bluuebunny/crossref_metadata_2025_split huggingface dataset:
Paul Samuelson and Financial Economics
Authors: Merton Robert C. 
Published: January 2009

AbstractThis chapter's appraisal places models of time and uncertainty in household allocation of resources at the center of the Samuelson Contribution. It assesses Samuelson's contributions to the areas of efficient market theory and risk analysis, portfolio selection, and option and warrant pricing. Samuelson found that efficient markets do not allocate resources the way casinos do. Rather, asset prices vary randomly around an optimal path that can be discerned mathematically. The theory links spot price with future prices in order to forge a solution where spot prices are determined by optimal control theory. Samuelson's work in warrants and option pricing provides a bridge between early and later option pricing models, thanks to his insights on hedging and mathematical analysis that were incorporated into subsequent theories.
Introduction
Authors: Burrows Noreen , Greaves Rosa 
Published: January 2009

AbstractThis introductory chapter begins with a brief discussion of the primary purpose of the book, which is to study the Advocate General in the European Court of Justice of the European Communities. Specifically, it aims to demonstrate the role of the Advocate General in the Court's procedure and explain the potential significance of the submissions of the Advocate General in the Court's reasoning and decision making; it attempts to answer the question of whether the Advocate General does assist the Court as he is required to do by Article 222 of the Treaty (EC); and it assesses the contribution of the Advocate General in developing principles of European Community law. The chapter then discusses the origins of the Advocate General, appointment of judges and Advocates General, functions, and independence of the Advocate General. The methodology used in the study and an overview of subsequent chapters is presented.
The Advocate General and human rights standards
Authors: Burrows Noreen 
Published: January 2009

AbstractThis chapter examines the role of the Advocate General within the context of human rights. It discusses the case-law of the European Court of Human Rights. It then considers the single occasion on which the European Court of Human Rights had reason to examine the question of the Advocate General in the proceedings of the European Court of Justice — the case of Emesa Sugar. It argues that for the moment, the European Court of Justice appears to have set itself against a full consideration of the human rights aspects of its procedures insofar as they concern the function of the Advocate General.
The Advocates General and the development of the principle of direct effect
Authors: Burrows Noreen 
Published: January 2009

AbstractThis chapter examines the Opinions of a number of Advocates General in the cases relating to direct effect. Its purpose is to analyse the concept of direct effect from the standpoint of the Advocate General. It addresses questions such as: How did the Advocate General approach the case? What kind of thinking influenced him? Is it clear from the Opinions that the Advocates General understood the constitutional significance of the questions before the Court? Topics discussed include origins of the constitutional principle, direct effect of directives, and horizontal effect of directives.
The contribution of Advocates General to the development of the principle of State liability in the European Community's legal order
Authors: Greaves Rosa , Reid Emily 
Published: January 2009

AbstractThis chapter analyses the European Court of Justice case-law on State liability with particular reference to the Opinions of the Advocates General. The chapter begins by examining Advocate General Mischo's Opinion and the European Court of Justice's judgment in Francovich with reference to the pre-Francovich case-law. Second, Advocate General Léger's Opinion in the Lomas case and Advocate General Tesauro's Opinions in the Brasserie du Pêcheur/Factortame III, ex parte BT and Dillenkofer cases are analyzed in the context of the origin and nature of the State liability principle under Community law and the conditions of liability for legislative, administrative and judicial failures of the State. Third, a selection of the subsequent Opinions and European Court of Justice judgments are considered, focusing in particular upon those which have helped to refine the conditions of liability. The chapter concludes with an appraisal of the Advocates General's contribution to the creation and development of this principle of Community law.
Introduction
Authors: Pearsall Sarah M. S. 
Published: January 2009

Abstract
This introductory chapter begins with a discussion of the most famous letter from Abigail Adams to John Adams, in which she exhorted him to ‘remember the ladies’. The chapter places this letter in its larger Atlantic context, arguing for the ways in which domestic rhetoric and concerns influenced more broadly political ones. It considers the ways that families enduring transatlantic distance used letters to make sense of chaos and to maintain a burgeoning Atlantic world. It also introduces the major arguments of the book, including the uses of representations of ‘family feeling’ amid disorder, the need to replace the transition from patriarchy to paternalism with more subtle expositions of cultural change, the integration of public and private worlds, and the political and cultural importance of ‘family feeling’ at the time of the American Revolution.
Familiarity in Life and Letters
Authors: Pearsall Sarah M. S. 
Published: January 2009

