bluuebunny/crossref_metadata_2025_split huggingface dataset:
Law Enforcement and the Non-Conventional Human Right to Life
Authors: Melzer Nils 
Published: January 2009

AbstractThis chapter addresses the question of whether the conventional right to life has become part of general international law and, if so, whether it may be derogated from under the rules of general international law. It also examines the territorial scope of the non-conventional right to life. It argues that, today, the jus cogens character of the right to life has become virtually unassailable. Outside the conduct of hostilities, even a single targeted killing carried out by State agents in deviation from the normative paradigm of law enforcement constitutes an unjustifiable violation of international jus cogens.
The Paradigm of Hostilities
Authors: Melzer Nils 
Published: January 2009

AbstractThis chapter begins by introducing the concepts of ‘armed conflict’, ‘hostilities’, and ‘military necessity’, each of which is intrinsically linked to the paradigm of hostilities. It then identifies the normative frameworks from which that paradigm is derived. The various conditions and modalities governing the use of lethal force during the conduct of hostilities, and the influence of human rights law on these conditions and modalities are examined. The results obtained shall provide the basis for a concluding analysis of the international permissibility of targeted killing as a method of conducting hostilities.
The Principle of Distinction under International Humanitarian Law
Authors: Melzer Nils 
Published: January 2009

AbstractThis chapter examines the principle of distinction in contemporary International Humanitarian Law (IHL). As a general rule, the principle of distinction permits direct attacks only against the armed forces of the parties to the conflict, while the peaceful civilian population must be spared and protected against the effects of the hostilities. This chapter first distinguishes and defines the notions of civilian, member of the armed forces and combatant under the law governing both in international and non-international armed conflict, clarifies when civilians can be regarded as directly participating in hostilities entailing loss of protection against direct attack, and also examines various aspects of the duty to avoid "collateral damage", which is inherent in the principle of distinction.
Means and Methods in the Conduct of Hostilities
Authors: Melzer Nils 
Published: January 2009

AbstractOne of the most basic provisions of the law of hostilities is that there are legal restrictions as to the means and methods that States may use during the conduct of hostilities. This chapter focuses on a number of selected means and methods which are of particular practical relevance for the method of targeted killing, namely the prohibition of denial of quarter, the prohibition of perfidy, and the prohibition or restriction of certain weapons.
Experimental overview of patterns in granular matter
Authors: Aranson Igor S. , Tsimring Lev S. 
Published: January 2009

Abstract
This chapter presents a brief experimental overview of key granular patterns and phenomena. It introduces basic experimental systems, such as vertically and horizontally vibrated granular layers, rotating drums, flow down inclined plane, variety of experiments with “complex” grains (charged, magnetic, and “biological” particles), and presents the most relevant patterns which are discussed in detail in Chapters 3-9.
Granular physics of biological objects
Authors: Aranson Igor S. , Tsimring Lev S. 
Published: January 2009

Abstract
This chapter presents an overview of patterns emerging in the various biological systems. Complex patterns in biological systems can be caused by a variety of mechanisms, from “simple” physical effects (e.g., steric repulsion in dense bacteria colonies, hydrodynamic entrainment) to highly complex biological mechanisms (e.g., chemotaxis, quorum sensing, or even “social” interactions due to direct visual, audio, or chemical communication between individual species). Relatively simple situations — where the biological pattern formation is mostly determined by the same physical mechanisms which are at work in granular systems, such as hydrodynamic entrainment, steric repulsion, mechanical alignment and inelastic collisions — are explored. The chapter begins with a purely bio-mechanical ordering of rod-like cells in confined environments due to steric repulsion, then discusses “microscopic” discrete and continuum models of flocking. It then proceeds to more complicated systems, such as microtubules interacting with molecular motors and hydrodynamically entrained motile bacteria.
Internalist Cases and Externalist Theory
Authors: Mendola Joseph 
Published: January 2009

