bluuebunny/crossref_metadata_2025_split huggingface dataset:
Risk–Risk Analysis
Authors: Viscusi W. Kip 
Published: October 2003

Abstract
Regulatory policies create a variety of risk–risk trade‐offs. People may engage in more risk‐taking behaviour in response to regulations that reduce the risks of their behaviour, as seatbelt use may encourage drivers to go faster and safety caps may create a ‘lulling effect’ whereby people are lulled into a fall sense of security regarding product risks. Regulations also entail resource expenditures that in effect make society poorer, which will increase risk levels, given the positive linkage between wealth and health. The resulting risk–risk trade‐offs can be linked theoretically to the value of life, implying that expenditures with a cost per life saved of more than ten times the value of life may in fact decrease individual health.
Liability and Social Insurance
Authors: Viscusi W. Kip 
Published: October 2003

Abstract
The estimates of the value of life provide a basis for assessing the appropriate level of safety but not for providing compensation to victims. The proper use of value‐of‐life estimates is illustrated using the Ford Pinto as a case study. Tort liability for risks imposes substantial costs, particularly for mass toxic torts. Calculations of the social costs of cigarette smoking indicate that smokers on balance pay their own way but do generate substantial health cost externalities. Workers’ compensation plays an effective role as social insurance both in providing compensation to victims as well as creating substantial incentives for safety.
Austria
Authors: Müller Wolfgang C. 
Published: October 2003

AbstractSince the constitutional reform of 1929, Austria comes under the rubric of semi‐presidentialism as defined in this volume: alongside the chancellor (prime minister), who is fully responsible to parliament, there is a directly elected president, who appoints the government and can dismiss it, although in practical terms the president has very little accountability. Nevertheless, Austria is generally considered as a parliamentary system by leading comparativists, and indeed it is parliamentary elections rather than presidential elections that decide the distribution of power. This chapter concentrates on the post‐war period, although the interwar years are also important for understanding the gap between the large constitutional powers and limited role that presidents have actually played. It draws on the literature on the Austrian presidency, original archival work, and interviews with political actors. The different sections of the chapter are: The Historical Legacy of Introducing Semi‐Presidentialism; Constitutional Powers and Their Practical Relevance; The Presidency and Party Politics; and Conclusion.
Finland
Authors: Arter David 
Published: October 2003

AbstractSince the retirement of President Kekkonen in 1981, a process of piecemeal constitutional reform has strengthened the core concept of parliamentary government at the expense of the old quasi‐monarchical elements in the Finnish political system; this modernization process has been propelled by a concern to avoid the possibility of a recurrence of the ‘enlightened despotism’ of the Kekkonen era, and has been aided by the collapse of the Soviet Union. Recent constitutional changes have also enhanced the involvement of the prime minister and government in the performance of the federative (foreign policy) function; above all, the institutional adaptation required by membership of the EU has emphasized the bicephalous character of the Finnish political executive in a way reminiscent of interwar practice. Political factors, notably the ability of the party system to deliver stable majority coalitions, have worked in the same direction, and indeed arguments have been made in favour of the abolition of the whole institution of the presidency. With parliament having recently accepted the main findings of the Nikula Committee's report and restricted the president's involvement in the process of coalition‐building, as well as vesting the government with powers jointly to manage foreign policy, it is clear that Finland is en route to becoming an orthodox parliamentary democracy: the head of state has lost his exclusive charge of the federative function; his involvement in the legislative process is limited and exceptional; and even his executive powers—particularly his powers of appointment—have been restricted in recent years. The different sections of the chapter are: Constitution‐Making 1917–1919: A Monarchical Republic?; The Shift to a President‐Dominant System, 1940–1987; From President‐Dominant to Pluralist Foreign Policy‐Making, 1987–1998; and Towards a Ceremonial Presidency?
Iceland
Authors: Kristinsson Gunnar Helgi 
Published: October 2003

Abstract
The office of Icelandic president was created in 1944 to take over the functions of the Danish monarch, which were largely ceremonial at that time, and is non‐party political. Although the president is directly elected, political power in Iceland lies with the parliament and a government that is responsible to it. This chapter explores the actual and potential powers of the Icelandic presidency in the light of Duverger's concept of semi‐presidential government, arguing that traditional interpretations of the Icelandic constitution have overlooked the distinctiveness of semi‐presidential government, and noting that the powerlessness of the presidency is less a fact of law than of politics. An attempt is also made to account for why the presidency has developed in the manner of a powerless figurehead rather than as an effective political leader. The three sections of the chapter are: The Presidency and Political Leadership in Iceland—formation of the regime, constitutional powers, parliamentary majorities; The Presidency and the Political Forces—presidentialism in Iceland, the choice of a president; and Conclusion.
Republic of Ireland
Authors: Gallagher Michael 
Published: October 2003

