bluuebunny/crossref_metadata_2025_split huggingface dataset:
Transport Animals and Wagons
Authors: Adams Colin 
Published: January 2010

Abstract
This chapter discusses the evidence for pack animals and their uses in Roman Egypt, and considers the role of wheeled transport. It establishes patterns of use dictated by function and ability, and how use was affected by topography. It discusses the introduction of camels into Egypt and the spread of their use (limited in the Ptolemaic period, but much expanded in the Roman); the ubiquitous donkey; and the more limited role of mules, horses and oxen. In the highly irrigated Nile Valley and Fayum, pack animals excelled over wagons as the transport method of choice, wagons largely being limited to certain agricultural tasks and specialized forms of transport, such as the transport of stone.
Animal Use and Maintenance
Authors: Adams Colin 
Published: January 2010

Abstract
This chapter expands on animal use, based on papyrological and iconographic evidence. The relative importance of different animals is assessed, and the role of camels as both pack animals and draft animals is considered, where in an arid climate they supersede the ox. The chapter goes on to assess the issue of animal harnessing, and argues that contrary to the traditional view, harnessing systems were effective in enabling considerable loads to be hauled. Animal load-bearing capacity is then considered, for the papyri offer up considerable and quantifiable evidence for loads and capacity, and it is clear that the size of loads was influenced by a range of factors, not least topography and distance travelled. Finally, the economics of animal maintenance is considered, and it is shown that owning animals and maintaining them was expensive.
State Control of Animal Ownership
Authors: Adams Colin 
Published: January 2010

Abstract
This chapter considers how the Roman state monitored animal ownership in order to facilitate the use or requisition of animals for its own transport needs – the bureaucratic machinery necessary for an imperial power to impose its demands. Animals represented a valuable resource, and it is no surprise that the state developed strategies to record ownership. This happened through declarations of animal ownership, state registers of property, and a census of animals. Information gathered was kept in registry offices. The information generated allowed the state to requisition animals and also to place additional taxes on their owners.
Animal Requisition
Authors: Adams Colin 
Published: January 2010

Abstract
After establishing the bureaucratic devices necessary to implement requisition, this chapter focuses on the processes of animal requisition. First it sets out Ptolemaic precedents for requisition, and in particular, the development of the Ptolemaic postal service, which anticipated the later Roman cursus publicus. It then considers Roman systems of requisition and especially the all too common abuse of authority by soldiers and state officials. It also considers evidence for the transport of persons on official business, the carriage of documents, and the provision of transport for official visits by emperors and prefects, before finally turning to the supply of animals to the army.
State Grain Transport
Authors: Adams Colin 
Published: January 2010

Abstract
This chapter is the first of four case studies focussing on particular transport operations. Egypt was the granary of Rome, and each year supplied the major part of the city's requirements. A complicated and highly bureaucratic system for its supply and transport, some of it based on Ptolemaic precedents, ensured that harvested tax grain reached threshing floors, was stored in granaries, and was transported by land or canal to river ports from where its onward trans-shipment to Alexandria could be achieved. Each stage of this system is analysed, as is the organization of animals and drivers. This was largely carried out through the allocation of transport liturgies, or compulsory public service. Individuals and villages were responsible for supplying animals, and the system operated over nome boundaries.
Introduction: From Legal Realism to Naturalized Jurisprudence
Authors: LEITER BRIAN 
Published: January 2010

Abstract
This introductory chapter begins with a discussion of how Realism was held in contempt, if noticed at all, by philosophers, even those with a substantial interest in law. It then considers developments in legal philosophy over the last fifty years, and describes how the essays in this volume reflect one philosopher's and legal scholar's attempt to make sense of what seems to be so compelling about American Legal Realism and, in the process, figure out where that jurisprudence fits into a naturalistic philosophy. An overview of the subsequent chapters is presented.
Why Quine is not a Postmodernist
Authors: LEITER BRIAN 
Published: January 2010

Abstract
Dennis Patterson's wide-ranging book Law and Truth has the great virtue of locating questions of legal theory within their broader (and rightful) philosophical context: that is, as special instances of more general problems in metaphysics and the philosophy of language. It also sets out a position in jurisprudence that has some undeniable attractions. This chapter focuses on Patterson's identification of the great American philosopher Willard van Orman Quine as a pivotal figure in the transition from ‘modernity’ to ‘postmodernity’. It argues that this characterization involves an important misunderstanding of Quine's thought. Both the ‘postmodernism’ of its most famous advocates (e.g., Derrida, Lyotard) and Patterson's ‘sanitized’ postmodernism have only a superficial affinity with the philosophy of Quine.
Beyond the Hart/Dworkin Debate: the Methodology Problem in Jurisprudence
Authors: LEITER BRIAN 
Published: January 2010

