bluuebunny/crossref_metadata_2025_split huggingface dataset:
Ethical Issues in Teaching Death and Dying: Pedagogical Aims in End‐of‐Life Ethics
Authors: Perring Christian 
Published: January 2009

AbstractNearly all ethical issues in teaching can be formulated in terms of what it takes to be a good teacher. This chapter focuses on the ethical issues in death and dying, especially as they overlap with end-of-life issues in medical ethics. What should be the pedagogical aims in teaching these topics to undergraduates? This is an ethical issue addressing the stance of the teacher towards the students and what it means to be a good teacher. The current trend in educational assessment is to focus on the outcomes of education, generally in terms of skills gained. The skills of consulting with others in the emotionally-charged time of facing death and making good decisions are rarely covered. We need to face our limitations in knowing what count as good decisions and well-developed skills. Interdisciplinary courses that focus on difficult decisions are important new developments in education, but they are hard to teach well, challenging conceptions of what a good course is.
Psychology, Grief, and the Student
Authors: Balk David E. 
Published: January 2009

AbstractThree considerations involving psychology provide important points of entry for teaching college students about thanatology. The first consideration is to examine psychological understandings of bereavement, grief, and mourning. The second consideration is the prevalence within any college campus of students in the first or second year following the death of a family member or a friend, with the subsequent interest many students will have in issues of thanatology. The third consideration involves strategies and principles, many from educational psychology, for promoting active learning in a college course on death and dying. Further, there are fundamental matters of ethics to be examined regarding teacher obligations and classroom protocol when engaging students on thanatology topics. Because painful feelings and emotional distress may be elicited, this chapter asks whether teachers should do more than listen attentively. Should the syllabus contain “informed consent” in which the potential for painful feelings to be elicited gets mentioned and cautions are raised that the course is not the place for someone wanting to resolve bereavement? Responses of three experienced professors about these ethical issues are included.
Literature, Textbook, and Primary Source: Constructing the Reading List
Authors: Pinnock Sarah K. 
Published: January 2009

AbstractThis chapter discusses the advantages of using religious literature in teaching about death, in order to relieve the topic of its morbid stereotype and approach it positively and holistically. The chapter uses the term “literature” broadly to encompass death narratives about religious persons that may be fictional, biographical, or scriptural. The use of literature intentionally disrupts student expectations for a survey textbook, which is used as ancillary. Reflecting on selected classics of death literature as examples, the chapter considers how these narratives situate religious perspectives historically and culturally without reducing death or religion to abstractions. Discussion centers on The Death of Ivan Ilyich By Leo Tolstoy, I Heard the Owl Call My Name by Margaret Craven, Night by Elie Wiesel, and Tuesdays with Morrie by Mitch Albom.
Introduction
Authors: Duffin Jacalyn 
Published: January 2009

AbstractThe Introduction outlines the author's reasons for writing this book and presents the format of the following chapters. It mentions the background to the book: four research trips to the Vatican from 2001 to 2007. The Introduction also defines the goals of the book and the sources of the research that have been used to answer the book's key questions: What were the miracles worked through the intercession of new saints in modern times? How many were healings of physical illness? Who were the supplicants? What diseases were cured, and did they change through time? How many miracles entailed cutting-edge science and the testimony of skeptical, even atheist, physicians? What was the experience of other doctors whose medical work led them to a liturgical encounter? And how did the miracles transpire?
The Miracles
Authors: Duffin Jacalyn 
Published: January 2009

AbstractAn exploration of the problems resolved miraculously. The vast majority are cures from illness. The diseases amendable to miracle cure change through time according to medical science. Some conditions, such as cancer, appear consistently through time. Gradually, the cures were of specific organic ailments, with tuberculosis increasing in frequency. Cures of psychic disorders always were rare; from the nineteenth century forward, a diagnosis of hysteria could stop the process. Diseases unknown in past centuries, such as leukemia or multiple sclerosis, appear soon after descriptions in the medical literature. The illness must also have defied up-to-date medical care including surgery. In other words, suffering must be a problem that is thought to be beyond the control of the best medical art of the time.This chapter also examines the nonmedical miracles, including the incorruptibility of the saint’s corpse, preservation from accidental death, and multiplication of food.
The Cure as Drama
Authors: Duffin Jacalyn 
Published: January 2009