AbstractThe Irish presidency is usually seen as one of the weakest in any liberal democracy, certainly as the weakest presidency to be filled by direct election. This chapter does not argue that this characterization is necessarily wrong, but it does raise questions about the nature of the presidency: is it really as weak as it seems, and, if so, is this because of written or unwritten constraints; is the presidency weak at all times, or has it been in the past—or could it be in the future—more significant under some circumstances than others? The Irish political system is based very much on the Westminster model, and although it deviates from it in some important respects (e.g. it has a proportional representation electoral system, a written constitution, judicial review, and much experience of coalition government), the central role of the government in the political process is unquestionable and largely unquestioned. Within this overall framework of executive dominance, however, there is scope for some variation according to circumstances: parliament might be a little more effective vis‐à‐vis government during periods of minority government, or at times when the ever‐changing committee system is in one of its more productive modes; within the government, the Taoiseach (prime minister) is more likely to be dominant during periods of single‐party government than in coalitions; it is fair to say, though, that no one looks to the president for political leadership. The first section of the chapter considers two factors that have a strong influence upon the role of the president—the formation of the regime, and the provisions of the constitution; the next section examines relations between the president and other political actors; and the final one draws conclusions.
Lithuania
Authors: Urbanavicius Dainius 
Published: October 2003

AbstractThe Republic of Lithuania is known as a semi‐presidential state, and while it has some basic similarities with other semi‐presidential states, this chapter looks at the main peculiarities of the regime and describes the status of presidential power. The first section explains the reasons why the citizens of Lithuania voted for a semi‐presidential regime, while those in the other two Baltic states (Latvia and Estonia), preferred to adopt a parliamentary form of government where the presidency has little constitutional power; some of the peculiarities of the Lithuanian political system are explained with particular reference to the historical background which had such an impact on the creation of the system. The second section defines the constitutional, or de jure, power of the Lithuanian presidency and clarifies its relationship with the de jure power of the Seimas, or parliament, and the government. The third section analyses the political ‘triangle’ of the president, parliament, and the government, and also presents the political realities of the last six years in Lithuania. The fourth section focuses on the personality of the president with an analysis of the period from 1993 to 1998, and the last section sets out the main conclusions of the chapter and provides a prognosis for the development of the future political system in the country.
Poland*
Authors: Van Der Meer Krok‐Paszkowska Ania 
Published: October 2003

Abstract
The eight years of post‐communist democratic rule in Poland have been marked by a struggle between rival constitutional agendas, and although the institutional set‐up has remained the same as under the 1989 Roundtable Agreement (a dual executive and a dual legislature), the formal competencies and effective powers of these institutions have changed over time. There were two stages in the constitution‐making process: the round table negotiations leading to constitutional amendments, and the regular constitution‐making process. The transition to democracy was to have been gradual and controlled with a new constitution being passed before the first fully competitive parliamentary elections in 1993. Instead, democratic institutions emerged in a stepwise and piecemeal manner with political events overtaking constitutional initiatives. Minor amendments were made to the 1952 constitution in anticipation of a completely new constitution being passed relatively quickly, but when it became clear that the two houses of parliament would be unable to agree on a common draft, a stopgap constitution was passed which dealt only with executive–legislative relations. The often ambiguous provisions of this 1992 Little Constitution were interpreted by various political forces in ways that bolstered their respective institutional powers, and its passing did not lead to a less heated debate between those who wanted a ‘governing’ president and those who favoured a figurehead president with weak powers. A semi‐presidential system is in place, but its nature has been the source of institutional squabbles throughout the period considered here (1989–97), with the balance of power moving very much in favour of the prime minister. The constitution‐making process was formally completed in the summer of 1997 with the passing of the full constitution by a legislature dominated by parties with roots in the former communist regime. Its confirmation by referendum was by a narrow majority, and the numerous political parties and organizations not represented in the 1993–97 legislature have vowed to reopen negotiations on certain constitutional provisions in the next parliamentary term. The different parts of this chapter discuss the historical context, constitutional powers under the Little Constitution, political practice, and the writing of the second constitution.
Disabilities
Authors: Macleod Colin M. 
Published: October 2003

