bluuebunny/crossref_metadata_2025_split huggingface dataset:
Religion and Terrorism: Misreading al Qaeda
Authors: Marshall Paul 
Published: January 2009

Abstract
This chapter describes Islamist terrorists’ developed ideology and how to them this explains and justifies their brutalities. It then contrasts their stated motives and rationales with press coverage of their attacks in Yemen, Bali, Iraq, Pakistan, and Saudi Arabia, seeking to show that both the terrorists’ goals and the identity of their victims are repeatedly misstated. Whereas Al Qaeda consistently describes its intended targets in religious loaded terms—as Christians, Jews, Crusaders, followers of the cross, Hindus, Buddhists, apostates, idolaters, infidels, and polytheists—and will frequently spare people, even Americans, if they are Muslims, many journalists consistently describe Al Qaeda strikes as attacks on “westerners,” “non-Arabs,” or “Americans” and their allies. Consequently, the connection between Australian and United Nations actions in East Timor and the bombings in Bali and of the UN compound in Baghdad were missed almost entirely.
Introduction
Authors: Berman Joshua A. 
Published: January 2009

AbstractThe Introduction explores the social and economic structures of ancient Near Eastern societies identifying a divide between the dominant tribute imposing class and the dominated tribute bearing class. Building upon the work of Norman Gottwald, the Introduction stakes the claim the Pentateuch represents a blueprint for an egalitarian order. Terms such as “egalitarian” and “social stratification” are defined. The Introduction explains that the current study is one of “biblical religion” as opposed to “Israelite religion” and examines the difference between them. The Introduction clarifies why this study engages the final, received form of the Pentateuch, rather than analyzing it within the classical source‐criticism. At the same time, it is argued that we may locate the final form of the text against our broad knowledge and understanding of the world of the ancient Near East. The Introduction concludes by briefly sketching the contents of each of the chapters, and indicating where the new contributions to scholarship in each.
Egalitarian Theology
Authors: Berman Joshua A. 
Published: January 2009

AbstractThis chapter contains the argument that drives the rest of the book. The rejection of hierarchy is rooted in a major theological shift. Social and political hierarchy in the ancient Near East received metaphysical legitimation, as the heavenly order was construed as paralleling the terrestrial one. The common person in this scheme emerges as a servant, the lowest rung in the hierarchy, as evidenced in Mesopotamian creation epics Atrahasis, and echoed in Egypt and Ugarit well. The theology of covenant in the Pentateuch rejects this. In light of parallels with Late Bronze Age suzerainty treaties, the covenant narratives implicitly suggest that the whole of Israel—not its king, not his retinue, not the priests—bears the status of a vassal king entered into treaty with a sovereign king, God. While much of this material has been extant in the scholarship for some fifty years, the material is examined here in new light, and from two directions. The first borrows observations from the field of anthropology concerning the role and display of honor between superiors and subordinates that offers new insight into the suzerain‐vassal paradigm for the relationship between God and Israel. The second is a revisiting of the Hittite treaties whose form and language are paralleled in the covenantal material in the Pentateuch. This study concludes that not only does Israel as a collective whole attain the status of a subordinate king, but that, indeed, hierarchy is eschewed as every man in Israel becomes endowed with this status as well. Parallels are drawn between the Israel as vassal paradigm, and Israel as spouse paradigm.
Egalitarian Technology
Authors: Berman Joshua A. 
Published: January 2009

AbstractThis chapter examines the role that technology may have played in advancing the egalitarian platform. The adoption of the technology of the alphabetic script and its use in creating texts in ancient Israel is a result of a dynamic relationship between technology, on the one hand, and a distinct theological and social mind frame on the other that is unafraid of educating the masses. In Mesopotamia and in Egypt, by contrast, texts were produced, read, memorized, and transmitted by a scribal elite, and composed in scripts that were inherently difficult to master—hieroglyphics and cuneiform. Literacy in ancient Israel was probably always the purview of professional scribes. But passages in Deuteronomy, Exodus and in the prophetic writings of the Isaiah, Jeremiah, and Habakuk suggest that such texts should be produced for the masses, read to them, remembered and transmitted by them. Examining the role of the printing press in the flourishing of 16th century Western Europe sheds insight into how the Bible sought to optimize the newfound technology of the alphabetic script in the southern Levant in an unprecedented manner, by utilizing the power of the alphabetic text and its potential for wide circulation. Whereas in Mesopotamia and in Egypt writing was turned inwards as a guarded source of power, in Israel it was turned outwards and reflected the Bible's egalitarian impulse. The dissemination of such texts through writing and reading to the masses accords with other biblical emphases such as the domestication of national religion, the shift from a cult of objects to a cult of words and ideas, and the rise of a national vernacular literature. An examination of the role and status of writing within Greek thought generally, and the thought of Plato in particular, highlights the special status accorded writing within biblical thought.
Egalitarianism and the Evolution of Narrative
Authors: Berman Joshua A. 
Published: January 2009

