bluuebunny/crossref_metadata_2025_split huggingface dataset:
Causal Fictionalism
Authors: Eagle Antony 
Published: January 2024

Abstract
Causation appears to present us with an interpretative difficulty. While arguably a redundant relation given fundamental physics, it is nevertheless apparently pragmatically indispensable. This chapter revisits certain arguments made previously by the author for these claims with the benefit of hindsight, starting with the role of causal models in the human sciences, and attempting to explain why it is not possible to straightforwardly ground such models in fundamental physics. This suggests that further constraints, going beyond physics, are needed to legitimate such models. These supplementary constraints could be reified, but that would seem to conflict with the completeness of physics. A response is to emphasize the practical role of causal talk, and the author suggests that a fictionalist approach might be worth exploring. After clarifying fictionalism as a general approach, they carry out in some detail the project of clarifying what a fictionalist attitude to causation would involve.
Compact cladistics
Authors: Wise Steven P. 
Published: January 2024

Abstract
Discussions of cortical evolution rely on several terms rarely encountered in the neuroscience literature, some of which have narrower meanings in evolutionary biology than in neuroscience or everyday discourse. This chapter and the next include eight illustrations that explain the relevant terminology enough for readers to understand the text and figures in this book. Three sets of concepts are crucial: homology, homoplasy, and analogy; a tree versus a ladder as a metaphor for evolution; and old versus new cortical areas. Although the neuroscience literature often mentions evolution, faulty inferences sometimes escape the review and editorial process. A common error involves assumptions about homologies based on similarities alone, which can situate the emergence of an innovative trait too far in the past and therefore in the wrong ecological context.
Present primates
Authors: Wise Steven P. 
Published: January 2024

Abstract
Primates are Euarchontans, which means that they are more closely related to tree shrews and colugos than to other mammals. Primates are also Euarchontoglires, which means that their next closest relatives are rodents and lagomorphs (rabbits and their relatives). Primates are best understood in the context of these relationships, which strengthen inferences about cortical evolution. The original primates diverged into two descendant groups: strepsirrhines and haplorhines. Other primate classifications include anthropoids, platyrrhines (New World monkeys), catarrhines (Old World primates), cercopithecoids (Old World monkeys), hominoids (apes and humans), hominids (great apes and humans), and hominins (modern humans and extinct relatives such as australopithecines). It is important to recognize that primates are a diverse group of placental mammals, with considerable variety in the size of their neocortex and its complement of functionally distinct areas.
Prolog to paleontology
Authors: Wise Steven P. 
Published: January 2024

Abstract
According to molecular phylogenies, primates probably evolved before the mass extinction of ~66 Ma. Even so, all primate fossils postdate that cataclysm. The oldest ones come from geological formations dated to ~200,000 years after the extinction; and the oldest Euprimate fossils are ~55 million years old. Among other things, fossils enable paleontologists to estimate the body size of extinct species, which along with dental morphology yields clues about their diets. Body size also provides information about how primates adapted to climate change. Primates arose in a warm, wet world dominated by dense rainforests. Then, during the past 50 million years, the earth cooled several times, sometimes gradually and sometimes abruptly. Each period of global cooling decreased atmospheric and soil moisture, which caused rainforests to dry and contract. Because early primates depended on the protection and nutrients such habitats provided, deforestation created strong selective pressures.
Primate paleoecology
Authors: Wise Steven P. 
Published: January 2024

Abstract
Primates originated in a “hot-house” world of widespread rainforests. Plesiadapiform primates thrived during the Paleocene but died out when arboreal rodents won their niches. Euprimates radiated during the Eocene, which ended in a period of global cooling ~40–34 Ma. The resulting deforestation reduced primate habitats and increased competition for arboreal resources. The abrupt global cooling that initiated the Oligocene, ~34 Ma, exacerbated deforestation at temperate latitudes and caused food production to become seasonal and volatile. Afterward, anthropoids became larger animals that foraged diurnally over an extensive home range, initially as slow arboreal quadrupeds. Hominoids appeared ~26–23 Ma and diversified ~17–15 Ma during a warm period. Global cooling resumed ~14–9 Ma, which caused more deforestation and the extinction of many ape species. As hominoid diversity waned, cercopithecoids and platyrrhines radiated. During the Plio-Pleistocene, both cercopithecoids and hominins exploited the open habitats that replaced forests.
Eocene expansions
Authors: Wise Steven P. 
Published: January 2024

