bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Minimal Absolutist Approach II: Arguments for an Absolute Prohibition on Torture
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter provides arguments for a minimal absolutist prohibition on torture. Logically, once anti-absolutism is rejected, torture must be prohibited absolutely, as it contains the worst acts one person can possibly inflict on another. Some examples are used to illustrate the depth of inhumanity to which, it is argued, those who justify torture in a ticking bomb situation must be prepared to sink. To become a torturer, a person must suppress all compassion and self-regard, and become instead a calculating pain-inflicting machine. The torture-justifying morality is incapable of supplying reasons not to torture the terrorist's child to ensure his compliance. Nor would the terrorist's potential innocent civilians be safe from calculations by torture-justifiers that their death would prevent a more costly attack and thus must not be prevented. In contrast, a minimal absolutist view would oppose anyone becoming a victim of torture or of terrorism.
Is there a ‘Public Morality’ that is Distinct from ‘Private Morality’?
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter considers whether there is, in extreme situations, a ‘public morality’ that is distinct from ‘private morality’ and its implications on the ‘ticking bomb’ debate, including a discussion of the ‘dirty hands’ dilemma. Theorists have argued that there are differences between action in the private and public spheres relating to representation, numbers, impersonality and impartiality, violence and consequences. However, those justifying torture in a ticking bomb situation have relied on general consequentialist arguments rather than limiting them to the public sphere or to officials. The effects of torture by officials would nevertheless be much more extensive than if inflicted by a private individual, and officials have a positive duty to protect the population. Theorists have argued that in the real world citizens must limit the powers of leaders, including by absolute prohibitions based on general moral grounds.
The ‘Torture Warrants’ Model
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter describes and analyzes the theoretical ‘torture warrants’ model, according to which judges would issue warrants for torture in ticking bomb situations in the same way that they issue search warrants. The model would be based on principles of issuance by an independent authority, specific authorization, and reasonableness. However, procedures for issuing search warrants are administrative, or quasi-judicial, and ex parte, affording few of the safeguards that courts can offer. Search warrants tend to be issued unquestioningly in the overwhelming majority of cases in the two states examined — Israel and the USA. A properly-issued warrant grants the officials concerned immunity from prosecution, entailing impunity for all officials torturing in good faith. Israel's Supreme Court in effect issued ‘torture warrants’ during the Landau years, consistently allowing torture (‘physical methods’, etc.) whenever the State insisted that there was need for it.
Part III—Conclusions
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter concludes Part III, which examines four models of legalized torture. Neither Israel nor the USA have succeeded in limiting torture to ticking bomb situations (or to high value detainees), although both states have refined their models in an effort to do so. Both states claim, probably rightly in some specific cases, that torturing (not so named) has thwarted terrorist attacks and saved lives. Neither, however, has claimed to have thereby put an end to such attacks, and the counterclaim that torture has overall done more harm than good, including in terms of human lives, cannot easily be refuted. Other conclusions are to be drawn following the discussion of salient legal issues arising from the models, in Part IV.
The ‘Defence of Necessity’ as Legal Grounds for Torture
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter analyzes national and international legal materials to consider the viability of the ‘defence of necessity’ (DoN) as legal grounds for torturing in a ticking bomb situation. As the chapter explains, in order to provide such grounds the DoN would have to be shown as constituting, at least potentially, an uncapped ‘choice of evils’ justificatory defence. While there is a narrow theoretical scope for interpreting the DoN in England and the USA as having these characteristics, German and other legal systems ‘cap’ it, placing absolute restraints on ‘lesser evil’ calculations. Exempting torturing interrogators from criminal liability using the DoN violates states' international legal obligations to prevent and punish torture. In international criminal law, including the Rome Statute of the International Criminal Court, the ‘defence of necessity’ is conflated with that of duress, and its availability is closely linked to the unavailability of justifications for acts such as torture.
Are ThereStillAny Natural Rights?
Authors: Steiner Hillel 
Published: January 2009

AbstractThis chapter considers various factors that may have led Hart to dissociate himself from his renowned 1955 essay on natural rights. It concludes that neither Hart's subsequent doubts about the Will Theory of rights nor the difficulties of deriving certain rights from the one natural right championed in the 1955 essay can account for Hart's apparent repudiation of that essay.
Hart and the Liberalism of Fear
Authors: Ryan Alan 
Published: January 2009

