bluuebunny/crossref_metadata_2025_split huggingface dataset:
Discretion and Public Policy: Timing the Unity and Divergence of Legal Orders
Authors: Lindahl Hans 
Published: January 2009

Abstract
This chapter views discretion not only as the scope of legal power, but also as power over the scope of the law. This sheds light on the process by which the EC and its Member States negotiate the unity and divergence of their respective legal orders in the context of the public policy exception. Section 2 considers the case law of the discretionary exercise of the public policy reserve to show that there is little hope of confirming the hypothesis of conceptual divergence. Drawing on Hans Kelsen's analysis of the indeterminacy of legal norms, Section 3 introduces the twofold sense of discretion. Section 4 situates discretion in a general theory of constituent and constituted power. Section 5 examines public policy in the light of this denser notion of discretion. Section 6 radicalizes the analysis of ‘playing for time’, suggesting that the negotiation of divergence does not merely take place in time but is also and perhaps primarily about the unity of time.
Laws at Cross-Purposes: Conceptual Confusion and Political Divergence
Authors: van Roermund Bert 
Published: January 2009

Abstract
The hypothesis of the research project reported in this volume is that basic concepts of EU law are conceptually divergent in spite of their lexical similarity, due to the fact that they are rooted in, and revert back into, domestic legal frameworks that have cogent ways of their own of rewriting facts in terms of legal consequences. This chapter argues that this hypothesis must be refined. Conceptual divergence is the epiphenomenon of two more basic forces: conceptual confusion and political divergence. There is a lack of conceptual clarity pervading community as well as domestic law in our times, both of which appear to be driven by and followed by divergent political pursuits from various legal agents, not all of them Member States.
On the Unity of European Labour Law
Authors: Christodoulidis Emilios , Dukes Ruth 
Published: January 2009

Abstract
This chapter examines European labour law. It focuses on the binding unity in European labour law and the divergence in terms of the competing interests of capital and labour. It addresses the following questions: In what sense precisely is the articulation of unity and divergence not problematic but instead productive for law? What are the ideological effects of this productivity? What strategic use can be made of the articulation — and at what level — of unity and divergence?
Beginnings
Authors: Smith Nicholas J. J. 
Published: January 2009

AbstractThe first part of the book provides a conceptual map of theories of vagueness. At the centre of the map is the classical view of vagueness, according to which the semantics of vague language is exactly the same as the semantics of precise language. This view applies the standard model theory for precise mathematical language to vague language. The key elements of this classical model theory then give the axes of the space of possible theories of vagueness. This chapter deals with preliminaries. Section 1.1 introduces some basic formal tools. Section 1.2 presents the classical semantic picture which will be located at the origin of the map.
The Space of Possible Theories of Vagueness
Authors: Smith Nicholas J. J. 
Published: January 2009

AbstractThis chapter presents the main existing theories of vagueness, as well as some possible theories which have not yet found advocates. Each theory is presented not necessarily as it was first presented in the literature, but rather as it looks from the point of view of the classical semantic picture. That is, the chapter examines whether, and if so how exactly, different theories of vagueness depart from that picture.
Public Employment Services and European Law
Authors: Freedland FBA Mark , Craig QC FBA Paul , Jacqueson Catherine , Kountouris Nicola 
Published: January 2009

AbstractThe present book examines the developing legal regimes and regulation of public services in the UK and other European countries. Public services are examined though a case-study of the complex area of public employment services. These are job-placement and vocational training services which aim to maximize employment and minimize unemployment within EU member States' Active Labour Market policies. Employment services are seen as being at the centre of a complex web of rules in both hard and soft forms of law deriving from the EU, national public law and from private, and at times contractual, agreements. The analysis also suggests that they also lie at the crossroads of a series of trends in regulation, and priorities have been inspired by an array of conflicting policy rationales. These policy rationales include the establishment of an open and competitive European internal market, the establishment of an efficient welfare state, the scaling down of state administrative machinery, the fulfillment of core public service responsibilities, and the creation of public private entities for the discharge of essential social services. The investigation also proved that public employment services provide a highly informative and novel case study of the interaction and conflict between the economic and social aims of the EU and between regulation at national and supranational levels, and the changing forms which this regulation has taken.
Introduction
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola 
Published: January 2009

