bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Bounds of Defense
Authors: Strawser Bradley Jay 
Published: April 2023

Abstract
Most people believe that killing someone, while generally morally wrong, can in some cases be a permissible act. Most people similarly believe that war, while awful, can be justified. This book addresses both subjects as equal parts in a larger meditation on the ethics of harm and moral responsibility—whether in war collectively or in individual cases of self-defense—and whatever it is that lies in between the two. The book sets out by examining the moral justification for individual defensive killing and then tests its application to collective war as a natural outgrowth of the former. In seeking sincere answers to these morally vexing questions, it offers a novel theory of liability attribution based upon evidence-relative norms: we should only be held morally responsible for what we could possibly know is wrong based on the evidence before us. In developing this theory of liability as it applies to war, Bounds of Defense also gives a robust apologia of what has been called as “revisionist” just war theory and charts a neo-liberal basis for just war theory grounded on the value of individual autonomy along the way. The entire book is an earnest attempt to take individual rights and responsibilities seriously in our thinking over killing and the horrors of war.
Artist Winemaker
Authors: Waterhouse Andrew L. , Gislason Nick E. 
Published: April 2023

Abstract
The creation of artisanal wine starts by creating a vineyard where the site is compatible with the specific grape varieties that are planted there. Once the vineyard is established, the cultivation techniques such as irrigation, pruning, and cover crops will affect the grape qualities. The harvest timing decision has a major impact on the resulting wine, and the subsequent winemaking decisions on crushing, pressing, yeast and barrel selection, as well as many other choices can result in a very particular, perhaps unique wine. A question is whether or not the wine is truly unique, and could an informed taster identify the artisan winemaker?
Artisanal Fruits and Vegetables
Authors: Trout Rosemary E. , Trout Joseph J. 
Published: April 2023

Abstract
Artisanal crop farming commonly employs organic and sustainable principles and focuses on traditional methods, heirloom cultivars, and pronounced consideration for seasonality, consumer preference, and environmentally healthy, ethical, and equitable farming. Certain requirements must be met for a fruit or vegetable to be labeled as organic, and many artisans go to the trouble of meeting them. Artisans often use natural alternatives to pesticides and herbicides and pick and harvest their crop by hand. Organically grown crops tend to contain higher levels of phenols, and some also have more ascorbic acid. Artisans may also grow heirloom varieties of crops, which existed prior to commercialization. The local and sustainable nature of artisanal fruits and vegetables adds to their desirability among many consumers.
Louis Hjelmslev on the correlational structure of language
Authors: Cigana Lorenzo 
Published: April 2023

Abstract
Occupying a central place in the thought of Louis Hjelmslev (1899–1965), the paper reproduced in this chapter presents the results of his research into the general principles governing the oppositional nature of morphemic categories. Through this research, he arrived at a novel version of ‘markedness’, a central theoretical concept in structuralism. Originally developed by Jakobson and Trubetzkoy, markedness deals with the asymmetrical relationship in a pair of linguistic units belonging to the same paradigm, such as morphemes or phonemes, where one signals a distinctive feature (and is specific) while the other does not (being non-specific and inclusive). Hjelmslev’s formulation of markedness offered important insights into the epistemological underpinnings of this theoretical posit. This paper was composed in 1933 and expected to be published in the same year in the Bulletins of the Copenhagen Linguistic Circle, as Hjelmslev’s next major theoretical statement after his Principes de grammaire générale (1928), but, mysteriously, it did not appear until 1973, in the second volume of his Essais linguistiques. The reasons for this delay involve both external factors of human interaction and internal conceptual difficulties. The introductory essay first reconstructs the dynamics of the Copenhagen School, with a focus on the academic and private rivalries between Hjelmslev and Viggo Brøndal before dealing with the theoretical tensions between the similar and yet competing models of markedness developed by Hjelmslev and Brøndal. The introduction and notes to this chapter make extensive use of Hjelmslev’s correspondence and unpublished manuscripts held at the Royal Library of Copenhagen.
Émile Benveniste on the relation between linguistic and social structures
Authors: Laplantine Chloé 
Published: April 2023

