bluuebunny/crossref_metadata_2025_split huggingface dataset:
Where Law and Morality Meet
Authors: Kramer Matthew H. 
Published: January 2009

Abstract
This book explores some of the chief ways in which law and morality are connected, and some of the many respects in which they remain distinct. The book's eight chapters are grouped into three parts. In the first part, Kramer argues that moral principles can enter into the law of any particular jurisdiction. Legal officials can invoke those principles as laws for resolving disputes, and can likewise invoke them as threshold tests which ordinary laws must satisfy. In opposition to numerous other theorists, Kramer contends that these functions of moral principles within the law are consistent with all the essential characteristics of any legal system. In the second part of the book, Kramer reaffirms legal positivism's insistence on the separability of law and morality. Despite the important links between those two domains, Kramer resists the efforts of natural-law theorists to portray legal requirements as a species of moral requirements. Law is not inherently moral either in its effects or in its motivational underpinnings — even though the existence of a legal system in any sizeable society is indispensable for the realization of fundamental moral values. In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful are never morally responsible for harmful effects of that conduct. In so arguing, he reveals that fault-independent liability is even more common in morality than in law. Through a variety of arguments, then, Where Law and Morality Meet highlights some surprising affinities and some striking divergences between morality and law.
Introduction
Authors: Kramer Matthew H. 
Published: January 2009

Abstract
This introductory chapter distinguishes three varieties of legal positivism. Inclusive Legal Positivism maintains that a norm's consistency with some or all of the correct principles of morality can be (though need not be) a necessary condition for the norm's status as a law in any particular jurisdiction. Incorporationism maintains that a norm's correctness as a moral principle can be (though need not be) a sufficient condition for the norm's status as a law in hard cases in any particular jurisdiction. Exclusive Legal Positivism maintains that moral principles cannot enter into the law at all, either as laws or as law-ascertaining criteria.
On the Separability of Law and Morality
Authors: Kramer Matthew H. 
Published: January 2009

Abstract
Whereas some legal positivists in recent years have queried the separability of law and morality, this chapter strongly reaffirms that separability. It emphasizes that the positivist insistence on the separability of law and morality is not a single thesis but instead an array of theses focused on different aspects of morality.
Customary Law and Inherent Rules
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractHaving identified consensual positivism as the basis of international legal reasoning, this chapter examines the consensual basis of customary rules. After identifying opinio juris as an expression of consent, it proceeds to examine theories that come up with explaining customary law other than on the basis of consent, and also focuses on side aspects of custom-generations, such as the issues of persistent objection, new States and regional customary law. The problem of inherent rules is addressed which combines positivist and extra-positivist reasoning, ultimately to back up the effectiveness of existing legal regulation.
Equity and Equitable Considerations in Treaties
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter examines how equitable notions included in treaties should be construed. While in the law of the sea treaties equity is understood as reflecting general international law, the ‘fair and equitable’ treatment of foreign investors under international investment treaties is frequently denoted as autonomous treaty-based standard giving rise to new customary law on investment. The chapter examines the application of treaty interpretation methods to ‘fair and equitable treatment’ and establishes that so-called ‘autonomous’ construction cannot be sustained under the Vienna Convention on the Law of Treaties. Instead, ‘fair and equitable treatment’ reflects the general international law standard on the treatment of foreign investors. This chapter also concentrates on the construction of ‘fair and equitable treatment’ in the 2001 opinion of the NAFTA Free Trade Commission, and subsequent reaction by NAFTA Tribunals, as an issue of the agency of interpretation (above Chapter 16).
2 The New Testament
Authors: Cooper Adam G. 
Published: January 2009

Abstract
In the Christian New Testament, flesh becomes a metaphor for the sinful force operative within the fallen human constitution. Yet, along with soul and spirit, it also remains a positive anthropological category, indicative of that physical, external and personal aspect of human nature created by God, assumed by Christ in the incarnation, and glorified in his resurrection. In their eucharistic and ecclesial theology, the New Testament writers privilege flesh and body as spiritually pregnant symbols over against the anti-material doctrines of early gnostic and docetic communities.
4 Thomas Aquinas
Authors: Cooper Adam G. 
Published: January 2009

Abstract
In Aquinas's hylomorphic theory of the universe, the patristic theology of the body is strengthened and enriched with deeper philosophical underpinnings. Always sensitive to the spiritualizing tendencies in the Platonic philosophical framework, Aquinas perfects a metaphysical synthesis in which matter, existentially bound to form, is granted definite ontological stability and permanence. Aquinas's metaphysics of the flesh represents an integral development in the history of anthropology and opens the way for a moral theory that does full justice to the human body and affectivity.
6 Metaphysics and Morality
Authors: Cooper Adam G. 
Published: January 2009