AbstractThis introductory chapter starts by presenting what is arguably a new and developing methodology in the study of European Law in general and social law in particular. This methodology is informed by the principles of multidisciplinarity, and multilevel intradisciplinarity (where a rounded understanding of European law is achieved through the study of national law, EC law, other supranational laws, public law and private, social law, economic law at the same time). The chapter also discusses the book's three main hypotheses about the regulation of public employment services in Europe. That is that arguably the regulation of public services in general, and employment services in particular, has been witnessing a progressive shift (i) from public to more private law modes of regulation; (ii) from socially informed to more economically inspired regulatory regimes; and (iii) from essentially national to increasingly supranational levels of regulation.
Conceptions of Public Service in European Law
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola 
Published: January 2009

AbstractThis chapter provides the first comparative reconstruction and analysis of the different historical, political and legal traditions in the conceptualisation of public services (or ‘services of general interest’). Focus is on the two different, and perhaps opposite, national models of regulation embodied by the British and the French regulatory regimes. While inevitably European integration is acting as a catalyst for change in respect of both models, the starting point could be hardly more different. But EC law is increasingly engaging and challenging this regulatory base. Since 2004, the EC has been keen in preserving a concept of services of general economic interest (e.g., telecoms, network industries, etc.) and ‘universal service obligation’, and its sectoral liberalization approach have also guaranteed that some degree of national diversity still persists. Rather than talking about convergence and divergence dynamics, the conclusions point at a growing level of liberalization but with disparate national impacts.
Modes of Governance and Regulatory Techniques
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola 
Published: January 2009

AbstractThis chapter analyses the various instruments that shape and regulate public services in Europe, with a particular focus on those instruments affecting social public services and employment services. It is suggested that public services, and employment services in particular, are placed in the midst of an extremely complex regulatory web composed by both traditional, hard law, instruments and by more reflexive and soft forms of regulation, ranging from policy Guidelines elaborated within the OMC framework, to funding arrangements provided by the European Social Fund. Crucially, this regulatory web is both woven at a supranational level and at a national and, sometimes, sub-national level and is inspired by both social and economic concerns. A visible trend is the growing role played by private and contractual modes of regulation, most obviously in the relationship between public services, private contractors/providers, and individual users.
Vocational Education and Training of the Unemployed and Public Employment Services
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola 
Published: January 2009

AbstractThis chapter analyses the provision of vocational education and training to the unemployed by public employment services, and increasingly private employment services. It is argued that these supply-side measures gained popularity in the 1970s. The initial rationale sustaining its growth was that of upgrading human capital with a mix of transferable and job-specific skills. However, once more some recent changes are emerging in the shadow of ‘workfarism’, and in particular to (i) the growing link established between vocational education and training and unemployment benefits; (ii) the processes of decentralization and contracting out; and (iii) the worrying trend of skills offered merely to meet the immediate needs of employers (s.c. ‘Work First’ approach). These changes could progressively lead to a progressive marginalization of vocational education and training as such, and its replacement by ad hoc work contracts (which are not necessarily contracts of employment) with a training component.
Monism, Interpretivism, and Law's Aim
Authors: Letsas George 
Published: January 2009

Abstract
This chapter argues that the differences between Dworkinian interpretivism on one hand, and positivism and natural law on the other can be located not on the question of law's connection to moral justification, but rather on different types of moral justification in general. It focuses on what Liam Murphy has called monist and dualist theories of practical principle. It shows that what Gardner takes to be an inconsistency within Dworkin's interpretivism can be explained away under non-monist theories of practical principle. It identifies a non-monist interpretivist position that stands on its own as a separate view even if it cannot be attributed to Dworkin.
An Epistemic Account of the Internal Point of View
Authors: Hatzistavrou Antony 
Published: January 2009

Abstract
This chapter presents an epistemic account of the internal point of view. It argues that to have the internal point of view towards law is to be epistemically guided by law and especially by the rule of recognition. The chapter is divided in the four parts. The first part argues contra Shapiro that Hart accepts a variety of motives for one's conformity, which do not include the consideration that a legal rule applies. The second part argues contra Holton that the inconsistency in Hart's account of the internal point of view arises only on Holton's assumption that the internal point of view has motivational clout and that this assumption is ungrounded. The third part constructs an account of the internal point of view on which it provides only epistemic guidance. Finally, the fourth part explains how, on the proposed account, the internal point of view is distinguished from the external point of view.
Antigone and the Nature of Law
Authors: Staehler Tanja 
Published: January 2009

