bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Reception Process in Poland and Slovakia
Authors: Krzyżanowska-Mierzewska Magda 
Published: January 2009

Abstract
This chapter discusses the reception of the ECHR in Poland and Slovakia. Topics covered include the accession and ratification of the ECHR in both countries, the status of ECHR in national law, the implementation of international law by domestic courts, an overview of case law, and the European Court's case law and its effects on the national legal system. It is shown that despite the similar historical situation of both countries, the patterns of reception of the ECHR differ considerably. In Poland, the ECHR became immensely popular and gained the status of an instrument of popular justice, resorted to by individuals in a spontaneous and unorganized manner. In Slovakia, it plays a similar role in so far as it is used extremely rarely by organized civil society institutions as a legal advocacy instrument.
Part I—Introduction
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter introduces the methodology and structure of Part I, which addresses the question of whether it is morally justifiable for an individual to torture a terrorist when it is the only way to obtain information that would save many innocent lives. This scenario — the ticking bomb situation (TBS) — is to be discussed in a ‘pure’ form, free from factual doubts and society-wide or long term consequences. The chapter outlines the parameters for discussing the question, and defines the features of the presumed situation. It explains the methodological approach to be adopted in this Part: the scope is to be kept limited; positions put forward are required to maintain strict logical form; a dialogic, conversational style is to be used; and an open, eclectic approach to content is to be maintained.
Consequentialist Argument for Torturing in a Ticking Bomb Situation
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter details the consequentialist arguments for torturing the terrorist in a ticking bomb situation. Consequentialist/utilitarians argue that a moral cost-benefit analysis needs to be made, pitting the suffering of the one terrorist under torture against the suffering of so many innocent civilians if the terrorist bomb were to explode. Such analysis would necessarily lead to a lesser evil choice in favour of torturing the terrorist. Deontologists with a ‘disastrous consequences clause’, allowing for consequentialist considerations to prevail, albeit only in extreme emergencies, raise arguments for torture that are identical. Therefore it is concluded that their approach to the ticking bomb dilemma is indistinguishable, for the purposes of this discussion, from that of consistent consequentialists.
‘Slippery Slope’ and Other Dangers
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter examines ‘slippery slope’ and other dangers of states resorting to torturing terrorists in ticking bomb situations. First, general consequentialist reasons are cited supporting an absolute prohibition on torture in the real world, because of the extent of harm that would result if torture were ever to be allowed. Specific problems in the immediate context, including certainty, immediacy, deciding whom to torture, the effectiveness of torture, and alternatives thereto are examined, as are problems in the wider context, including the ‘institutionalization trap’, the legitimacy torture would accord other inhumane means of fighting terrorism and crime, the effect of torture on conflicts, resort to torture as a victory for terrorism, and the ramifications of legalising torture in a ticking bomb situation for laws and their enforcement. Finally, the Abu Ghraib torture scandal is described as the quintessential ‘slippery slope’ torture case.
Part III—Introduction
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter introduces Part III, examining four models of legalized torture. It focuses on each model's legal aspects, but their practical ones are also addressed in order to assess the extent to which the models have succeeded in limiting torture to ticking bomb and similar situations, and minimizing its effects in the wider context. Two models applied in Israel — the Landau model and the High Court of Justice model — are examined, as well as the theoretical ‘torture warrants’ model and the ‘High Value Detainees’ model applied by the USA in its war on terror. Due to its as yet unsettled and constantly changing nature, the US model is deemed to be one of ‘quasi-legalized torture’. Models of total secrecy and hypocrisy are briefly discussed and dismissed.
The Landau Model in Israel
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter describes and analyzes the Landau model of legalized torture, under which interrogation of suspected terrorists was regulated in Israel between 1987 and 1999, with Supreme Court approval. Shaped by the recommendations of the Landau Commission of Inquiry, which included detailed instructions to interrogators on applying psychological ‘pressure’ and ‘a moderate measure of physical pressure’, the model claimed that such instructions are lawful under the ‘defence of necessity’ provision in the Penal Law, which applies to them. Many thousands of Palestinians, far outweighing the number of those convicted of any terrorist offences during the period, underwent the Landau interrogation methods, pronounced by UN bodies to amount to torture. Methods included various combinations of incommunicado detention, sleep and sensory deprivation, forced painful positions, ‘shaking’, and other humiliating or violent methods. Those applying the techniques according to instructions invariably enjoyed impunity from prosecution.
Part IV—Conclusions
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter concludes Part IV, and examines practical aspects of applying criminal law defences to interrogators who torture terrorists. Under international law, states cannot ever justify torture and other ill-treatment — all ‘coercive’ interrogation methods are prohibited absolutely, and those used by the USA and Israel may and do constitute torture. Theoretically, an uncapped ‘lesser evil’ justificatory ‘defence of necessity’ (DoN) may very narrowly be available to torturers in certain domestic legal systems but is firmly rejected in others, as well as in international criminal law. The DoN and all other ex post models are impractical in that they require amateur torturers to face hardened terrorists in dire emergencies. In reality, the perceived recurrence of ‘ticking bomb’ and similar situations inevitably creates a priori systems of torture and impunity, as has happened in Israel. Realistically, democracies facing terrorism must choose between openly legalizing torture and never torturing (the author's recommended option).
Conclusions
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter provides the book's conclusions. The consequentialist morality of extreme situations, as advocated by those who justify interrogational torture in a ‘pure’ theoretical ticking bomb situation (TBS), is reflected in the actual legal positions and practices of states facing terrorism that have chosen to torture. However, such states face moral, practical and legal obstacles, some of them insurmountable. The words of a UK diplomat, a Palestinian would-be suicide bomber, and an international terrorist are quoted to illustrate everyone's freedom to make — even facing emergencies, danger, and oppression — minimal absolutist choices, rejecting totally both terrorism and torture. Such choices are not fanatic, impractical, or defeatist. In facing a TBS, we must do anything humanly possible to save the lives at risk, which means doing everything in our power that does not involve losing our own humanity. Which in turn means never to torture or otherwise ill-treat another human being.
The Varieties of InflamedAmour‐Propre
Authors: Neuhouser Frederick 
Published: January 2009