Abstract
Most ideas about cortical evolution depend on the textbook view of cortical organization: that it comprises visual, auditory, somatosensory, motor, association, and limbic areas. A more parsimonious idea is that all cortical areas specialize in representing conjunctions of information. When an area’s specialized conjunctions provide an adaptive advantage, selection favors developmental programs that populate it with more neurons. The resulting expansion improves the area’s original representations, and it also serves as the starting point for the evolution of new areas and representations, which then become subject to selection. Combined with fossil evidence, reviewed in Chapter 7, this idea informs proposals about when the characteristic shape of primate brains evolved; ecological factors favoring the enlargement of specific cortical areas; and the role of primate-on-primate competition in cortical enlargement.
Anthropoid augmentations
Authors: Wise Steven P. 
Published: January 2024

Abstract
Long after the Eocene expansions, the cortex enlarged again during the Miocene, independently in three anthropoid lineages: platyrrhines, cercopithecoids, and hominoids. These changes didn’t occur because of complex social systems, frugivory, diurnal foraging, or predation threats per se. All these driving forces existed before the cortex enlarged. Instead, changes in and interactions among such factors drove cortical enlargement. In platyrrhines and cercopithecoids, cortical expansion occurred during the middle-to-late Miocene as global cooling stressed their forest habitats and led to resource volatility. In hominoids, cortical expansion occurred during the early Miocene, a time of stable climate but also of new, more effective predators. In all three anthropoid groups, individuals incurred a risk of predation during long-range foraging journeys in daylight. Accordingly, improvements in foraging choices, guided by new representations in anthropoid-specific cortical areas, provided a survival advantage by decreasing the frequency of unproductive choices.
Pleistocene prizes
Authors: Wise Steven P. 
Published: January 2024

Abstract
Cortical expansion accelerated in Pleistocene hominins, resuming a phylogenetic trend that began in anthropoids of the late Eocene and hominoids of the early Miocene. Most of the areas involved in the Pleistocene phase of cortical expansion were specializations of anthropoids, including large parts of the prefrontal, posterior parietal, and temporal cortex. These areas supported social cooperation, tool manufacture, teaching and imitation, relational reasoning, spoken language, and episodic memory. Two additional functions may have been especially important: cultural knowledge, also known as semantic memory; and the limitless imagination of alternative futures, along with counterfactual pasts. The latter function, called constructive episodic simulation, depended on expansion of both the hippocampus and the typically layered areas of cortex, especially prefrontal areas. Emergent properties included a human-specific sense of self and society, including large-scale, geographically dispersed cultures.
Execrable Crimes
Authors: Hamilton Tom 
Published: January 2024

Abstract
This chapter explains the legal history of article 86 of the Edict of Nantes (1598), which defined the execrable crimes to be excluded from amnesty as including the ‘kidnapping and rape of women and girls, arson, murders, and thefts by betrayal and lying in wait, … the violation of passports and safe conducts, together with murder and pillage without command’. It demonstrates that the term cas exécrable was an invention of the Edict of Poitiers (1577), which became a more established fixture of the laws of war in the Edict of Nantes. The definition of execrable crimes had considerable resonance in the confessional politics that followed in the wake of the 1572 Saint Bartholomew’s Day massacre, and related to wider legal and moral debates about how to restrain soldiers’ cruelty and punish their transgressions throughout sixteenth- and seventeenth-century Europe.
The Role of Economic Goods in National Reconciliation
Authors: Metz Thaddeus 
Published: January 2024

Abstract
Scholars have compared the transitional justice processes of Colombia and South Africa in some respects, but there has yet to be a systematic moral-philosophical evaluation of them regarding how they have sought to allocate economic goods. This chapter appraises the ways that South Africa and Colombia have responded to their respective historical conflicts in respect of the distribution of property and opportunities. It does so in the light of a conception of reconciliation informed by a relational ethic of harmony, a value salient in the worldviews of many Indigenous peoples in both Africa and South America. It is argued that, given such an account of reconciliation, one of Colombia’s major proposed ways of allocating property and opportunities, whereby offenders would labour for the sake of improving victims’ socio-economic conditions, would be much better than what South Africa has done, even if Colombia has yet to put such a policy systematically into practice.
Building Peace and Restoring Law upon the Ethos
Authors: Pizarro Nathalia Bautista 
Published: January 2024

Abstract
The chapter focuses on how social philosophies developed by ethnic communities and communities of victims can help us to rethink what justice requires. Such philosophies also offer us different approaches to resolving societal conflicts as can be seen through the lens of the peace processes in South Africa and Colombia. This chapter refers to the role of ubuntu in the South African experience and to the social philosophies of three Colombian communities: the Misak Indigenous people of Cauca, the Afro-descendant community of the Atrato River in Chocó, and the urban community Agroarte of Medellín. Through these examples we can draw out two important understandings: first, how consideration of ancestral and cultural values can contribute to the configuration of restorative processes in transition by establishing interpersonal relationships not on an individualistic but rather on a communitarian basis; secondly, how conflict can be addressed by structuring the means of resolving differences via dialogue, narrative, consent, and advice.
Joint Reflection: Economic Goods and Communitarian Values
Authors: Metz Thaddeus , Bautista Pizarro Nathalia 
Published: January 2024