Abstract
This chapter defines the concept of familiarity, a means by which even individuals not related by family could achieve family-like relationships. Such familiarity — distinguished from either politeness or intimacy — allowed individuals adrift to join other circles and so find the support they implied. The chapter enumerates the ways familiarity could be established among non-family members by such means as the education and care of a child, or courtship and marriage. Letters helped to carve out a space of familiarity, even when distance separated family members, and forced them to rely on non-family members. Many printed letters, in epistolary manuals (such as The Complete Letter Writer), epistolary novels (such as Samuel Richardson's Pamela), and letter collections (such as that by Lord Chesterfield) helped to popularize this tone of familiarity. Family letters were a critical means of forging familiarity, and they did so in their tones and style, as well as their substance.
Sensibility in Life and Letters
Authors: Pearsall Sarah M. S. 
Published: January 2009

Abstract
This chapter probes the domestic origins of sensibility, or, as here defined, the ability to display a feeling heart. In many respects, sensibility originated in families, while also, like familiarity, moving beyond the immediate household-family. To write with feeling in familiar letters was one way to demonstrate that feeling, and to ensure the continuation of the ‘connexions’ with which so many were concerned. All kinds of epistolary manuals, as well as novels and stories, conveyed this message. It also appeared in printed letter exchanges, as, for instance, between Ignatius Sancho and Laurence Sterne. The chapter thus identifies a shift as this language of feeling became a dominant domestic one, one that joined the language of petitions. This rhetoric also resonated in ever wider circles, including political circles aiming to end slavery or to foment the American Revolution (in, for instance, John Dickinson's Letters from a Farmer in Pennsylvania).
Targeted Killing in International Law
Authors: Melzer Nils 
Published: January 2009

AbstractThis book is a comprehensive analysis of the lawfulness of state-sponsored targeted killings under international human rights and humanitarian law. It examines treaties, custom, and general principles of law to determine two distinct normative paradigms which govern the intentional use of lethal force against selected individuals in law enforcement and the conduct of hostilities. It also addresses the relevance of the law of interstate force to targeted killings, and the interrelation of the various normative frameworks which may simultaneously apply to operations involving the use of lethal force. The book shows in what circumstances targeted killings may be considered as internationally lawful. The practical relevance of the various conditions and modalities are illustrated by reference to concrete examples of targeted killing from recent state practice. The book argues that any targeted killing not directed against a legitimate military target remains subject to the law enforcement paradigm, which imposes extensive restraints on the practice. Even under the paradigm of hostilities, no person can be lawfully liquidated without further considerations. As a form of individualized or surgical warfare, the method of targeted killing requires a ‘microscopic’ interpretation of the law regulating the conduct of hostilities which leads to nuanced results reflecting the fundamental principles underlying international humanitarian law. It concludes by highlighting and comparing the main areas of concern arising with regard to state-sponsored targeted killing, and by placing the results of the analysis in the greater context of the rule of law.
Current Trend towards Legitimization
Authors: Melzer Nils 
Published: January 2009

AbstractThis chapter focuses on the trend towards the legitimization of targeted killing as a method of law enforcement, counter-terrorism and ‘surgical’ warfare. Topics covered include the German and Swiss concepts of the ‘final rescue shot’, the United Kingdom' shoot-to-kill policy, Israeli state policy of targeted killing, and the United States' policy of targeted killing in the framework of the so-called ‘global war on terrorism’.
The Analysis
Authors: Melzer Nils 
Published: January 2009

AbstractThis chapter introduces the analytical scope and approach of the book. It clarifies the parameters determining the attributability of targeted killings to states under international law, including the concepts of de iure and de facto state agency. It then discusses the interrelation of the international legal frameworks applicable to such state-sponsored targeted killings, namely the law of interstate force, human rights law and humanitarian law. The chapter concludes by explaining the conceptual approach underlying the subsequent analysis, which is based on the two distinct international normative paradigms of law enforcement and of hostilities.
Law Enforcement and the Conventional Human Right to Life
Authors: Melzer Nils 
Published: January 2009

AbstractThis chapter examines conventional human rights law, where the right to life is expressed in terms of protection either from ‘arbitrary’ or from ‘intentional’ deprivation of life. Every case of targeted killing by State agents occurring outside the territorial jurisdiction of the operating State brings the targeted person within the ‘jurisdiction’ of that State within the meaning of the ICCPR, the ACHR, and the ECHR. In other words, a State exercising sufficient factual control or power to carry out a targeted killing will also exercise sufficient factual control to assume legal responsibility for its failure to ‘respect’ the right to life of the targeted person under conventional human rights law. The extent to which a State also has a positive obligation to actively ‘protect’ the right to life of individuals outside its territorial jurisdiction, on the other hand, must be determined by reference to the level of control actually exercised over the territory or person in question.
Law Enforcement and the Protection of Life under International Humanitarian Law
Authors: Melzer Nils 
Published: January 2009