Abstract
Every moral system, even those that reject the notion of morality, has its metaphysical assumptions. Clandestine moral codes lie beneath the most avante garde philosophies. What we should do with and as our bodies depends on what we make of our bodies, what we understand them to be in relation to the total human project. What is good for the flesh depends on what is true of the flesh, a matter enlightened by intelligent thought, human experience, and, above all, the truth of God made flesh.
8 Sex and Gender
Authors: Cooper Adam G. 
Published: January 2009

Abstract
From de Beauvoir to Wittig, Friedan and Millett to Butler, radical feminist theory has for many years ironically manifested a somatophobic strain. The separation of gender from sex has resulted in an anthropological rupture in which the flesh is either marginalized or politicized — in either case, divested of its personalistic and semitive status. By contrast, the personalist philosophy of Lublin Thomism brings together realist metaphysics, biblical nuptuality, and gender complementarity in a perspective that affirms the full creative potential, and revelatory trajectory, of both and each of the sexes.
9 Pornography and Violence
Authors: Cooper Adam G. 
Published: January 2009

Abstract
Pornography cultivates a cult of the flesh in which sex and the flesh are abstracted, etherealized, and finally destroyed. De Sade's vision of unlimited lust gives way to a pornocracy in which violence against the flesh is normalized, since pornography directly impacts the perception of the body, persons, and their sexual value, objectifying them as items for manipulation and consumption. A redemptive moral pedagogy will be sensitive to the proclivity of the sexual affections for disorder, yet unstintingly cultivate chastity as the healing force for shame and shamelessness.
The CFSP in Contrast with EC External Relations
Authors: De Baere Geert 
Published: January 2009

AbstractThis chapter focuses on the application to the common foreign and security policy (CFSP) of the constitutional concepts, principles, and techniques that were examined in Part I in relation to EC external relations. The principle of conferral, the concepts of primacy and exclusivity, and the contrast between decision-making under Title V EU Treaty and the Community method are dealt with in successive sections.
Democracy and the Rule of Law in EU Foreign Policy
Authors: De Baere Geert 
Published: January 2009

AbstractThis chapter analyses the role of democratic accountability in the Union's foreign policy, focusing on democratic accountability within the CFSP. It should, however, be pointed out that the involvement of the European Parliament in Community decision-making is most far-reaching in the legislative sphere. The European Parliament is not much involved in the executive aspects of Community policies, and its exclusion from the executive aspects of the CFSP, therefore, does not represent as stark a contrast as it might appear. The possibilities for judicial control by the Court of Justice within the sphere of the CFSP are also considered.
The Dichotomy between EC External Relations and the CFSP
Authors: De Baere Geert 
Published: January 2009

AbstractThis chapter first addresses the question how far it can be said that the second pillar already forms part of the ‘new legal order’ established by the EC Treaty. It then considers whether the Constitution contained and the Treaty of Lisbon contains proposals that would helpfully move the CFSP in the direction of communitarization, by examining the potential applicability of primacy and direct effect in the second pillar and analysing the role that is proposed for the High Representative of the Union for Foreign Affairs and Security Policy (HRUFASP). Finally, the origins of the dichotomy between EC external relations and the CFSP are traced, and it considers whether this dichotomy accurately reflects the current legal and political situation of EU foreign policy.
Managing the Horizontal Axis
Authors: De Baere Geert 
Published: January 2009

AbstractThe problem of horizontal consistency arises because of ‘the original sin of overall EU external action’: the separation of ‘high politics’ from the other aspects of foreign policy, most notably the entire area of external economic policy. This chapter examines how the separation between the different aspects of foreign policy works legally, and whether it is tenable from a constitutional perspective. After a general examination of the horizontal aspect of the principle of consistency, the shifting border between Community external relations and the CFSP is illustrated by the analysis of two case-studies, followed by a short section on the possibility of cross-pillar mixity.
2 Globalization: New Constraints on Policymaking
Authors: Taylor‐Gooby Peter 
Published: January 2009

AbstractThis chapter argues that responses to the pressures on welfare are shaped by the context of globalization and fiercer international competition. This inclines governments to develop policies that stress the responsibility and motivation of individual citizens or use targets and competition to make services more responsive and cost-efficient rather than increasing spending on provision along existing lines. It introduces the principal argument of the book: that the thorough-going reform programmes underway in many countries are, by and large, successful in meeting goals of greater cost-efficiency and responsiveness. However they do so at the cost of damaging the values that underpin social citizenship, in particular citizen trust in public services.
Personal Evaluation
Authors: Kekes John 
Published: January 2009

AbstractPersonal evaluation leads to actions. Rawls' approach to personal evaluation is flawed. Internal and external evaluations are examined. Dominant activities are one's projects in life. The projects of Johnson's Swift and Gissing's Ryecroft are discussed. Projects can lead to good lives even if they do not succeed, because engagement in what one cares about is what matters.
The Importance of Manner
Authors: Kekes John 
Published: January 2009