AbstractFrege's Hesperus-Phosphorus case and Russell's empty names case are key cases which suggest internalism. This chapter examines standing externalist accounts of these two sorts of cases, and argues that all of them suffer from the belief-ascription, multiple-contents, and subject-matter objections. These are the same objections that afflict internalist rigidified description clusters.
Against Etiological Semantics
Authors: Mendola Joseph 
Published: January 2009

AbstractThis chapter discusses externalist theories of mental content that do not involve the mediation of thought by language but in which history is crucial. It argues that the etiological teleosemantics of Millikan, Dretske, and Papineau is false, and that other etiological accounts proposed by Prinz and Dretske are false. Facts about the color blindness play a key role in these arguments.
Non‐Etiological Mind‐Based Externalism
Authors: Mendola Joseph 
Published: January 2009

AbstractThis chapter discusses externalist theories of mental content that do not involve the mediation of thought by language and in which history is not crucial. It argues that the asymmetric dependence semantics of Fodor is false, and it critically considers other mind-based accounts of proper semantic causes, including the normality account of Harman, Stampe, Stalnaker, and Tye, partly by appeal to facts about color blindness.
Qualia and Sensory Content
Authors: Mendola Joseph 
Published: January 2009

AbstractThis chapter argues that the correct internalist account of perceptual experience involves four key claims, that sensory contents are qualia, that experiences of qualia are constituted in a necessary a posteriori manner by internal physical states, that these states have the modal structural architecture pioneered for color experience by Hardin, and that intentionalism is the correct account of the semantic contribution of these experiences. It considers contrary externalist arguments, including arguments rooted in the claim of Williamson and Harman that knowledge is a basic mental state, in Kant's Refutation of Idealism, and in disjunctivism.
The Reception Process in Ireland and the United Kingdom
Authors: Besson Samantha 
Published: January 2009

AbstractThis chapter examines the reception of the ECHR in the UK and Ireland both before and after incorporation. Both countries incorporated the ECHR using roughly the same model. One might have assumed that the mode of incorporation into a dualist legal order would largely determine outcomes. In Ireland and the UK, however, the impact of acts of incorporation was heavily mediated by pre-existing constitutional structure and practice.
The Reception Process in France and Germany
Authors: Abdelgawad Elisabeth Lambert , Weber Anne 
Published: January 2009

AbstractThis chapter discusses the reception of the ECHR in France and Germany. Although both States have been active supporters of human rights and have been close partners in the construction of Europe, their courts were reluctant to refer directly and explicitly to the ECHR. The reception of the ECHR can be characterized as ‘forced’ adaptation, rather than a voluntary process: often, authorities had no choice but to adjust the national legal order to the requirements of the ECHR. In both countries, the relationship between the national courts and the European Court of Human Rights has not always been harmonious, and some tensions remain.
The Reception Process in Sweden and Norway
Authors: Wiklund Ola 
Published: January 2009

Abstract
This chapter discusses the reception of the ECHR in Sweden and Norway. It shows that the true Europeanization of the legal systems of the two countries was initiated in the mid-90's. This legal transformation coincided with changes of an economic nature brought about by the process of globalization. From a legal point of view, globalization was brought about by the integration of two important regimes of law into the domestic system: the ECHR and the law of the European Union (EU).
The Reception Process in the Netherlands and Belgium
Authors: Wet Erika de 
Published: January 2009