Abstract
This chapter considers the histories of Colombia and South Africa and how some of the values indigenous to those locales might plausibly bear on transitional justice in them. The advanced broadly relational and constructive (non-retributive) approaches to the social conflicts had taken place there, ones that make victim compensation central. This joint reflection considers how Metz’s ubuntu-based reconciliatory approach to reparations might be relevant to Colombia in ways that he did not consider, after which it reflects on how the kinds of communitarian practices Bautista Pizarro advances might be relevant to South Africa and strengthen its transitional justice model. The authors argue that these cross-applications are revealing, pointing out how economic compensation in Colombia should plausibly be influenced by cultural factors, and how considerations of culture in South Africa call for compensation beyond economic factors.
Joint Reflection: The Difference History Makes
Authors: Bilchitz David , Henao Magdalena Inés Correa 
Published: January 2024

Abstract
What explains the differences in the approach of the two apex courts of South Africa and Colombia in relation to past injustice in their decisions on the right to housing? In Bilchitz’s chapter, in South Africa, there is an explicit engagement with historical injustice in the jurisprudence on the right to housing which has a real impact on how the Court constructs the content of the rights and the remedies granted. Correa Henao demonstrates that in Colombia, the Constitutional Court focuses on the present vulnerability of litigants in crafting legal doctrine and remedies with limited engagement as to how the current circumstances arose from past injustice. This chapter analyses possible reasons for these differences—these include the different histories of the two countries, a different set of goals they seek to attain, a divergent approach to the value of historical consciousness in transitional societies, and different conceptions of the role of judges in the two societies.
Joint Reflection: Litigating for a Collective
Authors: Finn Meghan , Beltrán Andrés Mauricio Gutiérrez 
Published: January 2024

Abstract
The joint reflection considers what can be learnt from considering the South African and Colombian experiences with relying on collective mechanisms for the advancement of social rights. In this context, the authors begin by discussing the role of the courts and judicial activism in crafting novel processes and remedies and then contrast the procedures available for litigation for collective ends in Colombia and South Africa. They move on to consider the participatory dimensions of both structural judgments and class actions, which they argue can allow for rights that might not otherwise be represented through democratic processes to be vindicated. Finally, they explore the symbolic effects of the forms of collective action, as well as the limits of law—and particularly, of litigation—in securing meaningful social change in their respective jurisdictions.
Twenty-Five Years of DemocracyThe Consequences of South Africa’s Post-Apartheid Constitution and Political Economy for Traditional Peoples
Authors: MnisiWeeks Sindiso 
Published: January 2024

Abstract
This chapter analyses the socio-legal situation of traditional peoples in post-apartheid South Africa subsequent to the country’s transition. The focus of the chapter is on access to land rights and security of tenure for traditional communities. The chapter evaluates whether the South African Constitution has enhanced these rights and specifically considers the impact of the political economy that has persisted and prevailed after apartheid. The argument is presented that, due to the ruling party’s approach to customary law, the rights of traditional communities hinge on the position and power of traditional leaders. As a result, ordinary members of traditional communities have seen limited benefit from entering the democratic era. In fact, the chapter argues, more than twenty-five years after the formal end of apartheid, the evidence shows that traditional communities have experienced limited land rights protection and material security under the post-apartheid regime. The transition from colonial-apartheid to democracy has thus not succeeded in fundamentally transforming South Africa towards greater distributive justice for these groups.
Evaluating the Impact of the Peace Agreement on the Indigenous Peoples of ColombiaLand Rights and Compensation
Authors: Rivera-Drago Diana Carolina , Guzman Filipo Ernesto Burgos 
Published: January 2024