AbstractThe previous chapter examined the various ways in which amour-propre poses dangers for human well-being. This chapter uses the results of that inquiry to construct a more precise and comprehensive account of what inflamed amour-propre consists in than previous interpreters have provided. By surveying the various ways the passion for recognition can go awry, a greatly expanded characterization of inflamed amour-propre is given, one that goes far beyond the so-called prevailing view, which simply equates inflamed with inegalitarian amour-propre (the drive for some form of superior standing in the eyes of others).
Why InflamedAmour‐Propreis So Common
Authors: Neuhouser Frederick 
Published: January 2009

AbstractThis chapter considers Rousseau's two genealogies of amour-propre one at a time, examining each for whatever help it offers in understanding why the fallen state seems to be humankind's default condition. Specifically, the chapter discussed the social origins of amour-propre and the psychological origins of inflamed amour-propre.
The Standpoint of Reason
Authors: Neuhouser Frederick 
Published: January 2009

AbstractThis chapter begins with a discussion of Rousseau's ‘justification’ of amour-propre — his account of its beneficial, even redemptive potential. It reconstructs Rousseau's conception of reason, which helps to clarify what is involved in assuming the standpoint of reason as Rousseau conceives it, which is to say: the perspective the individual citizen adopts when deciding on the laws that ought to govern her own (legitimate) political community. It then considers the ‘public’ character of reason.
Legality, Morality, and the Guiding Function of Law
Authors: Waluchow W J 
Published: January 2009

AbstractThis chapter argues in favour of Inclusive Legal Positivism and against Exclusive Legal Positivism. It maintains that philosophers in the latter camp are inconsistent when they propound their account of constitutional adjudication while also claiming that the role of law in guiding human conduct is something that cannot be accommodated by Inclusive Legal Positivism.
The Basic Liberties
Authors: Pettit Philip 
Published: January 2009

AbstractThis chapter contends that the liberties correctly classifiable as basic are susceptible to being equally enjoyed at the same time by everyone (equal co-enjoyment), important in the lives of normal human beings (personal significance), and not legitimately subject to any restrictions beyond those necessary to satisfy the requirement of equal co-enjoyment. It draws upon Hart's critique of John Rawls in order to develop his account of the chief characteristics of the basic liberties.
17 The Christian Era of Julius Africanus
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
Syncellus cites Julius Africanus for an interval of 5500 years from Adam to the appearance of the saviour. Syncellus also says that Africanus made the 250th Olympiad correspond with the archonship of Philinus, the consulship of Seleucus and Grams, and the year 5723 from Adam. Since the consulship of Seleucus and Gratus was AD 221, many scholars have concluded that Africanus' date for the birth of Christ was 2 BC. Other evidence suggests that Africanus dated the Resurrection to Olympiad 202.2, AD 30/1, on 25 March at the beginning of the year 5532, which implies creation on 22 March 55Q1 BC and 5501 = 1 BC for the Incarnation and Nativity. This conclusion is consistent with his chronological system as a whole, which seems to have been based in part on the 19‐year cycle. A date for the Nativity on 25 December 5501 = 1 BC agrees with both Panodorus and Dionysius Exiguus.
1 Introduction
Authors: Herrmann Andrea M. 
Published: January 2009