AbstractManner is important to good lives when it reflects one's individuality. Carlo Levi's manner did that, because his attitude to what he most deeply cared about was coherent, and he lived an enjoyable life under difficult circumstances. Swift's manner did not, because his attitude was incoherent, and he lived miserably under favorable circumstances. The adequacy of attitudes depends on their coherence, realism, and endurance.
The Uses of Reason in Morality
Authors: Kekes John 
Published: January 2009

AbstractThis chapter considers the distinctions between the practical and theoretical, particular and general, and permitting and requiring uses of reason. Moral reasons are shown to be typically practical, particular, and permitting, and the right approach to conflict-resolution is shown to depend on these uses. The pluralist and particularist approaches to morality follow from this view of reason.
A Morbid Romantic
Authors: Kekes John 
Published: January 2009

AbstractThis chapter reflects on the significance of the life and horrible death of Mishima, the Japanese novelist. His life and death exemplify the miserable, conflicted style of life that results from a romantic obsession with death. His attitude is morbid, his manner excessive, and his project is to aestheticize death. It is a vivid example of the consequences of setting oneself to live and act contrary to practical reason.
The Rightful Enjoyment of our Being
Authors: Kekes John 
Published: January 2009

AbstractMontaigne's life was as admirable as Hume's. Its style was self-directedness, its attitude inwardness, its manner independence, and its project the Essays that recorded, formed, and reflected the way Montaigne thought and lived. He lived in difficult times and he left a lasting memorial of how to combine public and private life, set one's limits in a corrupt society, and deliberately control how one lives in the face of contingency and adversity.
Religious Transformation in South Asia
Authors: Harding Christopher 
Published: January 2009

Abstract
This book investigates mass conversion movements towards Christianity in late colonial India, examining the internal dynamics of conversion and Christian community-building in the region of Punjab. It follows the tempestuous local relationships which lay at the heart of religious transformation, from tensions both within and between the missions of the (Catholic) Belgian Capuchins and (British Evangelical) Church Missionary Society to the incompatibilities of aspiration where oppressed rural low-caste — so-called ‘Chuhra’ — converts, as well as mission personnel and institutions, were concerned. The book explores the role of social class, theological training, culture, motivation, and personality in producing a wide range of presentations of ‘Christianity’ in Punjab. For European missionary personnel the meaning of conversion quickly took on a heavy social dimension, thanks to connections made in missionary minds between Punjabi converts and the rural and urban poor of Belgium and Britain. As a result, European ‘uplift’ campaigns which sought to clean up and manage closely the lives of the poor — insulating them from hostile political and alternative religious influences — fed into attempts in Punjab to build new Christian communities and to socialize the next generation. Nowhere was this more obvious than in the brand new ‘Christian villages’ established by the Capuchins and the CMS. Punjabi perspectives explored and discussed range from the thankless, but potentially pivotal work of catechists and other agents of the mission, to the social networks and aspects of everyday life through which low-caste Punjabis communicated and sought to live by their understanding of conversion. The socio-political dimension here was clear, amounting to a brand of subaltern consciousness rarely considered by mainstream South Asian historiography.
Living in New Traditions
Authors: Harding Christopher 
Published: January 2009

Abstract
This chapter looks at missionary and convert attempts to construct a Christian community life in the wake of the mass movements, including attempted socialization through education, ceremony, and general welfare. Frustrations on all sides are highly revealing of the expectations with which mission personnel and converts entered uncertain associations with one another. Contests over the question of ‘what does it mean to be a Christian?’ and attempts by the CMS and the Capuchins to win influence in scattered convert communities are the principal focus, setting the tone as they did for future generations of Punjabi Christians.
10 Estimating the Balance Sheet of the Personal Sector in an Emerging Market Country: South Africa, 1975–2005
Authors: Aron Janine , Muellbauer John , Prinsloo Johan 
Published: January 2009

AbstractOfficial balance‐sheet estimates for the household sector are not currently available in South Africa, yet, with the country's well‐developed financial sector and deep capital markets, asset market channels are likely to be important determinants of aggregate consumer spending and saving, consumer demand for credit, and their broad money holdings. This study produces estimates of household balance sheets for South Africa. The study draws, where feasible, on best practice from the Office of National Statistics of the UK and assesses the quality of the data sources and suggests areas where additional surveys or improvements in data‐collection procedures would be helpful further to improve the quality of the balance‐sheet estimates. Furthermore, quarterly balance‐sheet measures to 2005 are provided, and linked to quarterly measures. The main balance‐sheet categories are liquid assets, household debt, and various categories of illiquid financial and tangible assets, including pension wealth, directly held shares and bonds, and housing. Revised debt estimates and new estimates of tangible assets for households and unincorporated businesses are provided. The study describes the trends of the estimates of the household sector's balance sheets and of total net wealth. The paucity of data for developing and emerging market countries is illustrated by means of a survey, and lessons are drawn from the South African research for the compilation of household‐sector balance sheets.
17 Gender and the Distribution of Wealth in Developing Countries
Authors: Diana Deere Carmen , Doss Cheryl R. 
Published: January 2009

