bluuebunny/crossref_metadata_2025_split huggingface dataset:
24 Organizational Factors Inhibiting Receptive Catholic Learning
Authors: Reese, SJ Thomas J. 
Published: January 2009

Abstract
This chapter identifies and reflects upon the organizational factors militating against receptive ecumenical learning within Roman Catholicism. It argues that Roman Catholicism has reached a plateau on which it will be stuck for some time into the future. This may have been all right in the days when the world changed at a glacial rate, but today political, cultural, and social changes occur at light speed. The church can no longer take decades or centuries to respond to change. The future of the church and any programme of Receptive Ecumenism and Catholic Learning must be based on faith, hope, and love.
Self, Agency, and Mental Causation
Authors: Lowe E. J. 
Published: January 2009

AbstractThis chapter shows how, consistently with accepting a fairly strong principle of physical causal closure, a dualistic theory of mental causation can be made plausible by emphasizing the explanatory role that can be accorded to mental states in accounting for what would, in their absence, appear to be mysterious coincidences in the ways in which apparently unconnected physiological events give rise to coordinated bodily movements. It is argued that it is crucial to their occupying this kind of explanatory role that mental states are intentional states and that mental causation is distinctively intentional causation — the bringing about of intended effects.
Causal Closure Principles and Emergentism
Authors: Lowe E. J. 
Published: January 2009

AbstractLooking at a wide range of causal closure principles of differing strengths, this chapter argues that the stronger principles are less plausible than the weaker while the weaker are less capable of playing an adequate role in any causal closure argument for physicalism. The upshot is that there is plenty of scope for a psychophysical dualist to accept a moderately strong principle of physical causal closure while also advocating a genuine and autonomous causal role for mental states in the genesis of intended physical behaviour. Such a dualist may consistently espouse a form of emergentism in the philosophy of mind, according to which non-physical mental states are causally autonomous and yet are themselves ultimately the products of prior physical evolution.
Physical Causal Closure and the Invisibility of Mental Causation
Authors: Lowe E. J. 
Published: January 2009

AbstractThis chapter develops more detailed models of mental causation of the kinds adumbrated, and explains why, if such models are correct, it should nonetheless appear to be the case, from the perspective of physical scientists, that all of the causation involved in human behaviour is purely physical in character. In other words, it is explained why mental causation, thus conceived, should be invisible from such a perspective — the implication being, of course, that its invisibility should not be regarded as compelling evidence of its non-existence. In this manner, it is hoped to take some of the wind out the sails of those physicalists who presume uncritically that ‘science is on their side’.
Could Volitions Be Epiphenomenal?
Authors: Lowe E. J. 
Published: January 2009

AbstractThis chapter looks at the claims of some philosophers and philosophically-minded psychologists that volitions or acts of will are merely epiphenomenal, in the sense that they do not actually play the causal role customarily assigned to them in the genesis of our intentional physical behaviour. These claims are allegedly supported by empirical studies supposedly showing that volitions are at best side-effects of the neurological processes which, according to these theorists, really initiate and sustain that behaviour. It is argued, however, that the empirical evidence in question not only does not, but could not, support the interpretation favoured by these theorists, because our very ability to conceive and investigate causal hypotheses in the sciences is predicated upon the fact that we are beings capable of actively intervening, at will, in the course of nature.
Needs, Facts, Goodness, and Truth
Authors: Lowe E. J. 
Published: January 2009

AbstractThis chapter examines the important distinction between practical and theoretical reason and rationality. As a consequence, a modification is made to the version of externalism regarding reasons for action advocated elsewhere in the book. It is contended that the sorts of items that properly qualify as reasons for actions, externalistically conceived, must differ fundamentally from those that properly qualify as reasons for belief, and that these items are needs rather than facts. It is also argued that this ontological difference between reasons for action and reasons for belief goes hand-in-hand with equally fundamental differences between the logic of action and the logic of belief.
The Violence of Dispossession: Extra-Territoriality and Economic, Social, and Cultural Rights
Authors: Craven Matthew 
Published: January 2009

Abstract
This chapter explores the issue of extra-territoriality and its relations to economic, social, and cultural rights (ESC rights). The discussion of extra-territoriality and ESC rights is placed in the context of the Arendt's critique of the ‘Rights of Man’ as developed in the work of Agamben and Balibar. It argues that Arendt's warning that the advancement of human rights might justify processes of exclusion and dispossession at precisely the same moment at which it opposes them, retains considerable force for the contemporary ESC rights project, particularly when the latter is framed in territorial terms.
Non-State Actors and Economic, Social, and Cultural Rights
Authors: Ssenyonjo Manisuli 
Published: January 2009