AbstractInternational Humanitarian Law (IHL) is the body of rules and principles specifically designed to regulate the conduct of States and individuals actively involved in situations of international or non-international armed conflict. This chapter examines whether and, if so, to what extent the lex specialis of IHL adjusts the normative content of the paradigm of law enforcement to the realities of armed conflict as far as the use of lethal force outside the conduct of hostilities is concerned. The analysis takes into account those provisions of international criminal law which are specifically designed to penalize the use of lethal force in situations of armed conflict.
Human Rights Law and the Paradigm of Hostilities
Authors: Melzer Nils 
Published: January 2009

AbstractAs a general rule, the role of human rights law in regulating the conduct of hostilities is very limited because it is superseded by IHL according to the principle of lex specialis generalibus derogat. Where the lex specialis of IHL provides a rule designed for a concrete situation it takes precedence over the continuously applicable lex generalis of human rights, regardless of whether that rule is more or less precise. This chapter discusses the regulation of hostilities through human rights law, and the case law of the European Court of Human Rights dealing with the conduct of hostilities. It argues that the direct application of human rights law to the conduct of hostilities does not import the rules and principles of law enforcement into the conduct of hostilities. Instead, the factual occurrence of hostilities requires an interpretation of human rights law in accordance with the paradigm of hostilities.
Permissibility of Targeted Killing as a Method of Conducting Hostilities
Authors: Melzer Nils 
Published: January 2009

AbstractThis chapter examines as to what extent the resort to targeted killings can be regarded as permissible under each of the conditions and modalities that govern the use of lethal force under the international normative paradigm of hostilities. Topics discussed include the applicability of the paradigm of hostilities, requirement of military necessity, requirement of distinction, requirement of proportionality, requirement of precaution, prohibition of denial of quarter, prohibition of perfidy, and prohibition or restriction of certain weapons. It is argued that the international normative paradigm of hostilities does not prohibit, but imposes extensive restraints on the method of targeted killing.
Comparative Conclusions
Authors: Melzer Nils 
Published: January 2009

AbstractThis chapter compares the results of the preceding analysis into the permissibility of State-sponsored targeted killing under the international normative paradigms of law enforcement and of hostilities by recapitulating the preconditions for the lawfulness of such operations under each paradigm, identifying the main concerns raised by recent State practice, and making a few concluding observations setting the respective findings into the larger perspective. It argues that the resort by States to targeted killings in the conduct of hostilities can neither be wholly condemned nor be welcomed without reservation. While the reduction of the conduct of hostilities to pinpoint operations against selected individuals may seem to limit the devastating effects of warfare to a greater extent than could ever have been anticipated in military history, this should not divert attention from the fact that armed conflicts remain inter-collective confrontations that are unlikely to be brought to an end, but may even be stirred-up and protracted, by individualized attacks alone.
Granular Patterns
Authors: Aranson Igor , Tsimring Lev 
Published: January 2009

Abstract
This book is a systematic introduction to the new and rapidly evolving field of patterns in granular materials. Granular matter is usually defined as a collection of discrete macroscopic solid particles (grains) with a typical size large enough that thermal fluctuations are negligible. Despite this seeming simplicity, properties of granular materials set them apart from conventional solids, liquids, and gases due to the dissipative and highly nonlinear nature of forces among grains. The last decade has seen an explosion of interest to nonequilibrium phenomena in granular matter among physicists, both on experimental and theoretical sides. Among these phenomena, one of the most intriguing is the ability of granular matter upon mechanical excitation to form highly ordered patterns of collective motion, such as ripples, avalanches, waves, or bands of segregated materials. This book combines a review of experiments with exposition of theoretical concepts and models introduced to understand the mechanisms of pattern formation in granular materials. The unique feature of this book is a strong effort to extend concepts and ideas developed in granular physics beyond the traditionally defined boundaries of the granular physics towards emergent fields, especially in biology, such as cytoskeleton dynamics, molecular motors transport, ordering of cells and other active (self-propelled) particles, dynamic self-assembly, etc.
Anti-Externalism
Authors: Mendola Joseph 
Published: January 2009