Abstract
This chapter begins with a review of the Hart/Dworkin and Hart/Raz debates. It then turns to questions of methodology in jurisprudence. It argues for five propositions: first, that Dworkin's constructive interpretivism presents no pertinent challenge to legal positivism, since it is thoroughly question-begging; second, that the pertinent methodological challenge to positivism comes from Finnis, and that Dworkin himself needs Finnis-style argument to motivate interpretivism; third, that positivists can respond to and (with some qualifications) defeat this methodological challenge; fourth, that positivists can also (with some qualifications) rebut Perry's more recent version of Finnis-style arguments; and fifth, that Dickson's attempt to stake out a position (what she calls ‘indirectly evaluative legal theory’) intermediate between the methodological positivism or descriptivism of Hart and Finnis's position is a failure. Finally, the chapter turns to a larger debate about methodology that has come to the fore in epistemology, philosophy of mind, and ethics. It identifies some possible weaknesses of the descriptivist rebuttal to Finnis and argues for a different way of framing the methodology problem in jurisprudence.
Remedies in International Human Rights Law
Authors: Shelton Dinah 
Published: January 2010

Abstract
This book provides a comprehensive treatment of remedies for human rights violations and reviews the jurisprudence of international tribunals on these violations. It provides a theoretical framework and a practical guide on human rights law. This edition incorporates a new chapter on historical injustices. All the cases of the Inter-American and European Courts of Human Rights are included, as well as decisions of the African and Inter-American Commissions on Human Rights, UN bodies, the European Court of Justice, international administrative tribunals, and national courts applying human rights law.
Remedies in National Law
Authors: SHELTON DINAH 
Published: January 2010

Abstract
Remedies for international human rights violations serve purposes similar to those of remedies in national law. It is thus appropriate and probably inevitable that international tribunals draw upon national law, as well as international law, to develop remedies. In turn, as national tribunals hear and decide more cases alleging violations of international human rights norms, they look to international law, including the object and purpose of human rights agreements and the jurisprudence of international tribunals. The result is a complex interplay and mutual influence of national and international law, both public and private. This chapter provides an overview of national remedies against the state for wrongs done by it or its agents, providing examples from different regions and different legal traditions. The main objective of the chapter is to identify the general principles of the law of remedies on which international and national judges draw in deciding human rights cases.
The Development of International Human Rights Law
Authors: SHELTON DINAH 
Published: January 2010

Abstract
The obligation to provide effective remedies is an essential component of international human rights law. A state that fails to protect fully individuals against human rights violations or that denies remedial rights commits an independent, further breach of law. International instruments do not clarify, however, what are considered to be ‘effective’ remedies. Nor do they indicate what remedies should be made available through international procedures in the event a state fails to afford the necessary redress. It is thus necessary to look at the theory and practice of international courts to determine what constitutes an effective remedy.
Compensation
Authors: SHELTON DINAH 
Published: January 2010

Abstract
Both corrective justice (focusing on fairness to the victim) and the economic model (focusing on incentives to the wrongdoer) call for damages that equal the full value of the injury to the victim. The primary function of corrective justice is to rectify the harm done a victim of wrongdoing. Corrective justice generally aims at restitution or compensation for loss, assuming that when victims are made whole, wrongdoers are sanctioned and deterred from engaging in future misconduct. Damages are incapable of restoring or replacing the rights that have been violated and, as a substitute remedy, are sometimes inadequate to redress fully the harm. Damage awards, however, supply the means for whatever part of the former life and projects remain possible and may allow for new ones. For this reason, ‘compensation is inevitably a second-best response that comes into play when full rectification is impossible’.
Enforcement of Judgments
Authors: SHELTON DINAH 
Published: January 2010

Abstract
All international tribunals have expressed concern over ensuring that their views, decisions, and judgments are made effective and that remedies are afforded to the victims of human rights violations. Some of the most innovative developments in the law of remedies can be seen in this regard, such as the establishment of trust funds by the Inter-American Court. International tribunals have jurisdiction to protect the awards made to victims. As the Inter-American Commission's evaluation demonstrates, compliance with what states choose to perceive as mere recommendations has not been good. A similar study of compliance with views of the United Nations Human Rights Committee or Committee on the Elimination of Racial Discrimination would probably yield similar results. States do seem to take more seriously judicial bodies and the treaty commitments they have undertaken to abide by judgments in cases to which they are party.
International Crimes and the Ad Hoc Tribunals
Authors: Mettraux Guénaël 
Published: January 2010