AbstractThis chapter explores Hart's debate with Lord Devlin over the legal regulation of homosexuality — a debate largely sparked by the publication of the Wolfenden Report in 1957. It observes that Hart's esteem for the valuable functions of law was coupled with a recognition of law's dangers, and that Hart upheld the liberal ideals of John Stuart Mill by insisting that the proper role of government is to allow individuals to pursue multifarious objectives and ways of life.
2 Chronological Systems
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
The standard chronological reference in many ancient cities was the eponymous year—the name of the chief magistrate who served during that year. Some ancient historians also dated by reference to a numbered Olympiad, beginning with the first Olympic observance, traditionally dated to the summer of 776 BC. Where kings ruled, it was customary to number the years of the monarch. Numbering the years from the foundation of a city or an epochal date in its history was also common. A system of numbering the years by reference to a 15‐year period known as the Indiction, with a base‐date in AD 312/13 emerged in the eastern Empire. Some Christian writers numbered the years from the Creation of the cosmos, others from the Passion of Jesus. Each city had its own calendar, with different names for the month and a different point for the beginning of the year.
5 The Structure of the 19‐Year Cycle
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
The Easter‐table of Dionysius Exiguus is organized with eight columns of data: (1) years of the Lord, (2) a number from 1 to 15 for the Indiction; (3) the age. (epact) of the moon; (4) a number (concurrent) from 1 to 7 for the day of the week; (5) a number from 1 to 19 for the circuit of the moon; (6) the date of the Pasehal 14th day of the moon; (7) the dateof Easter Sunday; (8) the age of the moon on that Sunday. This chapter explains the mathematical basis for each column as deriving from the Alexandrian calendar. Column 5, however, serves no apparent purpose for Easter calculations. Its origin has been the subject of scholarly discussion since the time of Bede.
7 The 8‐Year Cycle and the Invention of the Epacts
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
Eusebius attributes to Dionysius of Alexandria (249–65) both the earliest known assertion of a rule that Easter can be observed only after the equinox and the use of an eight‐year cycle (octaeteris) for Paschal calculations. The Coptic tradition, however, remembers Demetrius of Alexandria (189–232) as ‘the inventor of the epacts’ and Ethiopic texts attribute to him a Paschal computus beginning in AD 214. The earliest extant Paschal cycle is a 112‐year period attributed to Hippolytus, beginning with the full moon of 13 April in AD 222. The cycle of Hippolytus is based on the octaëteris and probably represents the adaptation of the cycle of Demetrius to the Roman calendar. Another 112‐year cycle is extant, composed in 243, but beginning with the full moon of 1 April in the year 242. Its authorship and provenance are unknown.
8 The 19‐Year Cycle of Anatolius
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
Anatolius, an Alexandrian scholar who became bishop of Syrian Laodicea, was the first to use the 19‐year cycle for Easter calculations. The cycle is not extant, but Eusebius quotes a substantial portion of the preface. A longer, Latin text claiming to be the preface of Anatolius may contain genuine material, but cannot be authentic in its present form. From the quotation by Eusebius and other evidence, we can conclude that the cycle of Anatolius began with epact I on 22 March. Scholars have reconstructed the cycle of Anatolius on the assumptions that he recognized 22 March as the date of the equinox and that he placed the extra day of the saltus at the end of the cycle. A reconstruction that better fits the later history of the cycle assumes 21 March as the date of the equinox and a saltus in the 12th year.
9 Athanasius and the Council of Sardica
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
A collection of the Paschal letters of Athanasius in a Syriac translation provides important evidence for the form of the Alexandrian 19‐year cycle in the time of Athanasius. Not all of the letters have survived, but the Syriac manuscripts do preserve a summary of the chronological data for the entire collection. The data in this “Festal Index” are such as one would find in an Easter table, and they sometimes include years numbered from Diocletian. The era of Diocletian arose in response to the administrative reforms of that emperor Its use in an Easter table does not imply a reform of the Alexandrian cycle during the reign of Diocletian. The sequence of epacts in the Index agrees neither with the cycle of Anatolius nor with the classical cycle. That sequence suggests that Athanasius modified the cycle of Anatolius in connection with the Council of Sardica in 343.
11 Paschal Calculations at Rome
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
In the early fourth century, the Roman church adopted an 84‐year Paschal cycle that began with the 14th day of the moon on 13 April in AD 298. An 84‐year cycle is based on the 28‐year period after which weekdays repeat in the Julian calendar and on a combination of four 19‐year and one eight‐year lunar cycle. Several versions of this 84‐year cycle with its saltus at the end of every twelfth year have survived. An 84‐year cycle with its saltus at the end of every fourteenth year was in use in Britain and Ireland. Some scholars have thought this was the original form of the cycle as devised by one Augustalis in the third century. That theory rests on a fragile foundation. It is more likely that the British form of the cycle was a secondary adaptation.
14 Evidence for the Chronology of Jesus
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
According to Luke, Jesus was about 30 years old at the time of his baptism in the 15th year of the emperor Tiberius, AD 29. Most ancient writers therefore dated the Nativity to the 41st or 42nd year of Augustus, 2 or 3 BC Yet both Matthew and Luke say that Jesus was born during the reign of Herod, who died in 4 BC. Luke also says that Jesus was born at the time of a census, when Quirinius was governor of Syria. Judaea was organized as a province and the first census taken in AD 6. Scholars have sought to harmonize the data by arguing that the 15th year of Tiberius was earlier than AD 29 and that there was an earlier census. The seventeenth‐century astronomer Kepler dated the Nativity to 6 BC on the basis of celestial phenomena that he thought accounted for Matthew's story of the Star of Bethlehem
15 The Christian Era of Dionysius Exiguus
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
The date of Dionysius Exiguus for the first year of Christ in AD 1 disagrees with almost all other ancient authorities. Many scholars state that Dionysius synchronized his year 1 with the year 754 from the foundation of Rome. That synchronism is a modem inference that nowhere appears in the writings of Dionysius. Some have argued that Dionysius incorrectly dated the years of Augustus. Another hypothesis holds that Dionysius generated his date by adding the 532‐year Paschal period to the presumed age of Jesus at his death of 3l years, then designating as 563 the year in the tables that produced a date for Easter on 25, March. Several scholars have claimed that Dionysius derived his date from Eusebius of Caesarea. One has argued that Dionysius designated as 2000 the year in which he thought the present age would come to and end. None of these hypotheses is persuasive.
16 The Christian Era of Panodorus
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
Panodorus of Alexandria dated the birth of Christ to the cosmic year 5493. In his chronological system that year corresponded to 1 BC/AD 1. Some early modem scholars suggested that Dionysius Exiguus had his date from Panodorus. Recent scholarship has denied any connection. The cosmic era corresponding to 5493/2 BC is known as “the Alexandrian era”. Annianus invented the Alexandria era, with an epoch of 25 March 5492 BC and a date for the Nativity on 25 December of the year 5501, AD 9 His colleague Panodorus adjusted the era to correspond to the Alexandrian civil year, beginning I Thoth = 29 August, 5493 BC. The date of Panodorus for the birth of Christ in the year 5493 therefore corresponded to 25 December of 1 BC—the same date implicit in the Christian era of Dionysius Exiguus. In asserting that date against Annianus, Panodorus perhaps reaffirmed the traditional date of Julius Africanus.
One Political Economy, One Competitive Strategy?
Authors: Herrmann Andrea M. 
Published: January 2009