Abstract
This chapter focuses on the advancement of land rights and economic redress for the Indigenous peoples of Colombia in relation to the provisions contained in the Final Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace, signed in Havana in 2016 and which has since been incorporated into the Colombian Constitution of 1991. The chapter considers the extent to which the peace agreement advances distributive justice for the Indigenous peoples arising from the armed conflict in Colombia with particular reference to whether it has brought about greater land access and security as well as financial compensation for these marginalised groups. Its overall conclusion is that, given the limited tangible gains for Indigenous peoples in respect of land restitution and economic reparation arising from the agreement, Colombia’s transitional justice process is far from complete.
Jurisdiction and Constitution
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter introduces the jurisdiction and constitution of employment tribunals. It explains that employment tribunals are established and governed by statute to address a wide range of employment law disputes, referring to the establishment of the Employment Tribunals Act 1996 and Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. A tribunal may comprise either an employment judge sitting alone or a panel consisting of an employment judge and two lay members. The chapter also elaborates on the jurisdiction, administration, and representation of employment tribunals. It also cites that employment tribunal offices are found in most major cities in England and Wales.
The Hearing
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
Chapter 9 (The Hearing) covers all aspects of hearings in employment tribunals. It looks at the different types of hearings and different methods for conducting them, preparation in advance of the hearing and at what to expect at the hearing. It also considers when a hearing may be adjourned or postponed and at the circumstances in which a tribunal can order restrictions on publicity and disclosure.
Costs
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter explains that a costs order is an order that the paying party pays the receiving party in respect of the fees, charges, disbursements, or expenses incurred in the conduct of the litigation. It elaborates on the notion of wasted costs and preparation time orders (PTOs), referencing the tribunals' power to order costs to their representative and in favour of in-house representatives and litigants in person. A tribunal cannot make a costs order under Employment Tribunal Rules of Procedure 2013 (ETR 2013) and a PTO in favour of the same party in the same proceedings. The chapter cites that an order can be made at any stage of the proceedings. It also notes how the tribunal shall order the respondent to pay the costs incurred as a result of a postponement or adjournment.
Group Litigation
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter elaborates on the concept of group litigations. In the civil courts, group litigation orders may be applied in the case of mass claims. Additionally, the civil courts have specific Civil Procedure Rules (CPR) provisions to make group litigation orders to manage litigations, while the Employment Tribunal Rules of Procedure 2013 (ETR 2013) introduced some limited provisions in relation to lead cases and other matters of case management that fall within the general powers of the tribunal. The chapter details the characteristics of a group litigation order. It also tackles how group litigation in the employment tribunal is most likely to involve similar claims for equal pay.
European Union Law and References to the European Court of Justice
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter discusses European Union Law and references to the European Court of Justice. It details the implementation and transition period between the European Union and the United Kingdom after its withdrawal from being an EU Member State. Following the withdrawal of the UK from the European Union, the Court of Justice of the European Union (CJEU) no longer has jurisdiction over UK courts and its future decisions are not binding on UK courts. The chapter looks into the extent of the retained law in the employment tribunal, referencing the Equality Act 2010. It considers the provisions established by the European Union (Future Relationship) Act 2020 and the Retained EU Law (Revocation and Reform) Bill.
Redundancy
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter elaborates on the notion of redundancy. If circumstances revolve around financial difficulty or business changes occur, an employer may need to reduce the number of its employees through redundancy. Even if redundancy is a potentially fair reason for dismissal, employers must act reasonably in selecting people to be made redundant. The chapter explains that an employee who has been employed for two years or more is entitled by statute to a redundancy payment on a sliding scale. Most tribunal cases concerning redundancy revolve around reasons for redundancy, implementation of proper individual consultation and collective consultation, and proper compensation.
Pay Claims
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter focuses on general pay obligations, which highlight a worker's entitlement to be paid. It explains how pay is generally governed by the contract of employment. However, statutes can intervene with payment obligations through circumstances of an employer's right to deduction, National Minimum Wage Act 1998, prohibition of differentials between men and women, and Working Time Regulations 1998. The chapter also covers a worker's right to receive holiday pay, referencing the worker's contract and the WTR 1998 provide for minimum rights to paid annual leave for workers. It provides a checklist for unlawful deduction claims and WTR 1998 annual leave claims.
Transfer of Undertakings
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter looks into the extent of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006). It explains how employees working in an undertaking which is transferred are entitled to certain protections. (TUPE 2006) operates to preserve the employee’s statutory and contractual employment rights which he had before the transfer. The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 implemented changes to TUPE 2006 and it remains in effect even after the withdrawal of the UK from the EU. The chapter also discusses the correlation of TUPE 2006 to trade unions, the duty to inform and consult, and the disclosure of employee liability information.
Recoupment of Benefits
Authors: Mansfield Gavin , Banerjee Lydia 
Published: January 2024

Abstract
This chapter tackles the recoupment of benefits, which references the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996. The regulation ensures that a dismissed employee is not compensated twice over for the same loss, by social security benefit and unfair dismissal compensation. Some awards made by a tribunal may be subject to deductions in respect of certain social security payments received by the claimant: jobseeker’s allowance, income-related employment and support allowance, income support, and universal credit. The chapter mentions the proportionate reduction of awards and recoupment. It clarifies that Recoupment Regulations do not apply to out-of-court settlements.