AbstractFor a cure to be recognized as a miracle, a witnessed act of supplication must have taken place during the acute phase of the illness. These invocation practices changed through time. Some followed prayers or certain ritualized gestures: kneeling at a tomb, pilgrimage to a shrine, holding images or flowers, the ingestion of fabric from the saints’ garment. More recently, many invocations took the form of a novena. Often before the cure, the doctor had already declared that the illness was terminal, and the priest had administered the last rites. High art dwells in this ambience of desperate pleading and immanent death: bedridden sufferers, candles burning, and gatherings of sobbing families or quietly resigned sisters. The patients provide vivid details of their acts of supplication and the moments of healing; this testimony is intriguingly amplified by variations on the same theme within each miracle, as told by friends and caregivers.
Introduction
Authors: Hicks Douglas A 
Published: January 2009

AbstractThis chapter introduces the central questions involving leadership in a religiously diverse America. During the U.S. Civil War, religion fueled arguments on both sides of the conflict. Abraham Lincoln understood that people differed on religion and politics, and he called Americans to appeal in humility to the better angels of their nature rather than resorting to arms. Contemporary America is marked not by a Civil War but by culture wars, in which religious diversity is one key front. But religion does not follow easy battle lines. People of similar religious backgrounds hold divergent political commitments, and vice versa. Thomas Jefferson resisted talking about his personal faith, but he advocated for free expression of religious beliefs. Building on that foundational principle, the contemporary challenge is to help shape a culture of convivencia, or of living together peaceably and with mutual respect.
“The Vision Thing”
Authors: Hicks Douglas A 
Published: January 2009

AbstractLeadership requires focusing on what George H. W. Bush once dismissively called the “vision thing.” Leaders communicate and help shape a common vision, whether for better or for worse. Competing visions of religion in public life range widely, from politicians criticizing a Muslim American for using the Quran and others calling a Hindu American “macaca” to leaders bringing people from diverse traditions together in unity, such as after the Virginia Tech crisis. Citizens and leaders have also responded in many different ways to the public expression of religion across the U.S. and in other countries. Yet despite the complexities and challenges of a diverse religious landscape, religion contributes at least four elements to public life: historical memory, institutional affiliation, self-critical reflection, and rich symbolism.
How Deep Is the Water?
Authors: Hicks Douglas A 
Published: January 2009

AbstractInviting generic “spirituality” into public debates does little to solve questions of religious practice. Secularism relegates religious language and symbols to the so-called private sphere. Calling all Americans to speak to each other only in terms of “public reason” tends to silence people who view their faith-based convictions as fundamentally linked to their understanding of a good and just society. Would Americans have been correct to demand that Martin Luther King, Jr. leave his religious language out of his social justice work? Would we similarly forbid our public-school students from wearing veils or headscarves, as the French have done? Such acts would run counter to the freedom of religious expression protected in the First Amendment. The issue should not be religion or no religion. Instead, it is necessary to ask: Religion in public life under what terms?
Crossing Paths
Authors: Hicks Douglas A 
Published: January 2009

AbstractThe notion of convivencia, or cultures living alongside one another, arose from scholarship on religious diversity in medieval Spain. This concept can add to a vision of leadership in which diverse groups live in mutual respect. It encourages a public life that is more colorful and even more cacophonous than that in the other visions. It promises a framework for a peaceable democratic society that embraces the rich variety of the U.S. population. Yet the challenge is not simply to create communalism or multiculturalism — if understood as “identity groups” remaining apart from each other — but to forge respectful, mutual interaction when Americans' paths cross in public life. The vision describes leadership as building social crossroads and connectors. It draws on Kwame Anthony Appiah, Howard Gardner, and James MacGregor Burns to offer a vision that views “crossing paths” with religiously diverse people not as a matter of fleeting transactions, but as an opportunity for transforming leadership.
Educating Leaders and Citizens
Authors: Hicks Douglas A 
Published: January 2009

AbstractAttaining an inclusive public space requires citizens as well as leaders to be religiously literate. Citizens and leaders do not need to become scholars of religion, but they need to understand the basics of religious identities. This chapter asserts that citizens must learn to listen to one another’s stories, to share their own, and to find areas of both agreement and disagreement. Religious literacy can happen through formal civic education, which can be part of teaching about religion in public schools, private schools, and higher education. As a comparison to the U.S., the chapter analyzes how religion is taught in public schools in Spain. The chapter also considers religion and the media, and asserts that journalists can play a role in promoting public understanding of religion in its diverse forms.
What We Can Do Now
Authors: Hicks Douglas A 
Published: January 2009

AbstractThis concluding chapter returns to the discussion of Tocqueville in order to emphasize the importance of both encouraging religion in public life and protecting against the tyranny of a majority. Robert Putnam’s analysis of social capital, including the distinction between its bridging and bonding forms, helps clarify the different roles that faith can play in civic and political life amid American religious diversity. The chapter suggests ten initiatives for American religion and politics that can help leaders carry out a vision for society that reflects convivencia and build social crossroads and connectors for a diverse and devout nation.
Conclusion
Authors: Heiden Bruce 
Published: January 2009