Abstract
Critically evaluates Dworkin's use of a hypothetical insurance market scheme to illuminate the degree to which justice requires the provision of compensation to persons with significant physical or mental disabilities. The chapter argues that the hypothetical insurance market scheme is procedurally unfair, is plagued by epistemic difficulties, and is insufficiently sensitive to the importance of addressing features of the social environment in virtue of which persons with disabilities are disadvantaged.
The Place of Liberty
Authors: Macleod Colin M. 
Published: October 2003

AbstractDworkin argues that equality is the sovereign virtue of political community but he also defends a form of liberalism that prizes individual liberty. This chapter examines Dworkin's attempt to secure a place for individual liberty within the basic structure of equality of resources. The argumentative strategy—the constitutive bridge strategy—deployed by Dworkin is needlessly complex and ad hoc. A simpler, interest‐based strategy provides a better account of the relationship between egalitarianism and individual liberty rights.
The Economics of Post-Communist Transition
Authors: Blanchard Olivier 
Published: October 2003

Abstract
Transition in Central and Eastern Europe has led to a U‐shaped response of output, that is, a sharp decline in output followed by recovery. Six years after the beginning of transition, most of the countries of Central Europe now seem firmly on the upside. Most of the countries of Eastern Europe are still close to the bottom of the U; an optimistic view is that they are now negotiating the turn.
This U‐shaped response of output, its causes and its implications, is the subject of this book. That transition came with an often‐large initial decrease in output should be seen as a puzzle. After all, the previous economic system was characterized by myriad distortions. One might have expected that removing most of them would lead to a large increase, not decrease in output. This is not what happened. The purpose of this book is to understand why, and to draw general lessons.
Traditions of War
Authors: Nabulsi Karma 
Published: October 2003

Abstract
This book examines wars and military occupation, and the ideas underlying them. The search for these ideas is conducted in the domain of the laws of war, a body of rules that sought to regulate the practices of war and those permitted to fight in it. This work introduces three ideologies: the martial, Grotian, and republican. These traditions were rooted in incommensurable conceptions of the good life, and the overall argument is that their differences lay at the heart of the failure fully to resolve the distinction between lawful and unlawful combatants at successive diplomatic conferences of Brussels in 1874, the Hague in 1899 and 1907, and Geneva in 1949. Based on a wide range of sources and a plurality of intellectual disciplines, the book places these diplomatic failures in their broader social and political contexts. By bringing out ideological continuities and drawing on the social history of army occupation in Europe and resistance to it, the book both challenges and illuminates the understanding of modern war.
Introduction
Authors: Nabulsi Karma 
Published: October 2003

Abstract
This short introduction describes the approach taken by the book and gives a brief outline of its contents. The story is about wars and military occupation, and the ideas underlying them, and the search for these ideas is carried out in the domain of the laws of war by addressing the challenge posed by a particular principle in these laws: the distinction between combatant and non-combatant, a concept which has been recognized as the fundamental principle upon which the entire notion of ‘humanity in warfare’ rests (and has also been acknowledged as the most fragile). The forces underpinning this distinction (more precisely, a distinction between the lawful and unlawful combatant) are explored by presenting three ideologies, each representing a distinct political tradition of war, and each rooted in incommensurable conceptions of the good life; the overall argument of the book is that this incommensurability lay at the source of the failure fully to resolve the problem of distinction between lawful and unlawful combatants between 1874 and 1949. The book makes use of concepts and methods borrowed from a range of intellectual disciplines: political thought, history, and the ‘classical’ traditions of international theory. In the case of the latter, it examines the influence of key thinkers on war, such as Machiavelli, Grotius, and Rousseau, but differs from this orthodox approach in two ways: first, it is not seeking to ascertain the ‘true’ meaning of their philosophies, but rather to find how their political thoughts were interpreted and shaped by later generations; second, the examination is not restricted to abstract theorists and philosophers but is centrally concerned with paradigms constructed by practitioners of war, both professional and civilian.
Occupying Armies and Civilian Populations in Nineteenth‐Century Europe
Authors: Nabulsi Karma 
Published: October 2003