Abstract
This chapter discusses the reception of the ECHR in the Netherlands and Belgium. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national law, an overview of the activity of the European Court, the ECtHR's case law and its effects on the national legal order, and the manner in which the highest courts (Supreme Court, Council of State and the Central Appeals Board) applied the ECHR in their jurisprudence.
The Wider Moral Issue: Do Consequences or ‘No Go Areas’ Determine What is Ethical in an Extreme Situation?
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter addresses the wider issue that a moral agent facing a ticking bomb situation (TBS) should consider: whether ultimately a decision to torture the terrorist or not should be determined by consequences or by absolute moral prohibitions. First, the consequences of not torturing in the scenario and the planned terrorist attack occurring are described, illustrated by the 9/11 terrorist attacks on New York and a terrorist attack in Jerusalem. Then the two prominent moral-philosophical views clashing over the morality of action, including in such extreme emergencies, are outlined: on the one hand consequentialism (or utilitarianism), advocated by the likes of Jeremy Bentham and John Stuart Mill, and determining the morality of actions by their consequences; on the other deontology, whose main advocate was Immanuel Kant, which emphasizes duties to oneself and others, and stipulates that certain types of acts must be prohibited absolutely (‘no-go areas’).
Part II—Introduction
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter introduces Part II, examining the ticking bomb question as one of public, practical, morality in the real world, namely whether it is morally justifiable for democratic states facing terrorism to torture in order to save many innocent lives. It outlines the parameters for discussing the question. Part II is to first address the question of whether transferring the ‘torture in a ticking bomb situation’ (TBS) moral dilemma from the private to the public sphere in itself entails a different moral solution. Secondly, the question is to be addressed of whether — accepting arguendo that torture in this situation is morally justified — states can torture in TBSs while limiting both torture and its direct and indirect harm to a morally acceptable level, or else must slide down an inevitable, and intolerable ‘slippery slope’. ‘Slippery surface’ dangers unique to the public sphere are also discussed.
Part II—Conclusions
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter concludes the discussion of the ticking bomb question as one of public, practical morality. Introducing torture into the interrogation rooms of modern democracies is fraught with dangers of torture expanding beyond the confines of a ticking bomb situation (TBS), in particular in view of fears of ‘mega-terrorism’ such as nuclear attacks, and its effects reaching far beyond the immediate context, reversing the means-end relationship between citizen and state which is at the foundations of democracy and leading to ‘no holds barred’ wars in which terrorists thrive. States introducing or maintaining a minimal absolutist prohibition on torture may thus not be able to guarantee us absolute safety from terrorists, but no torturing state has been able to do that either, and we will at least be absolutely safe, in this respect, from abuse by our own state.
The USA' ‘High Value Detainees’ Model
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter describes and analyzes the ‘high value detainees’ (HVD) model of quasi-legalized torture in the USA's war on terror following the 9/11 terrorist attacks. Initially its legal basis consisted of documents by the executive's legal advisers and executive orders, which combined classifying certain war on terror detainees as having no legal rights, either under US or international law — a very narrow definition of torture — and a view that the President's constitutionally granted powers as armed forces Commander-in-Chief during war are unlimited, including the power to order torture. Later executive orders, legislation, and court rulings modified the model, but as of 2007 US courts were still unwilling to exclude the possibility of torture or detainees during urgent interrogations being lawful. Methods, including enforced disappearances, waterboarding, sleep and sensory deprivation, painful positions, violence, intimidation, and humiliation were used far beyond even what instructions allowed.
Is it (Internationally) Legal? Is it Torture?
Authors: Ginbar Yuval 
Published: January 2009

Abstract
This chapter analyzes international legal materials to examine the legality of interrogation methods used in the Israeli and US models. International law does not envisage legitimately coercing detainees into providing information, and has therefore made no allowance for effective means of doing so, rendering all US and Israeli ‘coercive’ methods unlawful. International human rights and humanitarian law clearly allow no ‘ticking bomb’ or any other exception to the prohibition on torture, nor to the prohibition of ill-treatment not amounting to torture. Using the ‘accumulation yardstick’ international jurisprudence — both on comparable interrogation methods and on US and Israeli methods specifically — have determined that used in combination and/or over time, even relatively ‘moderate’ or ‘lite’ methods such as sleep and sensory deprivation may amount to torture, and in the instant cases have.
Rousseau's Theodicy of Self-Love
Authors: Neuhouser Frederick 
Published: January 2009