Abstract
The contribution of the ad hoc tribunals to international criminal law and international justice has been manifold, both academically and historically, and they will continue to influence the findings and decisions of many other courts (both domestic and international), provoking discussion for many years to come. This volume provides the first comprehensive analysis of the law of international crimes as applied by the ad hoc tribunals for the former Yugoslavia and Rwanda. This book examines the legal and historical significance of some of the most important judicial developments to occur in the last fifty years in international criminal law. It states the law of the tribunals, and provides concrete illustrations of the application of the law to a variety of criminal cases, providing a comprehensive and detailed analysis of this voluminous body of jurisprudence. The primary focus is on the jurisdiction ratione materiae of the tribunals: the definition and application of the law of war crimes, crimes against humanity, and genocide. However, it also examines the tribunals’ jurisdiction ratione personae, insofar as this enables a full understanding of the law of crimes (for instance, in relation to forms of criminal liability).
5 War Crimes in the Statutes of the ad hoc Tribunals
Authors: Mettraux Guénaél 
Published: January 2010

Abstract
A war crime, for the purpose of the ad hoc tribunals created for the former Yugoslavia and Rwanda (the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)), consists in a serious violation of the laws or customs of war entailing individual criminal responsibility. Within that general framework, the statutes of the tribunals contain a list of war crimes over which the tribunals may in principle exercise their jurisdictions. Whereas the subject-matter jurisdiction of both ad hoc tribunals is almost identical in relation to crimes against humanity and genocide, their respective jurisdictional framework has been cast quite differently in relation to war crimes.
11 Chapeau Elements of Crimes against Humanity
Authors: Mettraux Guénaél 
Published: January 2010

Abstract
What distinguishes a crime against humanity from an ordinary crime (or from other international crimes) is the requirement that it must have been committed in the context of a widespread or systematic attack against a civilian population. This requirement, which constitutes the chapeau or general requirements of crimes against humanity, must be seen as a whole and sets out the necessary context in which the acts of the accused must be inscribed. For the purpose of discussion, it may be divided, however, into five sub-elements: an attack; a link or nexus exists between the acts of the accused and the attack; the attack is directed against any civilian population; the attack is widespread or systematic; and the perpetrator has the appropriate state of mind or mens rea.
12 Underlying Offences
Authors: Mettraux Guénaél 
Published: January 2010

Abstract
The chapeau elements discussed in the previous chapter represent the general requirements which any criminal act must meet before qualifying as a crime against humanity. In addition, the underlying offence which forms the basis of the charges against the accused must be one of the acts listed in Article 5 and Article 3, respectively, of the statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia, namely: murder; extermination; enslavement; deportation; imprisonment; torture; rape; persecutions on political, racial and religious grounds; other inhumane acts. The perpetrator need not bear principal responsibility for any of these offences to be found guilty of a crime against humanity; it is enough that he participated in any manner specified in Article 7 and Article 6 of the statutes of the Yugoslav and Rwanda tribunals, respectively.
16 Genocide and other Forms of Criminal Involvement
Authors: Mettraux Guénaél 
Published: January 2010

Abstract
A genocidal offence may be committed by act or omission, and the perpetrator need not have been involved in any patterns of criminal behaviour. As with the other crimes within the jurisdiction of the ad hoc tribunals for Rwanda and the former Yugoslavia, the official position of the accused may not relieve an accused of criminal responsibility for genocide, nor would it mitigate his punishment. This chapter discusses the various listed forms of criminal participation (Articles 4/2 (a-e) of the statutes of the Yugoslav and Rwanda tribunals), including genocide, conspiracy to commit genocide, direct and public incitement to commit genocide, attempt to commit genocide, and complicity in genocide. Other forms of criminal participation may include command responsibility and joint criminal enterprise or common purpose doctrine.
18 Jurisdiction ratione personae and Applicable Law
Authors: Mettraux Guénaél 
Published: January 2010

Abstract
The statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia do not explicitly specify the body of law according to which they are to determine the scope and definitions of those forms of liability which are provided for under their statutes. At the Yugoslav tribunal, the appeals chamber has made it clear, however, that the statute of the tribunal only provides an a priori jurisdictional framework ratione personae and that, ultimately, the existence (and constitutive elements) of a particular form of criminal liability under international law as well as the tribunal’s jurisdiction over that particular form of liability (and scope thereof) will be determined by customary international law. The issue of applicable law, ratione personae, has not yet been raised explicitly at the Rwanda tribunal, but it is more than probable that the tribunal should also have recourse to customary international law to determine the scope of its jurisdiction ratione personae.
26 Genocide and Crimes against Humanity
Authors: Mettraux Guénaél 
Published: January 2010

Abstract
Genocide is often viewed as the ultimate crime against humanity, but they are in fact legally distinct. First, crimes against humanity and genocide have a different mens rea. Second, the range of underlying offences which may qualify as genocidal is more restricted in scope than those that may qualify as crimes against humanity. Third, crimes against humanity must be committed in the context of an armed conflict, whereas genocide may be committed in time of peace as well as in time of war. Fourth, the definition of genocide unlike that of crimes against humanity does not require that the acts of the accused occur in the context of a widespread or systematic attack against a civilian population. Fifth, whereas a crime against humanity may only be committed against civilians, genocide can be committed against any member of the targeted group, whether combatants or civilians. This chapter also discusses the distinction between genocide and persecution and between genocide and extermination.
Open Secrets
Authors: Bell Michael 
Published: January 2010

