the English criminal law itself, giving a comparative analysis of similar cases from other governments.
Cortical connections and functional interactions between visual cortical areas
Authors: Bullier Jean 
Published: April 2012

AbstractThis chapter begins by presenting the general characteristics of interarea cortico-cortical connections. It also discusses the hierarchical organization of cortical areas. It then explores the functional streams and channels in feedforward cortico-cortical connections. In addition, a discussion on the functional roles of feedforward and feedback connections is offered. The results of thirty years of investigation on the development of cortical connections provides a more balanced view of the mechanisms involved. There is an early specification of the connectivity pattern that involves regional and areal specification.
Electro- and magneto-encephalographic and event-related potential studies of visual processing in normals and neurological patients
Authors: Münte Thomas F. , Heinze Hans-Jochen 
Published: April 2012

AbstractThis chapter provides an overview of non-invasive electrophysiological studies of the human visual system. It begins to explore the influences of passive visual stimulation using different stimuli, followed by a review of the effects of attention to location and other visual features on event-related brain potentials. It then considers recent findings linked to complex visual stimuli such as hierarchically structured objects and faces. A prevailing theme in experimental psychology is that selection of stimuli by the visual system is predominately obtained on the basis of location. Screening a complex visual scene for some relevant item or feature is a prerequisite for the survival of the individuum. It is shown that event-related potentials (ERPs) now provide a quite detailed picture of face-processing in humans. Event-related brain potentials, event-related magnetic fields, and induced activity are applied to track the fate of a visual stimulus on its way through the cortex.
Failures of visual analysis: scotoma, agnosia, and neglect
Authors: Fahle Manfred 
Published: April 2012

AbstractThis chapter deals with different types of failure to analyse the visual world, starting with the complete loss of vision, blindness, as well as blindness for circumscribed parts of the visual field, scotomata. It also reports some syndromes characterized by difficulties in perception of and discrimination between different domains or submodalities of vision, while leaving most others intact, such as acquired inability to assess visual motion, or acquired colour blindness caused by cerebral damage (achromatopsia). It then provides an overview of the most astonishing examples of failed visual perception: simultanagnosia; neglect; and Balint's syndrome. These syndromes share the phenomenon that conscious perception of objects in (parts of) the peripheral visual field is absent in spite of intact stimulation of the primary visual cortex by these objects. It also attempts to fill in some gaps of knowledge by means of speculation to produce a consistent taxonomy of symptoms encountered in visual neuropsychology. It combines the theoretical background with clinical findings and with a description of at least some of the methods used to diagnose patients suffering from failures of visual analysis.
Categorization versus similarity: the case of container names
Authors: Sloman Steven A. , Malt Barbara C. , Fridman Arthur 
Published: April 2012

AbstractThis chapter reports studies that examine a clear notion of categorization — how people choose names for simple artefacts — and three specific kinds of similarity — physical, functional, and overall similarity. Constructs are measured carefully. For naming, a straightforward, naturalistic naming task is used that does not limit participants' choices. For similarity, three different measures of the three kinds of similarity are examined: sorting, direct similarity judgement, and a measure based on feature listings of the objects. The studies are all intended to evaluate the degree to which the names of these objects can be explained by appealing to perceived similarity relations among the objects with the aim of uncovering the relation between naming and similarity.
Dissociation between categorization and similarity judgement: differential effect of causal status on feature weights
Authors: Ahn Woo-kyoung , Dennis Martin J. 
Published: April 2012

AbstractGiven that most investigators agree that categorization can be based on an expanded definition of similarity, elucidating the mechanism underlying dissociations between similarity and categorization judgements becomes important. The purpose of this chapter is to introduce one way of distinguishing deep versus surface features and then show how this framework explains dissociations between categorization and similarity. First, the chapter reviews previous demonstrations of dissociations between similarity and categorization. Next, it presents a new set of evidence showing a specific mechanism by which dissociations between similarity and categorization occur.
Structural alignment, similarity, and the internal structure of category representations
Authors: Markman Arthur B. 
Published: April 2012

AbstractThe study of categorization in psychology has typically proceeded along two parallel tracks. On the one side, researchers have explored the structure of people's existing categories. On the other side, researchers have brought categorization into the lab in order to understand how categories are acquired and used. This chapter discusses the relationship between similarity and categorization using both of these tracks. It begins by describing research on the structural alignment view of similarity. This work, which was focused initially on understanding similarity comparisons, has since been used to explore the structure of people's categories. After laying out this view and its implications, the chapter considers the more general question of what similarity is used for in cognitive processing.
Dynamic similarity: a processing perspective on similarity
Authors: Keane Mark T. , Smyth Barry , OʼSullivan Joseph 
Published: April 2012

AbstractThis chapter aims to illustrate by example a perspective on similarity that has not received sufficient attention in the literature. For want of a better name, and one certainly exists somewhere, this is called the dynamic similarity perspective. Traditionally, the computation of similarity has been treated as a process acting over parts of static representations; this view is as fundamental to traditional models as it is to more recent alignment models of similarity. In contrast, the dynamic similarity view proposes that the whole processing context — whether that context is a past, present, or prospective one — can contribute to the conceived similarity of things. To put it another way, it stresses a class of ‘processing-oriented’ respects for similarity that have not been given due recognition in the literature.
The time course of perceptual categorization
Authors: Palmeri Thomas J. 
Published: April 2012

AbstractPerceptual categorization is a fundamental aspect of human cognition. Any time we decide that some visually presented object is a dog rather than a cat, a bottle rather than a jar, or a tree rather than a shrub, we are making a categorization decision based on the perceptual attributes of that object. This chapter aims to review a class of theories of perceptual categorization with particular emphasis on how these theories account for the time course of these judgements. A key assumption of these theories is that perceptual categorization depends on the underlying perceptual similarity relations among objects. This general assumption is not without some controversy.
Interactions between taxonomic knowledge, categorization, and perception
Authors: Gosselin Frédéric , Archambault Annie , Schyns Philippe G. 
Published: April 2012

AbstractObject recognition and categorization research are both concerned with the general question of ‘What is this object?’. To recognize an object as a face or a computer is not very different from assigning it to the ‘face’ or the ‘computer’ category. The problem is to understand how information available in the visual array matches the information representing categories in memory. Both categorization and object recognition research therefore address the same fundamental issues of ‘What is the organization of information in memory?’, ‘What is the information available in the input?’, and ‘How do memory and input information interact to explain behaviour?’ Despite these fundamental similarities, object recognition and categorization have evolved independently, without much dialogue.
Space anisometry in unilateral neglect
Authors: Bisiach Edoardo , Neppi-Mòdona Marco , Ricci Raffaella 
Published: April 2012

AbstractThis chapter discusses a recent series of experiments that show neglect patients reproduced horizontal extents on either side of a perceived or remembered extent (the ‘model’) and comments on their results, except for those investigations in which the patients were only asked to generate contralesional extents. The results of the latter investigations have unquestionable points of interest, but their explanatory potential is less complete. In conclusion, what has been learned from recent research on horizontal extent reproduction in unilateral neglect urges reconsideration of former theories about a disorder that still remains largely elusive, despite the impressive increase of contributions following the publication of the remarkable volume edited by Weinstein and Friedland in 1977.