Abstract
This chapter attempts to examine the role of non-state actors (NSAs) in the realization of economic, social, and cultural rights (ESC rights). It addresses the following questions: Who are NSAs? Can the state be held accountable for human rights violations caused by NSAs? Can NSAs ignore ESC rights as long as states don't hold them accountable? Do international human rights treaties relevant to ESC rights impose responsibilities on NSAs? Can NSAs be accountable directly under human rights law? Finally, is there a need for the human rights regime to adapt to take account of the role of NSAs if it is to maintain its relevance? It argues that NSAs should support the emerging global framework for human rights responsibilities of NSAs as a means to achieve good governance, encourage participation, strengthen their own anticorruption controls, and provide assistance in ways that strengthen states human rights obligations.
Violations of Economic, Social, and Cultural Rights: The Current Use and Future Potential of the Collective Complaints Mechanism of the European Social Charter
Authors: Churchill Robin R. , Khaliq Urfan 
Published: January 2009

Abstract
This chapter reviews the operation of the collective complaints system and assesses its future potential. It describes the genesis of the system and then goes on to explain how complaints are made and dealt with, before offering some thoughts about the utility and effectiveness of the system and its future prospects. In order to place the system in a general human rights context, the chapter begins by discussing the question of the justiciability of economic and social rights. It then gives an overview of mechanisms for seeking to ensure compliance by states with their obligations under other treaties concerned with such rights.
The Rights to Social Security and Social Assistance: Towards an Analytical Framework
Authors: Tooze Jennifer 
Published: January 2009

Abstract
This chapter argues that the rights to social security and to social assistance in international law can be translated into state obligations that can be effectively monitored and enforced. It begins by discussing the International Covenant on Economic, Social and Cultural Rights and ways of monitoring and enforcing the progressive obligations in it. It introduces the concepts of social security and social assistance. State obligations are then identified by applying the tests of availability, adequacy, and accessibility. Issues relating to expenditure are considered.
The Functioning of the Court of Justice in an Enlarged Union and the Future of the Court
Authors: Schiemann Konrad 
Published: January 2009

Abstract
This chapter discusses the challenges faced by the European Union with regards to the functioning of the Court. These include the language challenge, the members of the Court, the rules of procedure, and the timing and delivery of the opinion. It is argued that the present system on the whole works reasonably well at trying to fulfil conflicting demands.
The Court of First Instance, its Development, and Future Role in the Legal Architecture of the European Union
Authors: Forwood Nicholas 
Published: January 2009

Abstract
This chapter examines the development of the Court of First Instance (CFI) over the last 18 years, and offers some thoughts as to the possible evolution of its role. It argues that the role of the CFI will in practice be determined by the willingness of the European Court of Justice (ECJ) to take the necessary steps to enable the Court of Justice, as an institution, to evolve in order better to deal with present and future challenges. Only bold initiatives and farsightedness will give the ECJ, and all the other courts within the new judicial architecture, a real chance to significantly reduce delays and improve their service for the users of the courts — both national judges and litigants alike — while maintaining the high standards that are rightly expected by Europe, its institutions and its citizens.
Litigating in Luxembourg and the Role of the Advocate at the Court of Justice
Authors: Vaughan David , Gray Margaret 
Published: January 2009

Abstract
This chapter considers some of the ways in which litigating before the Court of Justice differs from litigating before United Kingdom courts, and how those differences affect the manner in which the advocate appearing in Luxembourg performs his task. The first part of the chapter considers the question of who goes to court in Luxembourg and why. It addresses two specific questions: (a) what issues are litigated in Luxembourg; and (b) who may appear before the Court as parties and as legal representatives. The second part considers the way in which the Court's unique methods of working affect the written and oral stages of proceedings and the judgment, as well as the specific role played by advocates in those proceedings. The third part considers the impression that an advocate can make upon the Court, in particular, where its judgments have recorded a discernible win on the part of a claimant, or the reception into the case law of a legal principle enshrined in a national legal system. Finally, the role of the advocate beyond Luxembourg is considered.
The Role of the ECJ in the Protection of Fundamental Rights
Authors: Tizzano Antonio 
Published: January 2009

Abstract
This chapter examines the role of the European Court of Justice in protecting fundamental rights. It shows that the Court's approach in this area developed progressively over several decades and different phases, through a number of judgments which were as bold as they were far-sighted. It has undertaken a dynamic interpretation of Community law, developing to their full extent principles inherent in the legal order originally created by the Treaties. The Court has carried out its mission and fulfilled its role in a consistent manner.
The Financial Services Single Market and the Interface between Community Law and Domestic Law
Authors: Lomnicka Eva 
Published: January 2009