AbstractThis introductory chapter gives an outline of the book. It develops the theoretical framework by combining insights from classical trade theory, the market-based view of strategic management studies, theories on national innovation systems, and the literature on varieties of capitalism. Interestingly, all these strands of the competitiveness literature agree in their expectation that firms within the same economy will respond to increasing competitive pressure by exploiting the comparative advantages of national institutions as they specialize in the facilitated competitive strategies. The chapter then presents the analytical approach and illustrates why a comparison of pharmaceutical firms in Germany, Italy, and the UK is particularly helpful for understanding how firms cope with increasing competitiveness. Since an initial comparison casts doubt on the specialization theory of the competitiveness literature, the chapter introduces the research question addressed throughout the book: how can firms compete despite comparative institutional disadvantages? It concludes with an overview of the findings obtained on functional institutional equivalents and links them back to theoretical debates on regional networks, strategic management views, and entrepreneurial creativity.
2 Patterns of Strategy Specialization
Authors: Herrmann Andrea M. 
Published: January 2009

AbstractThis chapter opens by contrasting two opposing theories on how firms respond to the increasing pressures of international competition: the resource-based view of strategic management on the one hand, and the competitiveness literature on the other. Given that contributors to the competitiveness literature offer more developed theories, the chapter proceeds by assessing their hypotheses on comparative institutional advantages. It thus analyses whether pharmaceutical firms in Germany, Italy, and the UK specialize in the pursuit of a strategy facilitated by national institutions. Since these micro-level analyses do not provide empirical support for the specialization idea, which is typically based on macro-level indicators, a higher level of data aggregation can lead to an overestimation of specialization trends. But if firms in different economies can pursue different competitive strategies, how can they compete despite comparative institutional disadvantages? This concluding question of the chapter is addressed in Part II, including Chapters 3, 4, and 5 of the book.
4 Linking Antitrust Legislation, Standards, and Competitive Strategies
Authors: Herrmann Andrea M. 
Published: January 2009

AbstractThis chapter examines how firms can compete despite comparative disadvantages of national antitrust legislation. It first studies whether pharmaceutical firms in Germany, Italy, and the UK develop different types of component standards to pursue strategies of radical product innovation, incremental product innovation, and product imitation, respectively. Since quantitative analyses of interviews with Quality Assurance managers show that firms differ in their standardization approaches according to the strategies they pursue, the chapter also looks at how national antitrust legislation affects these strategies. Contrary to the findings in the previous chapter, qualitative analyses of interviews suggest that national antitrust legislation constitutes neither a comparative institutional advantage nor a disadvantage. The chapter concludes with reflections on how these findings contribute to the resource-based view and the competitiveness literature, and on reasons why a Schumpeterian perception of firms as creative entrepreneurs may nevertheless help to explain how firms gain competitive advantages.
5 Linking Labour‐Market Institutions, Employee Skills, and Competitive Strategies
Authors: Herrmann Andrea M. 
Published: January 2009

AbstractThis chapter investigates how firms can compete despite comparative disadvantages of national labour-market institutions. It first analyses whether pharmaceutical firms in Germany, Italy, and the UK require employees with different types of skills to pursue strategies of radical product innovation, incremental product innovation, and product imitation, respectively. Since quantitative analyses of employees' skill profiles show this to be the case, the chapter goes on to ask how firms can acquire the necessary skill types if their availability is limited by unfavourable labour-market institutions. Illustrating how firms hire employees from abroad and on the basis of atypical contracts, the chapter identifies international labour markets and contracts as functional equivalents to national labour-market institutions. It concludes with reflections on how these findings contribute to the resource-based view and the competitiveness literature, and illustrates that a Schumpeterian perception of firms as creative entrepreneurs can help to explain how firms compete despite comparative institutional disadvantages.
7 Conclusion
Authors: Herrmann Andrea M. 
Published: January 2009

AbstractThis chapter summarizes and interprets the results obtained throughout the book. It recapitulates that international institutions and contracts serve as functional equivalents to national institutions since they enable firms to secure required input factors for different competitive strategies and, hence, to compete despite comparative institutional disadvantages. Elaborating on these findings, the chapter shows how they can contribute to current theoretical debates. More concretely, they shed light on suggestions found in strategic management theories that underscore factor heterogeneity; on arguments in the institutional literature about how institutions matter; on suggestions about how national policy-making can promote corporate competitiveness; and on convergence and divergence theories of internationalization and its influence on entrepreneurial practices.
Cognitive Distance in and Between Communities of Practice and Firms: Where Do Exploitation and Exploration Take Place, and How Are They Connected?
Authors: Nooteboom Bart 
Published: January 2009