Abstract
This book reflects on humanistic education by examining the limits of the teachable in this domain. The Goethean motif of the open secret is not a mystery revealed but an utterance not understood, the likely fate of all instruction based purely on authority. This study reviews the pedagogical relationship in the European Bildungsroman from the point of view of the mentor rather than that of the young hero, but it also extends beyond the novel to encompass works in which the category of fiction has a crucial and constitutive function, for a growing awareness of limited authority on the part of the mentor figures is closely related to fictive self-consciousness in the texts. Rousseau's semi-novelised treatise, Emile, is relatively unaware of the fictive nature of its own authority; whereas in Sterne, Wieland, Goethe, and Nietzsche, the situation is reversed, culminating in the conscious impasse of authority in Thus Spoke Zarathustra. While all these latter writers achieve their impact despite, indeed because of their internal scepticism, in the three subsequent writers, Lawrence, Leavis, and Coetzee, the impasse becomes more literal as the authority of Bildung is eroded in the wider culture. Yet in all cases, awareness of pedagogical authority as a species of fiction, to be exercised in an aesthetic spirit, is a significant prophylactic against the perennial pressure of reductive conceptions of education as instructional ‘production’.
Goethe’s Open Secrets: Wilhelm Meister’s Apprenticeship
Authors: Bell Michael 
Published: January 2010

Abstract
This chapter considers how the ironic treatment of Wilhelm Meister's process of maturing is coloured by Goethe's self-conscious irony with respect to the authority of the novel's own fictive world. Just as Wilhelm's mentors within the novel, the self-styled Society of the Tower are revealed to be divided and uncertain, so the last book of the novel subjects some of its own most powerful poetic elements, Mignon and the Harpist, to prosaic explanations. The gim-crack theatricality of the ceremony in the tower is an image of the book's wisdom. At the same time, as the principal mentor, the Abbé, with his policy of non-interference, enacts Rousseau's risky principle of delay, he is vindicated by the optimistic providence of the novel. Goethe's trust in life is given a transparent veil of fiction, with an irony that is protective and pre-emptive rather than destructive.
The Novelist, the Lecturer, and the Limits of Persuasion: J. M. Coetzee and Elizabeth Costello on the Lives of Animals and Men
Authors: Bell Michael 
Published: January 2010

Abstract
J. M. Coetzee is perhaps the author who most exemplifies at the turn of the century the nature of literary authority; a power and a predicament he has repeatedly thematised while refusing to translate the authority of his writing into its supposed political or ideological equivalents. This chapter is devoted mainly to a close reading of The Lives of Animals in its original form and context as one of the 1998 Tanner lectures at Princeton. Costello herself is far from being a simple mouthpiece for the author and her account of the novelist's sympathy is vulnerable as well as eloquent. Although it is often discussed, and not inappropriately, for its thematic contribution to public debate on the human relation to animals, the mutual embedding of formal lecture and fictional narrative gives the work a philosophical focus on the incommunicability of all radical conviction that falls outside conventional norms.
Conclusion
Authors: Bell Michael 
Published: January 2010

Abstract
While the preceding chapters have stressed a tradition of radical scepticism about the effectiveness of educational authority, this concluding chapter redresses the emphasis by indicating that this scepticism is best employed not as an alibi for giving up on this responsibility but as a vital part of its internal dynamic. Just as the Nietzschean critique of Bildung could come only from a gebildete Mensch, so this critique is not offered in support of those who would abandon all initiation into artistic and cultural canons. An undirected, ‘student-centred’ conception is as wide of the mark as the naively instructional. In this respect, the chapter takes issue with Jacques Rancière's The Ignorant Schoolmaster, to affirm the continuing value of humanistic pedagogy on the Socratic model understood as a form of artistic dramatisation. Schiller's notion of the aesthetic remains powerful and pertinent with the further understanding that education should itself be conducted aesthetically.
Conclusion
Authors: FEARN DAVID 
Published: January 2010

Abstract
This chapter presents a synthesis of discussions in the preceding chapters. It argues that classical scholarship has generally sought to evaluate Bacchylides negatively by placing him side by side with Pindar and aestheticizing the poetry and separating it from the contexts in which it was originally commissioned. It is not that value-judgements on the relative merits of the two poets are impossible, unnecessary, or embarrassing. But it is necessary to bring to light and thus to reframe the social situations in which value judgements relating to poetry and literary canons are made throughout their history, and thus to have an awareness of the background to one's own cultural and theoretical position.