AbstractScholars of the rise of the novel in 18th century England have noted that the evolution of the genre of the novel in place of the drama or the epic poem, reflects Enlightenment thinking about nature, about the individual, and about class differences. The novel emerges as a vehicle in which new literary techniques are developed that both reflected and in turn further spurred these humanist impulses. This development serves as a heuristic prism for the final chapter, which demonstrates how biblical narrative adapted and advanced modes of storytelling in the ancient Near East to better convey its egalitarian agenda. This occurs on the level of content: the Pentateuch's stories place the entire nation at center stage—as opposed to some divinely elected monarch—in a way not evinced anywhere else in the ancient Near East. But biblical narrative also advances the egalitarian agenda in a more subtle way—through the rhetorical tools it employs, the mechanics of storytelling. Even as covenant addresses the entire nation, it essentially challenges each member of the polity to strive for moral and spiritual excellence. The Pentateuch's stories—much like its sermons and law codes—essentially address each member of the polity. The poetics employed by biblical narrative place a premium on complex characterization and on highlighting the dilemmas and trials faced by its protagonists. From the story of the Garden of Eden through the challenges of leadership faced by Moses, biblical narrative emerges as an educational tool well‐suited to instructing the members of the polity, as each of them faces the challenges of jealousy, of temptation, of rising above self‐interest, of heeding God's word. To demonstrate how biblical narrative technique reflects and serves a covenant theology, this chapter compares the biblical account of the rescue of baby Moses (Exod 2:1–10) by Pharaoh's Daughter and the legend of the rescue of Sargon of Akkad as an infant. The two accounts are strikingly similar, and yet it is precisely on the score of characterization and highlighting the moral choices faced that the Bible's refinement of rhetorical tools emerges.
Explaining International Norm Change
Authors: Sandholtz Wayne 
Published: January 2009

Abstract
This chapter offers three main arguments. The first is a claim that existing perspectives on international norms are limited by their focus on norms as outcomes. The second main argument develops a general model of normative change. At the heart of the model is a cycle linking actions to disputes, disputes to arguments, and arguments to norm change. The final section of the chapter argues that the dynamic of international norm change over the past century exhibits an overarching pattern.
Refugees and Asylum
Authors: Chiu William 
Published: January 2009

Abstract
This chapter explores how, through various steps and missteps, international norms governing refugees and asylum-seekers have evolved in response to events and crises of the 20th century. The two great wars of the 20th century triggered crucial rounds of normative development. The debates over what to do with refugees created by World War I and the Russian Revolution led to ad hoc measures and an emerging norm of care for refugees. The Holocaust triggered a new cycle of norm change, out of which emerged international organizations (UNHCR) and treaties (the 1951 Convention and its 1967 Protocol) designed to ensure basic rights for refugees and asylum-seekers. In subsequent refugee crises, states have sought to limit their international responsibilities toward refugees.
The early cantatas
Authors: Jones Richard D. P. 
Published: January 2009

Abstract
This chapter focuses on Bach's early cantatas. The musical style Bach employs in his early cantatas is rooted in Lutheran tradition, though he takes full advantage of the immense range of formal and technical procedures available to Lutheran composers around 1700 and shows himself to be alive to ‘modern’ trends imported from Italy. There is no doubt that he must have learnt much from the sacred works of his predecessors and older contemporaries, such as Hammerschmidt, Rosenmüller, Buxtehude,Pachelbel, Schelle, and Kuhnau, as well as from prominent members of his own family, such as Johann Michael and Johann Christoph Bach.
The Weimar cantatas
Authors: Jones Richard D. P. 
Published: January 2009

Abstract
This chapter explores Bach's cantatas for the Easter season, Christmas season, Lent-Easter, Trinity season, and Advent. Bach was exposed to much new Italian music at the Weimar court, guiding his own creativity in new directions. And his encounter with the new operatic style of libretto for the sacred cantata was clearly a decisive factor. Whereas the old type of cantata text, still used in Bach's early cantatas, consisted largely of biblical words and chorales, the new type was at first made up exclusively of madrigalian verse, designed to be set in an alternation of recitative and arias. Not long afterwards, however, the new type of libretto was modified by reintroducing biblical words and chorales alongside the madrigalian verse, thereby creating an element of continuity with past traditions. This mixed type is most relevant to Bach's Weimar period, for it was employed by Salomo Franck, resident poet at the Weimar court, during the years (1713-16) in which he collaborated closely with the composer.
Institutions of Law
Authors: MacCormick Neil 
Published: January 2009