AbstractExternalism about mental content is the view that things outside of the skin or in the past are constitutive parts of present mental states. Internalism is the denial of externalism. This book propounds a plausible physicalist internalism, called qualia empiricism. Qualia empiricism is the conjunction of a modal structuralist account of perceptual experience, an account of the content contributed to thought by referring terms that deploys rigidified description clusters, and an account of non-epistemic internal resources that can bridge those first two elements. It also argues that externalism is supported by no reasons that withstand close scrutiny. These include case-based arguments and arguments entwined with externalist accounts of perceptual states and language. The book critically considers externalist arguments rooted in work by Putnam, Kripke, Burge, Millikan, Dretske, Papineau, Prinz, Fodor, Harman, Stampe, Stalnaker, Tye, Kant, Williamson, disjunctivists, Wittgenstein, Wright, Davidson, and Brandom, among others.
Introduction
Authors: Mendola Joseph 
Published: January 2009

AbstractThis chapter provides a characterization of internalism and externalism about mental content, introduces standard motivations for both, and sketches the structure of the book. Standard motivations for internalism include arguments from introspection and explanation. Standard motivations for externalism include intuitions about cases and more theoretical arguments entwined with externalist accounts of word-mediated thoughts and perceptual thoughts. And both externalists and internalist appeal to science. The goal of this book is to develop another internalist argument, by disposing of all standing externalist arguments and propounding an attractive internalism.
The Real Moral
Authors: Mendola Joseph 
Published: January 2009

AbstractThis chapter considers three clusters of facts about reference and truth. They depend on the vagueness and indeterminacy of reference, deference to experts about the notion of reference, and the way in which extensions of terms rest on quirky and arbitrary social facts. It explores the dark side of the linguistic division of labour. It argues that internalism is correct on these grounds, and that truth and reference are flawed semantic notions.
Private Language and Privileged Access
Authors: Mendola Joseph 
Published: January 2009

AbstractThis chapter develops a symmetry between one simple form of Wittgenstein's private language argument against internalism and standard internalist complaints rooted in explanation and introspection, for instance arguments of McKinsey and Boghossian. It argues that all of these negative arguments should be answered by internalists and externalists through the same strategy. It also develops a positive account of our introspective access to our thoughts, partly by contrast with Wright's work.
Language, Truth, and Inference
Authors: Mendola Joseph 
Published: January 2009

AbstractThis chapter examines externalism rooted in theoretical claims about the content of language-mediated thought, especially by a focus on Davidson's truth-based theory and Brandom's use-based theory. It also considers other form of interpretationism, and many forms of Wittgenstein's private language argument. It develops an internalist response to these various externalist theories and arguments, which involves incorporation of internalist variants of their various externalist mechanisms.
The Reception Process in Austria and Switzerland
Authors: Thurnherr Daniela 
Published: January 2009

Abstract
This chapter discusses the reception of the ECHR in Austria and Switzerland. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national law, an overview of the activity of the European Court of Human Rights, and the ECtHR's case law and its effects on the national legal order. Although both countries joined the ECHR at a relatively early stage, this starting position led to different outcomes. The main reason is because the common denominators of neutrality and federalism in these two countries are actually rather small: as Austria follows a very different concept of neutrality, it did not face any (political) difficulties before and during the ratification process. Switzerland, on the other hand, was very reluctant to join the Council of Europe and careful to avoid any concessions with regard to neutrality.
The Reception Process in Spain and Italy
Authors: Soriano Mercedes Candela 
Published: January 2009

Abstract
This chapter discusses the reception of the ECHR in Spain and Italy. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national law, an overview of the activity of the European Court of Human Rights, and the ECtHR's case law and its effects on the national legal order. It is shown that the application of the ECHR depends not just on the formal constitutional provisions but, even more importantly, on how constitutional courts have enhanced the Convention's effectiveness through their rulings.
The Reception Process in Greece and Turkey
Authors: Kaboğlu İbrahim Özden , Koutnatzis Stylianos-Ioannis G. 
Published: January 2009

AbstractThis chapter discusses the reception of the ECHR in Greece and Turkey. Both countries ratified the ECHR almost simultaneously in the 50's, without critically and rigorously scrutinizing their domestic laws as to their conformity with the ECHR, and despite theoretically recognizing judicial review of legislation, the Greek and Turkish courts have traditionally deferred to the other two branches of Government. However, in the last three decades, differences in the effectiveness of the ECHR in Greece and in Turkey have become increasingly visible. Following the restoration of democracy in Greece in 1975, the fundamentals of democracy and rule of law soon became commonplace. In contrast, in Turkey, the traditional resistance to reforms in the State bureaucracy, including the Judiciary, the deficient willpower of the Government's political branches for the implementation of the reforms, the rise of nationalism, and the role of the military have perpetuated the difficulties for an effective reception of the ECHR.