Abstract
This chapter examines the interaction between traditional domestic law approaches and Community law in a single market, focusing on the financial services sector. It argues that facilitating the single market means rethinking traditional methods of determining both which Member State's laws apply to cross-border activity and which Member State's institutions have competence to enforce those laws. It is not enough to continue to permit Member States to invoke those traditional principles of private international law and territoriality, and to fall back on the Treaty freedoms or to attempt harmonization, without more, to overcome the impediments to cross-border activity that those traditional methods give rise to. Those traditional methods were developed in the context of independent states, jealously asserting and guarding their autonomy to devise and enforce their own laws. Membership of the EU — and the commitment to a single market — challenges this attitude, as does harmonization which challenges the wisdom of insisting on the cumulative application of Member States' laws that are (in theory) the same.
The Evolution of Economic and Monetary Union – Some Legal Issues
Authors: Usher Ja 
Published: January 2009

Abstract
This chapter discusses legal aspects of the Economic and Monetary Union (EMU). Topics covered include EMU and capital movements, EMU and differentiated integration, monetary policy, and economic union. The EMU shows that there can be exclusive Community competence in relation to a group of Member States rather than the Community as a whole, and it also shows that rules relating to the group have been extended to the Community as a whole through the use of Article 308. It has created a new institutional structure, with an apparently enormous degree of independence, which has been tempered by a judgment of the ECJ. In the context of economic policy, it has created new enforcement machinery, based on what some would regard as a rather arbitrary choice of figures for government debt and deficits.
A Panorama of Two Decades of EU External Relations Law
Authors: Eeckhout Piet 
Published: January 2009

Abstract
This chapter discusses two decades of external relations law, focusing on continuity and change. It considers the evolving external powers of the EU, where the focus will be on the interaction between trade and foreign policy; it then looks at the effects which international agreements and international law produce in EU law. The contributions by Advocate General Jacobs are highlighted.
Multilevel Constitutionalism and Judicial Protection of Freedom and Justice in the International Economic Law of the EC
Authors: Petersmann Ernst-Ulrich 
Published: January 2009

Abstract
This chapter discusses some of the ‘constitutional problems’ in the national and international judicial protection of individual freedom and justice in the international relations law of the EC. Topics covered include bottom-up structures of multilevel human rights constitutionalism, top-down structures of multilevel economic constitutionalism, different conceptions of constitutional democracy, international market governance, the role of the European judge as an agent of justice and of multilevel economic constitutionalism inside the EC, and the limits of European constitutionalism.
Direct Effect of Treaties in the US and the EU, the Case of the WTO: Some Perceptions and Proposals
Authors: Jackson John H 
Published: January 2009

Abstract
The subject of how international treaties are treated in the ‘municipal’ or domestic jurisprudence of a treaty member has a long, complex and somewhat meandering history. It is also a subject of surprising complexity and articulate controversy. This chapter discusses policy landscape for domestic treatment of international treaties and treaty application in the case of GATT and WTO as applied in the US and EU.
The Effect of European Community Law on Irish Law and the Irish Constitution
Authors: Fennelly Nial 
Published: January 2009

Abstract
This chapter examines the impact of EC law on Irish courts. It is shown that Irish courts have generously embraced and applied Community law, its subject matter and its principles. Direct conflict has been avoided. The decisions of the Supreme Court in Meagher and in Maher demonstrate a willingness to abstain from constitutional scrutiny of measures necessitated by the obligations of membership, by application of a flexible test.
Peace Agreement Patterns
Authors: Bell Christine 
Published: January 2009

AbstractThis chapter examines the types of peace agreement patterns which emerged from peace processes in widely varying types of conflict. It attempts to clarify terms and move beyond the difficulties of defining peace agreements by providing a classification of peace agreements, rooted in the concept of pre-negotiation agreement, substantive/framework agreements, and implementation agreements. The chapter also describes the types of issues dealt with at different stages of a peace process, and assesses the extent to which the different documents produced at different stages of a peace process are framed as legal documents. Finally, the chapter addresses mediation patterns and sets out the range of actors who constitute third parties in contemporary peace agreements.
The Peace Agreement in Historical Context
Authors: Bell Christine 
Published: January 2009

AbstractThis chapter provides a brief, emblematic history of peace agreements from the Treaty of Kadesh in around 1280 BC until the contemporary peace agreement. The history is used to argue that peace agreements involving a mix of state and nonstate actors have been a persistent feature of conflict resolution efforts, with a remarkable continuity. However, whether they were assumed to operate in the domestic or the international sphere has changed over time. The historical analysis demonstrates that peace agreements have therefore had a role in reshaping what is understood to be the international sphere, by defining what constitutes ‘the national’.
Unconscious, Conscious, Bodily
Authors: Farkas Katalin 
Published: January 2009