Abstract
This book offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known ‘institutional theory of law’, defining law as ‘institutional normative order’ and explaining each of these three terms in depth. It attempts to fulfill the need for a 21st century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. Institutions of Law is written with a view to elucidating law, legal concepts, and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the state and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly ‘system theory’. It also seeks to clarify the nature of claims to ‘knowledge of law’ and thus indicate the possibility of legal studies having a genuinely ‘scientific’ character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be ‘positivist’ as that term has come to be understood. Nevertheless, it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.
Wrongs and Duties
Authors: MacCormick Neil 
Published: January 2009

Abstract
Law is sometimes said to rest on a fundamental binary distinction, that between right and wrong. This chapter explores this distinction of right and wrong. It then attempts to tease out some particular juridical usages of the ideas of ‘duty’ and ‘obligation’, to show that we might not wish to treat these as fundamental in the same way, but as having somewhat specialized functions in denoting particular kinds of normative position or relation.
Powers and Public Law: Law and Politics
Authors: MacCormick Neil 
Published: January 2009

Abstract
This chapter discusses powers in public law, and the distinctive character of public as against private power, leading into a discussion of the interface between public law and politics. It argues that law and politics are certainly not and cannot possibly be opaque to each other. Mutual respect for the difference of roles in a constitutional regime of separated but mutually interactive powers is not only (in a trivial sense) essential to the security of such a regime; it is essential to a well-secured rule of law. The conceptual difference must be fully acknowledged between law as a normative order of right and wrong versus politics as a domain of statecraft guided by considerations of prudence.
Constraints on Power: Fundamental Rights
Authors: MacCormick Neil 
Published: January 2009

Abstract
This chapter begins with a discussion of the background to and evolution of the idea that there must be recognition of fundamental rights that no government can legitimately overthrow or undermine. It then considers the level of institutionalization such rights have achieved in the contemporary world. Finally, it returns to the question — Where is the line to fall between judicial and executive responsibilities? — and the doubt expressed about the desirability of institutionalizing fundamental rights in certain ways.
Criminal Law and Civil Society: Law and Morality
Authors: MacCormick Neil 
Published: January 2009

Abstract
This chapter reviews the most essential functions of law, including criminal law, within a contemporary constitutional state. It suggests that the most basic demand citizens ought to make of criminal law is that it contributes to securing the conditions of civility and social peace, thus sustaining civil society. This, however, cannot be a function of the criminal law alone, for without social justice the conditions of solidarity and civility are not capable of being achieved. Criminal law and public law have to work in tandem, and cannot work at all to these ends without background social conditions that the law does not establish, but which it can damage.
Private Law and Civil Society: Law and Economy
Authors: MacCormick Neil 
Published: January 2009

Abstract
This chapter argues that just as law interacts especially closely with politics when public law is in focus, so it interacts especially closely with economics when private law is in focus. The legal system, the political system, and the economic system together sustain, or perhaps constitute, the state and civil society. The chapter has five main sub-themes. The first concerns private law in its narrower sense, as the law of private life and private relationships. These relationships themselves belong within a broader set of concerns, those relating to the ‘private sector’ of the economy. The chapter considers private law in this broader sense, and how law and economy interact. Some general reflections on the institutions of private law are provided, with particular reference to the law of torts or delict and the forms of corrective justice involved in that. Finally, law, economy, and information are discussed, focusing particularly on the topic of intellectual property.
Positive Law and Moral Autonomy
Authors: MacCormick Neil 
Published: January 2009

Abstract
Morality is differentiated from law above all in being normative but not institutional. According to one approach, morality has the important character of enshrining and depending upon the autonomy of moral agents. This then indicates a fundamental distinction between morality and law, even though both focus often on essentially similar questions. This chapter presents an argument to this effect.
Laws and Values: Reflections on Method
Authors: MacCormick Neil 
Published: January 2009

Abstract
This chapter considers and seeks to rebut possible objections that might be raised to the methods adopted in this book in relation to the study of law and legal concepts, and to the line it takes concerning the possibility of ascribing any kind of scientific status to legal scholarship. A case is developed that supports the methodology of interpretative analytical inquiry intrinsic to the present version of the institutional theory of law.
Nonfinancial Disclosure between ‘Shareholder Value’ and ‘Socially Responsible Investing’
Authors: Denozza Francesco 
Published: January 2009