AbstractThis book examines how firms adapt to the pressures of increasing international competition by testing both the arguments on ‘strategy specialization’ proposed in the competitiveness literature in general, and those offered by contributors to the ‘varieties of capitalism’ debate in particular. If different economies are characterized by distinct institutional arrangements — successful firms would be the ones that exploit their comparative advantages and specialize in the competitive strategies facilitated by national institutions. The book begins with an assessment of how many pharmaceutical firms in Germany, Italy, and the UK pursue strategies facilitated by national institutions governing financial markets, antitrust activities, and the labour market. Quantitative analyses reveal that deviant firms, competing through institutionally unsupported strategies, outnumber conforming firms by far. Not only does this finding run counter to the expectations of the competitiveness literature, it brings up a whole new line of inquiry. How can firms compete through strategies that are not supported by national institutions? To address this question, the book combines quantitative analyses with qualitative insights, showing that firms do not necessarily exploit comparative institutional advantages, but that they can successfully circumvent institutional constraints. International markets and individual collaboration on a contractual basis allow firms to compete despite comparative institutional disadvantages. These findings suggest that trade liberalization tends to foster strategy diversification rather than strategy specialization, depending on the inventiveness of entrepreneurs in developing individual approaches toward competing.
3 Linking Financial Market Institutions, Corporate Finance, and Competitive Strategies
Authors: Herrmann Andrea M. 
Published: January 2009