AbstractOne objection to the thesis of Chapter 1 is that I have privileged to the states of my body, not only to my mind. But this is contingent: someone else could be appropriately ‘wired’ to my body and learn about its states, but they would not thereby learn about my feeling concerning these states. The thesis of Chapter 1 is also compatible with the view that standing — or dispositional — mental states are themselves non-conscious; the states can be still accessible to conscious reflection. Another objection is based on the phenomenon of self-deception, and on Freudian unconscious states which are not available to reflection. The objection is answered by arguing that the notion of unconscious mentality is parasitic on the notion of conscious mentality.
The Internal and the External
Authors: Farkas Katalin 
Published: January 2009

AbstractThis chapter introduces the Twin Earth argument for externalism about content. A precise definition of the external/internal distinction is sought by focusing on the relation between the twin subjects in the Twin Earth argument and in the brains-in-a-vat scenario. It is argued that physical, behavioural, or functional equivalence between the twin subjects does not capture properly the essence of the externalist thesis. Instead, we should say that two subjects are internally the same if their situation is subjectively indistinguishable, or if everything seems the same to them. The subjective indistinguishability relation can be understood in metaphysical terms, as sameness of phenomenal properties or sameness of narrow content. The alternative is to understand the relation in epistemic terms; this option is attractive for those who are externalist about phenomenology or reject any notion of narrow content.
Protecting Reputation: The Principal Test for What is Defamatory
Authors: McNamara Lawrence 
Published: January 2009

AbstractThis chapter evaluates the manner and extent to which reputation is protected under modern common law. Section I looks at the place moral judgment has occupied in the principal test for what is defamatory. By examining the actionability of particular imputations and general statements of legal principle, it is possible to see how the legal standard of judgment gradually acquired a particular content, that being the traditional values of Christian morality. Section II addresses the quantitative dimension of diversity and it is suggested that the American ‘sectional standards’ test is to be preferred to the Anglo-Australian law that looks to the ‘general standards’ of the community. Section III moves to the substance of the views held in a jurisdiction. It looks at how qualitative distinctions have been drawn between different moral taxonomies to limit the legal protection of reputation in particular ways. Here, it is suggested that determinations of defamatory capacity depend upon processes of ‘ethical recognition’ of criteria for moral judgment.
Status Equality Law and Policy
Authors: McCrudden Christopher 
Published: January 2009

AbstractThis chapter discusses the development of status equality law and policy — domestically, internationally, and in the European context. There are two main functional models to which anti-discrimination laws conform: an individual justice model, and a group justice model. More recently, however, two additional approaches are apparent: an attempt to secure the implementation of equality norms extraterritorially, and the introduction of ‘mainstreaming’. The chapter considers these important dimensions of equal status law and policy before setting out the different ways in which equality-based procurement linkages aim to advance one or more of these functional models.
Procurement Linkages and Developing Countries
Authors: McCrudden Christopher 
Published: January 2009

AbstractThis chapter examines the use of procurement linkages aiming to further status equality in two developing countries — Malaysia and South Africa — and reactions to these policies at the international level. First, the development of procurement linkages in South Africa since the fall of apartheid and South Africa's decision not to join the GPA are discussed. Second, the approaches adopted by Malaysia, especially the defeat of a proposed multilateral agreement on transparency in government procurement, are considered. The use of domestic constitutional law to avoid tensions caused by the use of procurement linkages to bring about changes in other countries is examined in the context of the United States Supreme Court's decision relating to the constitutionality of the Massachusetts legislation concerning Myanmar.
Interpreting the Government Procurement Agreement
Authors: McCrudden Christopher 
Published: January 2009

AbstractThis chapter examines the relationship between procurement linkages and the interpretation of the existing GPA. If a state subject to GPA disciplines takes action on status equality using procurement linkages, World Trade Organization (WTO) adjudicatory institutions may be called on to determine whether these actions are in compliance with trade disciplines. The issue will be the appropriate amount of legal space that states will be given to pursue such goals.
Divergence and the Francovich Remedy in German and English Courts
Authors: Künnecke Martina 
Published: January 2009

Abstract
This chapter assesses the extent to which the common law system differs from a codified system in the application of the Francovich principle and the extent to which this results in divergence. A comparison of the English and German law of state liability suggests that it is easier to achieve an integration of the Francovich remedy in English courts than it is in German courts. In a more pragmatic case-by-case approach, English courts have successfully embedded the Francovich remedy into English law. The German position, on the other hand, is marked by a more reluctant attitude. Case examples have shown that the German Federal High Court (BGH, Bundesgerichtshof) does not favour a Europeanized version of the codified tort liability, possibly leaving this to the legislature.