AbstractThis book studies Rousseau's rich and complex theory of the type of self-love (amour propre) that, for him, marks the central difference between humans and beasts. Amour-propre is the passion that drives human individuals to seek the esteem, approval, admiration, or love — the recognition — of their fellow beings. This book reconstructs Rousseau's understanding of what the drive for recognition is, why it is so problematic, and how its presence opens up far-reaching developmental possibilities for creatures that possess it. One of Rousseau's central theses is that amour-propre in its corrupted, manifestations — pride or vanity — is the principal source of an array of evils so widespread that they can easily appear to be necessary features of the human condition: enslavement, conflict, vice, misery, and self-estrangement. Yet Rousseau also argues that solving these problems depends not on suppressing or overcoming the drive for recognition but on cultivating it so that it contributes positively to the achievement of freedom, peace, virtue, happiness, and unalienated selfhood. Indeed, Rousseau goes so far as to claim that, despite its many dangers, the need for recognition is a condition of nearly everything that makes human life valuable and that elevates it above mere animal existence: rationality, morality, freedom — subjectivity itself — would be impossible for humans if it were not for amour-propre and the relations to others it impels us to establish.
The Nature ofAmour‐Propre
Authors: Neuhouser Frederick 
Published: January 2009

AbstractThis chapter presents a detailed account of how Rousseau conceives of amour-propre. Rousseau distinguishes the two forms of self-love in terms of the object, or good, that each inclines us to seek: amour de soi is directed at self-preservation, whereas amour-propre is concerned with judgments of merit and honour, with how highly one is ‘regarded’. The second principal feature of amour-propre is its ‘relative’ nature, in contrast to the ‘absolute’ character of amour de soi. ‘Relative’ here means relative to other subjects, and Rousseau's point is that the good sought by amour-propre is defined by, even partially constituted by, certain relations one has to subjects other than oneself. Amour-propre is said to be not only relative but also ‘artificial’ (factice), in contrasts to amour de soi, a ‘natural’ sentiment. The theoretical and normative status of amour-propre is discussed.
Amour‐Propre's Role in Forming Rational Subjects
Authors: Neuhouser Frederick 
Published: January 2009