Abstract
Under European law, issuers of financial instruments must disclose as soon as possible information which would be likely to have a significant effect on the prices of those financial instruments. When a sufficient number of investors decide whether or not to carry out stock investments in a specific company after having taken into account nonfinancial information, information of this kind can have a significant effect on the prices. It follows that the disclosure of socially relevant data may be mandatory even when those data are financially immaterial and their disclosure may harm the company and its actual shareholders. Thus, we become aware of the existence of a conflict between investors interested in nonfinancial information and other investors. The European law's choice of imposing the disclosure of nonfinancial information, even when it could harm the company and its shareholders, puts the interest of investors concerned only with the maximization of the value of their shares after the interests of other investors.
Introduction
Authors: Reisberg Arad 
Published: January 2009

Abstract
This monograph is concerned with one of company law's most thorny aspects: the derivative action. The derivative action is the route by which shareholders — usually minority shareholders — are able to enforce the company's rights where directors have breached their duties. Derivative actions are an important aspect of the continuing debate about corporate governance in the UK, the US, and many other jurisdictions worldwide. The theoretical inquiry advanced in this book is predicated on five interrelated suppositions. The book conceptualizes these underlying themes in an effort to move and extend the discussion on derivative actions beyond its current scope, and in particular, to these areas which are traditionally overlooked. It provides a fundamental reassessment of the nature and objectives of the derivative action, and conceptualizes a new model of the derivative action mechanism.
The Proper Scope of Transnational Competition Law
Authors: Noonan Chris 
Published: January 2009

AbstractThis chapter addresses the issue of whether an additional, broader international antitrust defence should be recognized and the form that such a defence should take. Section 10.2 argues that a qualified effects doctrine is a justifiable and superior rule to territorial jurisdiction for determining the scope of application of competition law. Section 10.3 examines various ways to reduce the extent of concurrent jurisdiction. Section 10.4 examines ways to improve the management of concurrent jurisdiction. Section 10.5 summarizes the conclusions of Part II of the book.
Dispute Settlement and Enforcement
Authors: Noonan Chris 
Published: January 2009

AbstractThis chapter examines the position of private parties and states in disputes under an international competition law agreement. It focuses on the WTO Dispute Settlement Understanding (DSU) because it already has dealt with, and will deal with further, international competition law disputes. It argues that a dispute settlement process for international competition law may be more effective if it was part of the WTO. However, the nature of DSU procedures limits the types of disputes that can be effectively dealt with by the DSU and should limit the ambitions of any WTO agreement on competition law.
The Emerging Principles of International Competition Law
Authors: Noonan Chris 
Published: January 2009

AbstractThis chapter briefly summarizes the conclusions of this study and presents a set of emerging principles of international competition law. The emerging principles seek to align the components of the international competition law system that builds a consensus among states that the long-term interests of all states would be advanced if international competition law had the overall objective of maximizing global consumer welfare. The emerging principles include (1) subsidiarity; (2) no common competition law; (3) a multifaceted international institutional agreement; (4) non-discrimination and consistency; (5) procedural fairness; (6) transparency; (7) ensuring effective enforcement; (8) competitive effects jurisdiction; (9) international enforcement cooperation and judicial assistance; (10) from technical assistance to enforcement cooperation; and (11) dispute settlement.
Introduction
Authors: Shany Yuval 
Published: January 2009

Abstract
This introductory chapter situates incidents of interplay between national and international courts over similar disputes within a broader legal and historical context: the penetration of international law into domestic law and the expansion of domestic law across national borders. These developments have resulted in increased interaction between national and international judicial proceedings and have contributed to the blurring of the distinction between national and international law, and between national and international law-applying institutions. The chapter also briefly discusses the main conceptual obstacles to regulating the jurisdictional relations between national and international courts: dualism, hierarchy and disintegrationism, and explains why failure to regulate the aforementioned jurisdictional relations entails certain costs for the parties, the courts involved and international law in general. Finally, the chapter sets out the research question, the structure of the work, and the methodological limits encountered.
Flexible Jurisdiction-regulating Rules
Authors: Shany Yuval 
Published: January 2009

Abstract
This chapter discusses the application of two general principles that may regulate the jurisdictional relations of national and international courts: comity and abuse of right (abus de droit). It explains the policy rationales underlying both principles, the legal basis for applying them, and the promise of overcoming conceptual hurdles which their inherent flexibility provides. It then explores a series of procedural contexts in which they may be applied — stay of proceedings designed to facilitate cross-fertilization between one set of proceedings and more advanced or suitable parallel proceedings, considering the effects of past decisions on similar or related matters, deferential review of previous decisions, providing other courts involved in the litigation process with discretion in implementing judicial decisionsm, and addressing different forms of misconduct by the parties.