Abstract
This is the second of three chapters that set out the differing contexts through which the dilemma in the laws of war over the distinction between lawful and unlawful combatants can be viewed: political and diplomatic (Chapter 1), social (this chapter) and intellectual (Chapter 3). It explores the social history of army occupation and resistance to it in nineteenth century Europe – from the Napoleonic period to the Franco-Prussian war– and places these diplomatic failures in their broader social and political context. In particular it examines the range of army practices under occupation, and the effect that they had on civilian life. The different sections of the chapter discuss: pillaging, looting, requisitions and billeting; reprisals; hostage-taking; types of civilian behaviour –obedience to the occupier, political and armed acts of resistance, organized acts of resistance –guerrillas and franc-tireurs; levee en masse and other assorted insurrections; ideologies of resistance; religion as a source of resistance; and the influence of nationalism and patriotism.
The Conceptualization of War and the Value of Political Traditions
Authors: Nabulsi Karma 
Published: October 2003

Abstract
This is the third of three chapters that set out the differing contexts through which the dilemma in the laws of war over the distinction between lawful and unlawful combatants can be viewed, and explores a range of intellectual approaches to the laws of war and war itself, assessing their relative methodological value and limitations. Previous chapters have illustrated that there existed at all levels a profound disagreement about the classes of people who were permitted to engage in political violence in times of war, and by narrowing the scope of inquiry to this one aspect (lawful versus unlawful combatants) of the laws of war, these chapters have also shown that there were strong normative elements to this lack of accord. Starting with this chapter, the remainder of the book argues that these normative elements were expressions of profound ideological clashes among three contending philosophies of war: martial, Grotian, and republican. From a methodological perspective, the explanation for the failed attempt to construct a distinction between lawful and unlawful combatants will be seen to lie in incommensurable normative frameworks of war, rather than in the specialized analytical tools of legal theory, diplomatic and archival history, and international relations theory. This chapter first assesses both the intellectual contributions and limitations of the legal, historical and international relations approaches before defining the three distinct traditions of war (martial, Grotian, and republican), and highlighting their explanatory value.
High Priests of the Temple of Janus: The Martial Tradition of War
Authors: Nabulsi Karma 
Published: October 2003

Abstract
This is the first of three chapters on the three traditions of war, and introduces the martial tradition. The properties of this tradition are initially contrasted with realism in order to highlight its distinct values and characteristics. How this ideology operated in practice is then shown by the development of the tradition in Europe, with particular reference to Britain, chosen above all because it is normally seen as exempt from such ‘illiberal’ values. The different sections of the chapter are: The Limitations of Realism in Explaining Martialism; The Nature of Man in the Realist Tradition; The Nature of Man in the Martialist Tradition; The Realist Tradition and the Nature of War; Martialism and the Nature of War; Realism and the Nature of the State; The Martialist Conception of the State; The Nature of Liberty: The Realist and the Martialist Traditions Compared; Nationalism and Patriotism in the Martialist Tradition; Nation, War, and Patriotism; The Development of the Martial Tradition from 1874 [in Europe]; The Martial Tradition and its Development within a Liberal Democracy [in Britain]; and The Development of the Martial Tradition in Britain.
The Enigma of the Middle Way: Grotius and the Grotian Tradition on War
Authors: Nabulsi Karma 
Published: October 2003

Abstract
This is the second of three chapters on the three traditions of war, and introduces the Groatian tradition, which is viewed as the most dominant and powerful of the traditions presented, and had as its primary source the Dutch diplomat, lawyer, poet, mathematician, theologian, and historian, Hugo Grotius (1583-1645). The objective of the chapter is to analyse this ideology, and show how its principles came to underpin the later Grotian rationale for the legal distinction between lawful and unlawful combatants. The chapter begins by evoking the inherently enigmatic qualities of Grotius and the numerous (and often conflicting) traditions that he inspired; next the distinct properties of the Grotian tradition of war are set out and seen to consist of a singular legal discourse, a pluralist method, and a strong attachment to order and power. The core components of this ideology are then examined with reference to Grotian conceptions of human nature, government, and liberty; these elements are shown to provide the necessary foundations of Grotius’ conception of war, and in particular to inform the priority accorded to the rights of states and armies over those of civilian populations. The final section of the chapter examines how this ideology informed the practices and beliefs of the founders of the modern laws of war; these ideological changes highlight the adaptability of this tradition as it developed at the end of the nineteenth century, and defined the dominant paradigm of the laws of war.