AbstractThe preceding chapter distinguished three features of the frame of mind individuals must acquire in order to assume the standpoint of reason. This chapter determines what role amour-propre might play in making it possible for human beings to adopt such a standpoint. It shows that amour-propre plays a crucial role in bringing about each of these features of rational agency. More precisely: amour-propre is a necessary, though not sufficient, condition of the formation of human beings into rational subjects.
The Easter Computus and the Origins of the Christian Era
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
Dionysius Exiguus composed a 95‐year list of Easter dates beginning in what he designates as the year 532 from Christ. His list was a continuation of an Alexandrian table that ended in the year 247 from Diocletian. How Dionysius knew that 247 Diocletian should be followed by the year 532 of the Lord has puzzled scholars for almost 1500 years. His year AD 1 seems inconsistent with the evidence of the New Testament for the chronology of Christ. This book argues that Dionysius did not calculate a new date at all. He adopted the Christian era of Julius Africanus, which was based on a date for the crucifixion in AD 31 and the assumption that Jesus was 30 years old at that time. This date was transmitted to Dionysius Exiguus through the Easter calculations of Alexandria. About the same time, the Armenian church adopted a national era whose first year they synchronized with the year 553 from Christ. This Armenian Christian era agrees with that of Dionysius, but adjusted to the Armenian calendar. The Armenians received this numbering of the years from Christ independently from Dionysius, through the Alexandrian Easter tables.
1 Introduction
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
Working in the year 525, Dionysius Exiguus drafted a 95‐year list of Easter dates as a continuation of an Alexandrian list that ended with the 247th year of Diocletian. Dionysius began his own list with the year AD 532, because he did not want to perpetuate the memory of Diocletian. This study examines the history of Easter calculations in the ancient church and the question of why Dionysius decided that Diocletian 247 should be followed by AD 532. Dionysius himself was originally from what is now the modern country of Romania. He moved to Rome about AD 500. Dionysius was the author of the first collection of ecclesiastical canons, as well as the Easter‐table. He also translated frito Latin several works of the Greek fathers of the church.
4 The Letters to Boniface and Petronius
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
The Easter‐table of Dionysius Exiguus was the continuation of a 95‐year list he attributes to Cyril of Alexandria. He describes his work in two letters—one to Boniface and Bonus written in AD 525/6 in response to a question, the other written in 524/5 addressed to Petronius, at whose behest Dionysius undertook his work. The letter to Petronius serves as an introduction to the 95‐year Easter‐table. Dionysius explains and defends the mathematical accuracy of the Alexandrian 19‐year cycle as arising not from human inventiveness, but from the inspiration of the Holy Spirit. He claims that the Council of Nicaea explicitly authorized the 19‐ year cycle and promulgated rules for it use that the patriarchs of Alexandria from Athanasius to Cyril careffihly guarded.
10 The Classical Alexandrian Cycle
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
Theophilus of Alexandria published a 100‐year Paschal list beginning in the first consulship of Theodosius, AD 380. That year corresponds to the first of the classical Alexandrian cycle, but it is not necessarily the case that the 19‐year cycle of Theophilus began in that year. The earliest unambiguous evidence for a 19‐year cycle calibrated to the first year of Diocletian is the 110‐year list that Cyril dedicated to the emperor Theodosius II. He states explicitly that the first year of the list, AD 403, was the fifth year of the 19‐year cycle. Cyril perhaps adopted the form of the cycle that had been promulgated by Annianus, an Alexandrian monk who lived in the time of Theophilus.
12 Paschal Calculations in the Eastern Empire
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
Andreas of Byzantium drafted a 200‐year list that began with a Paschal full moon on 4 April in 353 and ended with 25 March in 552. Andreas adopted the form of the cycle that Athanasius had promulgated at Sardica. Armenian sources say that when the list of Andreas ended, a council was held at Alexandria under the leadership of Aeas. Aeas proposed a new cycle beginning with 25 March and generated a 532‐year period beginning in the second year of a cycle with 13 April. The emperor Justinian nullified that work and made the classical form of the Alexandrian cycle official. The cycle of Aeas nevertheless remained in effect in peripheral eras such as Armenia and Georgia. The Armenian scholar Anania of Shirak generated his own 532‐year period, beginning with the Paschal full moon of 4 April in AD 562
18 Anatolius and the Christian Era
Authors: Mosshammer Alden A. 
Published: January 2009

Abstract
Anatolius recalibrated the system of Africanus to make its first year begin on 1 Thoth = 29 August, 5501 BC. In his preface, Anatolius told the reader how to calibrate his list with the years of the Roman emperors and several other systems. It is likely that he also stated the interval from the birth of Christ, adopting the Christian era of Africanus. The Armenian church received a version of the cycle of Anatolius, which they said ended in the year 552 from Christ, at a date corresponding to AD 552. The extant Latin version of a 95‐year table was a continuation of one that began in the 50th year of Diocletian,AD 333/4, synchronized with the year 334 from Christ., The Christian era of Dionysius Exiguus is that of Africanus, transmitted to him as to the Armenians and the author of the Latin text through the Pasehal tables of Alexandria.
3 ‘The Art of Knowing’: Social and Tacit Dimensions of Knowledge and the Limits of the Community of Practice
Authors: Duguid Paul 
Published: January 2009

AbstractThis chapter challenges recent attempts to reduce knowledge to information and to dismiss tacit knowledge as nothing more than uncodified explicit knowledge. Polanyi's notion of a tacit dimension affected numerous disciplines, because it addressed aspects of learning and identity that individual, cognitive accounts failed to account for. In situating knowledge, identity, and learning within communities, the chapter points to the ethical and epistemic entailments of communities of practice and stress the difference, rather than the commonalities, between this and other apparently congenial forms of social analysis.