AbstractThis chapter analyses how firms can compete despite comparative disadvantages of national financial-market institutions. It first studies whether pharmaceutical firms in Germany, Italy, and the UK require different types of financing to pursue strategies of radical product innovation, incremental product innovation, and product imitation, respectively. Since quantitative analyses of corporate balance sheets show this to be the case, the chapter goes on to ask how firms can acquire the necessary financial means if their provision is limited by unfavourable national institutions. Illustrating how firms collaborate with foreign investors, it identifies international financial markets as a functional equivalent to national institutions promoting the availability of institutional (venture) capital. It concludes with reflections on how these findings contribute to the resource-based view and the competitiveness literature, and illustrates how a Schumpeterian perception of firms as creative entrepreneurs helps to explain how they compete despite comparative institutional disadvantages.
Community and Economics1
Authors: Storper Michael 
Published: January 2009

AbstractCommunity has a problematic relationship to economics. In general, contemporary political economics holds that groups have strongly negative effects on economic efficiency and growth, because groups bind individuals into situations where they can no longer realize their preferences, exit freely, and find effective representation for their interests. Communities are, at best, necessary evils when there are egregious market failures. There are other strands of economic research, however, that can be drawn on to provide micro-foundations for the welfare-enhancing properties of communities. With these in hand, we can draw a more complete picture of the potential welfare effects of communities, revealing how geographical processes — increasing factor mobility and global market integration — strongly affect the shape and functioning of communities and hence alter the balance of their positive and negative economic welfare effects.
4 Re‐animating the Place of Thought: Transformations of Spatial and Temporal Description in the Twenty‐First Century
Authors: Thrift Nigel 
Published: January 2009

AbstractThis chapter documents the hard work put in by business to the task of ‘explicitation’ through concept-practices like ‘community of practice’ and the dividends that it has paid in terms of constructing a series of realities — new kinds of inhabitation — in which business forms a foregrounded background. In particular, it outlines how a new kind of spatial ‘atmosphere’ is being created which allows different kinds of subjects, objects and worlds to be thrown together through the construction of what might be called the ‘inhabitable map’.
6 Project Work as a Locus of Learning: The Journey Through Practice
Authors: Scarbrough Harry , Swan Jacky 
Published: January 2009

AbstractMany organizations ‘re-invent the wheel’ by failing to capture and spread what has been learned from particular projects. This inability to exploit the learning from projects has worrying implications for the growing popularity of the project form as a way of organizing work. This chapter identifies the role which project work plays as a source of learning which emerges alongside, within, and sometimes against, communities of practice. The theoretical framework produced by this analysis is explored through brief case-study descriptions of three projects which produced very different outcomes in terms of the generation, capture and spread of learning. This allows us to derive some conclusions as to the factors influencing the role of projects as a source of learning within organizations, and the implications for attempts to exploit such learning as an organizational resource.
7 Breakthrough Innovation and the Shaping of New Markets: The Role of Communities of Practice1
Authors: Delemarle Aurélie , Larédo Philippe 
Published: January 2009

AbstractThis chapter analyses how the creation of a new inter-organizational communities of practice can help the ‘break out’ of dominant technological paradigms. It focuses on the crystallization role that communities of practice can play and on how they can provide a space in which new technological options can gain credibility. It draws on in-depth analysis of one case study — the emergence of asynchronous logic — an alternative architecture to the prevalent clock-based logic. It shows that although the communities of practice studied recognized the value of asynchronous logic, it was unable to change the wider institutional environment, linked in this case with the establishment of one standard which would enable the microelectronics industry to adopt this technology. In light of this, the chapter concludes that inter-organizational expert communities of practice should be seen as enablers of multiple explorations in the life cycle of breakthrough innovations rather than as facilitators of exploitation.
10 Open, But How Much? Growth,Conflict, and Institutional Evolution in Open‐Source Communities1
Authors: Mateos-Garcia Juan , Steinmueller W. Edward 
Published: January 2009

AbstractIf ‘open source’ is taken as a practice employed in organizing human knowledge-related activities, it may be applied more broadly than just with software. Wherever it is used this chapter contends that processes of negotiation and governance will emerge as means to deal with conflicting interests and visions of community purpose (or epistemic identity). A variety of possible institutional designs for these negotiation and governance processes are possible and each will be tested by the problems of sustaining participation, the growth of the community to include more diverse participants and contests over the paths of development of collective effort. These designs and their subsequent tests are examined empirically for the Debian open source software distribution and Wikipedia open source encyclopaedia creation communities. Conclusions regarding the significance of the initial choice of rules, the processes available to alter these rules, and the potential for dissipation or disruption of efforts are reached, and a proposal to conceive of open source activities as having important parallels to the management of museums rather than bazaars is advanced.