AbstractThis chapter focuses upon the ubiquitous theme of design and fabrication. Particular attention is devoted to the shield that Hephaistos designs for Achilles in book 18. Analysis explores the design of the shield description as well as the shield, and the shield's thematization of design in the cosmos. A concluding section relates the mythology of Troy in the Iliad to a wider body of myth in which Zeus's continuous planning, including the inspiration of poetry through the Muses, enables human beings to better their lives.
The Politics of Intellectual Property Reform in Developing Countries
Authors: Deere Carolyn 
Published: January 2009

AbstractMany of the WIPO Development Agenda recommendations have implications for IP decision-making at the national level. Indeed, some recommendations specifically call for national improvements and greater coherence between national IP laws and policy goals. Progress on the implementation of the Development Agenda will thus rely heavily on the political process and organization of IP decision-making at the national and regional levels in development countries. This chapter analyzes the political dynamics that impact IP decision-making at the national level, focusing on the specific ways in which WIPO's activities influence the national reform process. It concludes with a set of policy-oriented recommendations for those working to advance the Development Agenda at WIPO and, ultimately, development-oriented IP policies at the national level.
Trading Copyright
Authors: Birnhack Michael D. 
Published: January 2009

Abstract
The meeting point of global Intellectual Property (IP) norms and local culture produces an unsettled process of globalization. The global and the local might merge, but they often conflict, and their intersection then mirrors another clash, between trade and culture. This chapter argues that Global Copyright regime (G©) should be evaluated on the background of a complex set of local factors that form each country's cultural field, instead of an exclusive legal or economic inspection. The main factors to be considered are the legal system of a country taken as a whole, its economy, its unique cultural features, and the political situation of the country. No less important is the dynamic interaction of these factors. G© should be evaluated not only by studying the law in the books, but also by exploring the law in action. The case of Israel serves as an illustration of the general framework.
Innovation, Competition Policies, and Intellectual Property
Authors: Burlamaqui Leonardo 
Published: January 2009

AbstractThis chapter aims to contribute to a better understanding of the interactions among intellectual property (IP) issues, innovation, and development under a Schumpeterian perspective. It aims to build a more coherent framework within which the discussions of both institutional building and policy design towards development can proceed. After a brief introduction, section two attempts to link dynamic competition and innovation with IP issues from the angle of dynamic efficiencies and inefficiencies that are bound to show up. Section three introduces the concept of a market features approach conceived as a more suitable one to structure competition policies supporting innovation and a less restrictive IP regime. Section four articulates the previous ones by linking market features, IP with innovation, and the room for developmental strategies. Special attention is given to how competition policies should address IP issues under a market feature's approach, and to the institutional design of public agencies dealing with IP issues. The chapter concludes by summing up the policy and institutional implications raised before.
Informal Marriages in Roman Law
Authors: Lind Göran 
Published: January 2009

Abstract
This chapter discusses the degree to which common law marriage can find its origins in Roman family law, whether the Roman concepts can contribute to explaining the legal structure of common law marriage, and whether there is anything to learn from the Roman experiences in the enactment of cohabitation legislation. Of particular interest with respect to the formless relationships in Roman family law is the usus marriage, the free Roman marriage, and concubinage.
Informal Marriages in Canon Law
Authors: Lind Göran 
Published: January 2009

Abstract
This chapter discusses informal marriages under canon law. It considers the influence of Roman law, and traces the evolution of canon law understanding of marriage from the Middle Ages to the Council of Trent in 1563, when the Roman Catholic branch decreed that entering into a marriage through a church wedding ceremony was an unconditional prerequisite for the validity of the marriage. The canon law concept of concubinage and the reasons behind the church's efforts to legally regulate the marital relationship are discussed.
Cohabitation, Holding Out, and Reputation as Spouses
Authors: Lind Göran 
Published: January 2009

Abstract
This chapter examines how cohabitation in American law is assigned a different function as a requisite, i.e., as a necessary requirement for the establishment of a common law marriage in addition to the marriage contract. It assesses the underlying motives for the requirement and structure of the principle of cohabitation, as well as identifies its different elements. The boundaries of the principle are significant because they determine the scope of common law marriage, which couples fall outside or inside the regulatory system, determining who receives the rights, as well as the obligations, of marriage. It is common in both the legislation and case law to have a separate requirement that the parties outwardly appear as spouses in addition to the requirement of cohabitation. This requirement focuses on either the parties actions in themselves, in other words, their holding out as spouses, or on the effects thereof, i.e., their reputation as husband and wife.
Burdens of Proof and Presumptions
Authors: Lind Göran 
Published: January 2009