Abstract
This chapter argues that Antigone is a tragedy about law and its inherent conflicts. The nature of the human as it emerges from this tragedy has to include an understanding of the human as a creature entangled in law, or specifically, as both creator of and subject to laws. There is an essential tension at the core of law. On the one hand, it is the nature of law that it has to be conceived as something unchangeable, like the sacred laws which Antigone invokes to justify her actions. On the other hand, laws are either created by humans or at least receive their specific formulations from humans, and in that sense, they are open to criticism and modification. It is shown that approaching the law from the outset as open to changes and interpretations means not to treat it as a law.
Moral Reflections on the Responsibilities of Soldiers: The Clue to Devising a Legal Definition of Terrorism
Authors: Morris Robert 
Published: January 2009

Abstract
This chapter develops a morally acceptable means of legally distinguishing between terrorists and non-terrorists. The paper is divided into four parts. Building on the work of Schmid, the first part proposes a conceptual definition of terrorism which is both morally accurate and also politically acceptable to states. The second part lays out the moral problem that is often thought to be fatal to the kind of definition proposed. The third part attempts to solve the problem by examining the nature of the responsibilities of soldiers. The fourth part shows how the understanding of terrorism presented in the chapter can help improve legal definitions of terrorism. It argues that if we recognize in law the distinction between war crime terrorists and crime against peace (CAP) terrorists then a method of legally distinguishing between freedom-fighters and terrorists becomes apparent.
Apology and Reparation in a Multicultural State
Authors: Bennett Christopher 
Published: January 2009

Abstract
This chapter examines a problem for a particular version of the communicative theory of punishment — one that gives central place to the notions of apology and reparation. It argues that a condition on the viability of such a theory for a pluralistic or multicultural state is that citizens of such a state are able to reason together about questions of appropriate emotion: that such questions, in other words, can be resolved by the public reason of that state.
Contracts, Promises, and the Demands of Moral Agency
Authors: Voyiakis Emmanuel 
Published: January 2009

Abstract
This chapter discusses some aspects of how general moral theory, and our intuitions about the demands of moral agency and responsibility in particular, could help moral agents respond to this problem. The chapter is divided into three parts. Part I describes a couple of general parameters of the task of justifying contract law by appealing to conceptions of moral agency. Part II discusses Seana Shiffrin's recent account of that question. Part III concludes by drawing out some implications of the points in the preceding parts for contract theory. The chapter puts forward two claims. First is that we have good reason to be morally sceptical towards accounts of contract law that show the bulk of what we uncontroversially take to be its rules and doctrines to be unjustified. The second and broader claim is that for all its surface appeal, the quest to accommodate contract law within a general conception of moral agency and responsibility underdetermines a host of important disagreements about which aspects of our agency contract law speaks most pertinently to.
Introduction: Consequences of War
Authors: Edele Mark 
Published: January 2009

Abstract
Challenging basic assumptions in the scholarly literature, the history of Soviet veterans is set into the wider context of the history of Soviet society and the global history of veterans as well as the Soviet war cult. Veterans were important actors in nearly all postwar societies of the 20th century, usually organized as a movement or singled out by legislation. In the Soviet Union, despite the intense war cult, neither was the case for a long time. The political leadership refused to institute a lasting status and only reluctantly, from 1956 onwards, allowed severely circumscribed organization. Nevertheless and despite considerable disintegration of the group after demobilization was over, veterans continued to display a sense of special entitlement, which formed the basis of their continued social integration. Eventually, once their numbers had dwindled and only the youngest generation of war survivors remained by the 1970s, this sense of entitlement was recognized by the state and became a legal status.
The Epic of Return
Authors: Edele Mark 
Published: January 2009

Abstract
This chapter focuses on the experience of demobilization, in particular between 1945 and 1948. The mass return of soldiers to the Soviet Union was marred by considerable disorganization, violence, and chaos. The authorities in no way completely controlled this mass population movement, but rather kept the lid on a boiling pot. The chapter explores this epic of return, the way Soviet soldiers traveled back home, how they brought back their loot (or ‘trophy goods' in polite Soviet parlance), and what expectations were raised by the propaganda which accompanied their way back. The chapter concludes that the experience of demobilization was crucial in the development of a strong sense of entitlement among former soldiers.
‘A Great Profession’
Authors: Edele Mark 
Published: January 2009