AbstractOnly recently has it been recognized that women may not share in the wealth of men, even within the same household or family. Moreover, there is growing evidence that the gender distribution of wealth matters. This study first reviews the available evidence for developing countries on the gender‐asset gap and finds that it is significant. It then considers the constraints on women's asset ownership with particular attention to the role of legal marital and inheritance regimes. The study then turns to a more detailed examination of women's land ownership in Latin America and Africa. The final section considers the impact of women's land ownership on household income and welfare.
Decentralization: Fueling the Fire or Dampening the Flames of Intrastate Conflict?
Authors: Brancati Dawn 
Published: January 2009

AbstractThis chapter elaborates on the argument regarding how the effect of decentralization on intrastate conflict hinges on regional parties. Brancati argues that the negative effects typically associated with decentralization are not an effect of decentralization directly, but that of regional parties. Specifically, it argues that regional parties create regional identities, advocate legislation that is harmful to other regions and regional minorities, and also mobilize groups to engage in ethnic conflict and secessionism and support extremist organizations that engage in these activities. The chapter also establishes in this chapter a number of conditions under which regional parties are likely to stimulate conflict and secessionism, and statewide parties are likely to reduce it. The chapter further argues that decentralization, in turn, increases the strength of regional parties depending on particular features of decentralization (i.e. the proportion of legislative seats a region possesses, the number of regional legislatures in a country, the upper house election procedures, the sequencing of national and regional elections). The chapter also offers a theoretical discussion in this chapter of the origins of decentralization and regional parties, arguing that neither is simply a product of the underlying ethnolinguistic, religious, and territorial differences in a country, but have an independent effect on these differences, and on conflict and secessionism.
Czechoslovakia
Authors: Brancati Dawn 
Published: January 2009

AbstractThis chapter presents the case study of Czechoslovakia (1989–1993). Czechoslovakia's dissolution in 1993 was remarkable because only a few Czechs and Slovaks, and none of the country's major political parties, supported dissolution. The chapter attributes the failure to agree on a new constitution, which led to the country's breakup, to regional parties whose positions on the constitution were seen as unreasonable by parties in the opposing region. The chapter further argues that the dissolution and the strength of regional parties in the country at the time was not a result of the underlying social differences in the country, but the way in which decentralization was structured. In demonstrating the argument, the chapter shows that although differences between Czechs and Slovaks were greater in the interwar period than in the postcommunist period, regional parties had a weaker presence under a centralized system of government. The chapter strengthens the case by showing that although in the postcommunist period differences between the two Czech Lands of Bohemia and Moravia were as great as those between Czechs and Slovaks, parties competed in both Czech Lands and incorporated Moravian interests for autonomy into their agendas, thereby, averting the same result as in Slovakia.
Chapter 2 Is Retirement Being Remade? Developments in Labor Market Patterns at Older Ages
Authors: Chan Sewin , Stevens Ann Huff 
Published: January 2009

Abstract
This chapter investigates non-traditional work and retirement patterns among older individuals in the Health and Retirement Study. It first reviews the evidence on retirements that initially involve bridge jobs or some form of partial retirement. It then looks at analysis on retirement reversals in which individuals resume or increase work activity following a period of retirement. Almost one third of the individuals in the sample who are ever partially or fully retired make at least one transition from more to less retired during the period of observation. The chapter also explores the characteristics of individuals making such transitions.
Chapter 9 Efficient Retirement Financial Strategies
Authors: Sharpe William F. , Scott Jason S. , Watson John G. 
Published: January 2009

Abstract
Today's retirees face the daunting task of determining appropriate investment and spending strategies for their accumulated savings. Financial economists have addressed their problem using an expected utility framework. In contrast, many financial advisors rely instead on rules of thumb. This chapter shows that some of the popular rules are inconsistent with expected utility maximization, since they subject retirees to avoidable, non-market risk. It also highlights the importance of earmarking ‘the existence of a one-to-one correspondence between investments and future spending’ and shows that a natural way to implement earmarking is to create a lockbox strategy.
2 Photinus of Sirmium and the Western Synods of Arles (353), Milan (355), and Béziers (356)
Authors: Beckwith Carl L. 
Published: January 2009

Abstract
This chapter discusses the place of Photinus of Sirmium in the fourth-century Trinitarian debates and examines the historical and theological situation in the West at the synods of Arles (353), Milan (355), and Béziers (356).