AbstractThis chapter addresses the question of how communities of different types, such as communities of practice and epistemic communities, relate to the task of organizations to combine exploitation and exploration. A key issue is how this relates to ‘cognitive distance’ within and between communities and organizations, and the cognitive ‘focus’ of organizations.
8 Buzz Without Being There? Communities of Practice in Context1
Authors: Gertler Meric S. 
Published: January 2009

AbstractThe geographical literature on communities of practice suggests that geographical proximity should not be confused with relational proximity, and that the latter is more important in determining how easily specialized knowledge can be jointly produced and shared through distributed innovation processes. However, the existing body of work has not specified the critical determinants of relational proximity, and the conditions under which we should expect it to be achieved effectively at a distance. This chapter reviews recent findings from a number of case studies in which distributed teams participating in joint problem-solving projects have attempted to engage in long-distance learning and knowledge translation, with varying degrees of success. Effective distanciated learning is shown to depend on the degree of social affinity between economic actors, and this affinity is comprised of several different dimensions: linguistic, educational, experiential, occupational, organizational, industrial, and institutional. The frictional effects of distance are also shown to depend on the types of knowledge supporting innovation in each case, with synthetic and symbolic forms of knowledge the least amenable to distanciated learning.
Knowledge‐Intensive Firms, Communities, and Creative Cities1
Authors: Cohendet Patrick , Simon Laurent 
Published: January 2009

AbstractThis contribution focuses on the relationship between the urban milieu and high creativity firms, focusing on the videogames sector in Montreal. It reveals an organizational frame of a lack of large R&D departments and a lack of global networks of subsidiaries or partners through which firms access creative knowledge. None of these classical ways to enhance creativity is present. Instead, creativity relies on distributed and independent communities of knowing which generate, exploit, and develop a ‘creative slack’ as a source of growth for the firm. These communities find their source of inspiration and innovation in the fertile soil of a creative city.
Peremptory Norms and the Validity of the Actions of States
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter deals with the validity of acts and actions of States — that is non-treaty acts in the broadest sense — in the ways they come into collision with jus cogens. The analysis begins with the general aspects of validity of State acts and actions, in doctrinal and practical perspectives. Special areas are then examined: illegal territorial acquisitions, amnesties for international crimes, and illegal grant of nationality.
Peremptory Norms and the Allocation of Jurisdiction to States
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter focuses on universal criminal jurisdiction and duty to prosecute serious international crimes as incidences of jus cogens, and expands on the available evidence. Universal civil jurisdiction is examined in the context of the 1984 Torture Convention and judicial practice. The reflection of these concepts in the framework of human rights treaties is examined.
Problems of Subsequent Validation of Breaches ofJus Cogens
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter examines whether breaches of peremptory norms can be addressed after they are committed: through the devices of recognition, waiver, acquiescence, and prescription. After examining the historical background, and conceptual basis of validation claims in doctrine, the analysis proceeds to examine each of the above devices on its own merit, and the impact of jus cogens on them.
Peremptory Norms and International Judicial Jurisdiction
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter considers the general interaction between international judicial jurisdiction and jus cogens, in the context of more general theses that while on the one hand judicial jurisdiction is based on consent, the principal profile of jus cogens is its effect-oriented character. It considers the impact of interpretation of jurisdictional clauses in terms of the impact of jus cogens, as was most pertinently illustrated in the Oil Platforms case before the International Court of Justice, and the possibility that international tribunals raise jus cogens issues proprio motu. The chapter also covers jurisdiction under Article IX of the 1948 Genocide Convention and Article 66 of the 1969 Vienna Convention on the Law of Treaties. As a follow-up on this chapter, section 4 of the appendix of this monograph should be consulted.
Techniques of Interaction of InternationalJus Cogenswith National Law
Authors: Orakhelashvili Alexander 
Published: January 2009

AbstractThis chapter reflects on different modes of how international jus cogens can be received into, or have its effect excluded from, national legal systems. Premised on strict separation between national and international legal reasoning, the chapter addresses various techniques, including incorporation and transformation, and covers the practice of national courts in detail. Specific subject-matters of this practice relate among others to universal jurisdiction and State immunity.
Throwing Light on the Role of Moral Principles in the Law: Further Reflections
Authors: Kramer Matthew H. 
Published: January 2009

Abstract
This chapter develops further the positions taken in Chapter 1, and it explains how moral principles can enter into the law of a legal system even if legal officials are mistaken in many of the concrete moral judgments which they reach during their adjudicative and administrative determinations. It replies to criticisms directed by Scott Shapiro and Jules Coleman against an early version of Chapter 1.