Abstract
This chapter focuses on one of the ‘problem groups' among veterans: the disabled. They were in a paradoxical position. On the one hand, they were the only subgroup of veterans with a continued legal status in postwar society. However, welfare policies were constructed with the intention to put as many of the ‘Invalids of the Patriotic War’ to work as possible and welfare institutions were underdeveloped and severely dysfunctional. As a result, many disabled veterans became marginalized in postwar society. The continuing symbolic affirmation of their special status combined with this experience of neglect to produce severe resentment, which would fuel much of the beginning veterans' movement in the 1950s and 1960.
Marked for Life
Authors: Edele Mark 
Published: January 2009

Abstract
A second problem group consisted of former prisoners of war (POWs). Their handicap was political rather than physical. The Stalinist regime was extremely suspicious of anybody who had been under enemy control, in particular soldiers who had, as the official euphemism called it, ‘given themselves into captivity’. POWs were screened by the secret police in so‐called ‘filtration camps' (where they had to perform forced labour) before being released back into the army or home, if they had not been arrested and deported to Siberian exile or the Gulag during the process. Once outside of the barbed wire, these veterans remained on the watch‐lists of the security apparatus, and were frequently arrested again in the last years of Stalin's rule. Only in the 1950s did they receive a somewhat silent rehabilitation, while official recognition of their wartime and postwar suffering had to wait until the 1980s.
The Struggle for Organization
Authors: Edele Mark 
Published: January 2009

Abstract
The idea of establishing institutions which would represent the interests of former soldiers had been popular ever since the First World War. However, official policy was strongly opposed to such organizations, which were seen of dubious political loyalty and devoid of an ‘objective base’. Therefore, the humble beginnings of an organized movement during the war were soon undone by decree. Only in 1956, when the Soviet leadership attempted to join, for propaganda reasons, the World Veterans Federation, did an organization emerge. An official veterans' union was formed which was soon taken over by activists who continually misunderstood its reason for existence. From here on, the movement developed in a dynamic where local enthusiasm had to be curtailed constantly from above, as the political leadership was not ready to accept a mass movement of former soldiers. Only under Gorbachev did the regime finally give in to the wishes of the veterans.
Introduction: Reconstruction off track
Authors: del Castillo Graciana 
Published: January 2009

Abstract
Iraq and Afghanistan are hardly alone in having to face failure in their transition to peace. Since the end of the Cold War, countries at low levels of development — ranging from Haiti to Timor-Leste, to Liberia, Sierra Leone, Burundi, and others in Africa, and several in the Balkans — have emerged from civil conflict to establish a fragile peace. Others, such as Colombia, the Palestinian territories, and Sudan, it is hoped, will begin such a transition soon. The purpose of the book is to integrate theoretical and practical issues related to post-conflict economic reconstruction in a methodical, comprehensive, consistent, and rigorous way to facilitate effective reconstruction and national reconciliation and to ensure that conflict will not recur. The book is based on personal experience but in addition provides a comprehensive review of the literature.
3 Definitions and characteristics
Authors: del Castillo Graciana 
Published: January 2009

Abstract
The book uses the term ‘economic reconstruction’ in a broad sense to include not only rehabilitation of basic services and rebuilding of physical and human infrastructure, but also the stabilization and structural reform policies, as well as the microeconomic foundations required to create a market economy and reactivate investment and broad-based growth. This chapter argues that countries in reconstruction do indeed share a number of characteristics with countries in the process of normal development but such similarities should not lead to their conflation. The chapter discusses how policymaking in countries coming out of crisis — whether conflict, natural disasters, or financial chaos — differs from policymaking under normal development. Since countries coming out of war have a high risk of relapsing into conflict, the chapter also argues that it may be more effective to use scarce resources in the few countries undergoing reconstruction than in preventive diplomacy across the world.
7 UN‐led reconstruction following UN‐led negotiations: El Salvador2
Authors: del Castillo Graciana 
Published: January 2009

Abstract
In El Salvador, the UN mediated a peace agreement and ONUSAL played a major supporting role in its implementation. An elected government made all executive decisions and set priorities for economic reconstruction, in consultation with the FMLN. Many consider El Salvador's war-to-peace transition the most successful in the post-Cold War period, owing to its emphasis on DDR programs and to a clear exit strategy for ONUSAL as the country moved into normal development. This chapter illustrates how a business-as-usual approach by the UN and the IMF led to confrontations as the separate economic and peace processes moved forward and how the FMLN stopped demobilization, blaming the government for delays in the arms-for-land program. The chapter analyzes how public debate led to better coordination and greater fiscal flexibility in the IMF-supported program, avoiding the return to war. The chapter also looks at the UN performance in economic reconstruction and draws lessons.