Abstract
Legal practitioners are aware that the possibility of success in a lawsuit is often highly dependent upon the procedural requirements resulting from the applicable evidentiary rules pertaining to burdens of proof and presumptions. This is just as true for claims regarding the existence of common law marriages. At the same time, these rules and their underlying intentions reflect the attitudes of both the courts and legislatures toward the legal concept of common law marriage. This chapter examines the evidentiary rules pertaining to burdens of proof and presumptions, their purposes, and their application by the courts. Of particular interest is the marriage presumption; its origin and underlying values; the elements that must be proved to invoke its application, and its legal effects and relationship to the substantive law and fundamental evidentiary rules with respect to the burden of proof and the standard of persuasion.
Common Law Marriage and Cohabitation Law
Authors: Lind Göran 
Published: January 2009

Abstract
This chapter begins with a discussion of the demographic developments during the last thirty years. It considers the legal solutions for unmarried cohabiting couples that, in a number of countries, have grown out of property case law during the past thirty years. In this process, the boundary between the private law and family law spheres has tended to lose its clarity. The section concludes with suggestions about how to keep this boundary open, and, from a legal policy perspective, evaluate the development in the property law that has occurred. The chapter gives an overview of the modern legislation regarding cohabition development, focusing on the main features of cohabitation law and its relationship to common law marriage. It compares the legal systems in which the cohabitation itself constitutes grounds for rights and obligations and those that require registration.
Colonial Search Warrants and Their Enforcement, to 1760, in Relation to the Search Warrant Clause of the Fourth Amendment1
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter discusses the American repudiation of the general warrant. In the colonies as in the mother country, such warrants were often used to capture fugitives, collect revenues, stop counterfeiting, and seize contraband of various sorts. The Fourth Amendment abrogated a legacy of the general warrant and its affiliates that was at least as much American as English. On the other hand, the ways that general warrants were enforced in the colonies also explained why Americans did not regard them as unreasonable until after 1760. Although promiscuous searches and seizures were routine aspects of colonial life, they lacked many of the features that excited discord.
Introduction
Authors: O'Connell Mary Ellen 
Published: January 2009

Abstract
This chapter begins with an overview of the entire volume, starting with a report of top United States government lawyers after 9/11 developing legal arguments to justify torture and coercion of detainees during interrogation. These lawyers could draw on an anti-international law tradition that denigrates international law for its lack of enforcement means. In fact international law has means of enforcement, but, more importantly, it is accepted by the international community as law. Acceptance and enforcement together support the claim that international law is law. With this acceptance, international law has the capacity to support the common aspirations of all humanity.
Classical Enforcement Theory
Authors: O'Connell Mary Ellen 
Published: January 2009

Abstract
Understanding the role of enforcement in establishing international law as law begins with the Just War Doctrine. Grotius, the father of international law, included the Doctrine's basic precepts in his universalist, natural law conception of international law. This is the conception that underlies the Peace of Westphalia of 1648 that gave rise to the modern state system. Kelsen and Lauterpacht carried the Grotian tradition forward after the Second World War. They responded to decades of challenge by proponents of absolute state sovereignty and the superior state's unfettered right to use force, views associated with Vattel and Schmidt.
New Classical Enforcement Theory
Authors: O'Connell Mary Ellen 
Published: January 2009

Abstract
Responding to Henkin's compliance theory, Goldsmith and Posner asserted in 2005 that “rational choice” theory proves that few states ever truly “comply” with international law. What looks like compliance is pursuit of “self” interest. They conclude that violations of international law, therefore, cannot be condemned as violations of law. To apply their theory, however, they make a series of implausible assumptions and fail to incorporate developments in behavioral economics or the insights of post-modernism. Both support the importance of such human impulses as altruism and belief. And it is these that actually support the claim that international law is law and that coercive means may be used to enforce it — as was always understood in natural law theory. Reviving natural law theory to explain the basis of international law's authority can best be done by incorporating process theory and retaining the centrality of positivism.
International Court Enforcement
Authors: O'Connell Mary Ellen 
Published: January 2009

Abstract
Law enforcement in national legal systems is subject to court supervision. That is increasingly the case in the international legal system with the proliferation of courts and tribunals. This is a welcome development though it brings with it the need for more sophisticated process theory — as to the interrelation of courts. In addition to supervising enforcement, some international courts have scope to enforce their decisions; all have the inherent authority to enforce interim orders. In the case of the International Court of Justice, the Security Council was given specific authority to aid in enforcement, but that is far from the only means. Indeed, when Americans were ordered to be released from unlawful detention in Iran in 1980, many states in the world employed economic sanctions to aid in the enforcement of that order.