Abstract
Émile Benveniste (1902–1976) is often identified as one of the chief representatives of European linguistic structuralism. Even so, his view of language as subjective activity would seem to run counter to the supposedly objective approach which most often characterizes structuralism. The article ‘Structure of language and structure of society’ (1970) examines a problem that has been debated since the beginning of the twentieth century and which is properly a structuralist question. The relationship between the structure of language and the structure of society has been examined from a variety of points of view: Antoine Meillet (1866–1936), for example, argued that changes in society induce changes in language; Marxist theory held that language is the mirror of society; Edward Sapir (1884–1939) made language and society independent from each other in order to counter racialist theories; Claude Lévi-Strauss (1908–2009) advanced the hypothesis that the structure of a language can be deduced from a kinship system. Benveniste’s proposition, ‘language is the interpreter of society’—a proposition which can also be found in the article ‘Semiology of language’ (1969)—aims to show that the linguistic activity of producing meaning (value) gives shape to all social representations, and to make the study of language as discourse central to any attempt to understand social practice.
Fuzzy trace theory
Authors: Helm Rebecca K. , Reyna Valerie F. 
Published: April 2023

Abstract
Fuzzy trace theory (FTT) is a dual-process theory of memory and decision-making that distinguishes two types of mental representations—gist and verbatim—which are encoded simultaneously. These representations have different characteristics; the representation relied on when making decisions influences the way that decisions are made. Through distinguishing gist and verbatim representations, FTT explains known effects, but it also predicts novel and counterintuitive effects, such as developmental reversals when children are less susceptible to spontaneous false memories or to irrational decision biases, compared with adults. Understanding these effects, and how they occur under predictable conditions, is important in informing practice and policy. Such understanding mitigates against weaknesses in policy based on ‘common sense’ rather than evidence and provides insight into both whether and how policy change is likely to have an effect. To facilitate this understanding, this chapter introduces basic precepts of FTT and supporting research. It then shows how these findings have important applications and implications for policy. The chapter focuses on the following areas: insight into mechanisms behind false memory that can inform policy relating to witness memory in the legal system, as well as jury decision-making; insight into the evaluation of evidence that can inform the presentation of medical information and reduce the impact of fake health news; and insight into risky decision-making that can inform policy seeking to reduce unhealthy and illegal risky behaviours and to ensure that decisions to plead guilty or go to trial in the criminal justice system are made for reasons that are normatively acceptable.
Working memory in action
Authors: Allen Richard J , Waterman Amanda H. , Yang Tian-xiao , Graham Agnieszka J. 
Published: April 2023

Abstract
Working memory as a field of research has long been characterized by productive development at both theoretical and practical levels. The multicomponent approach developed by Alan Baddeley and colleagues continues to be a driving force in each of these regards. One recent example of this is the question of how instructions and actions might be encoded and temporarily retained in working memory. This is an important real-world ability that also offers complex challenges for theoretical interpretation. Strides have previously been made in understanding how action might impact long-term memory, but this had remained a relatively underexplored topic in the context of working memory. Motivated in part by the observation that children with poor working memory seem to struggle with classroom instruction, the last 15 years has seen the development of a new literature on working memory for action and instruction exploring the possible cognitive mechanisms underpinning this ability and how it might change across task contexts and populations. This work has started to map out some of the factors that determine successful recall and implementation of instruction sequences. Among a range of findings, it is emerging that incorporating action either through anticipated, observed, enacted, or imagined performance can substantially increase the likelihood of successful task completion. Such outcomes have been observed in healthy young adults and, with certain important constraints, in individuals with relatively reduced working memory capacity (e.g. typical children and older adults, and clinical populations such as children with attention deficit hyperactivity disorder and older adults with dementia). This chapter reviews the current state of play, considers theoretical interpretation and practical application, and suggests where this emerging field of research might go next.
Actuality Inferences
Authors: Nadathur Prerna 
Published: April 2023

AbstractExpressions of ability exhibit a curious ambiguity, sometimes describing the potential actions of an agent, and in others simply what the agent did on a particular occasion. In aspect-marking languages, the ambiguity extends to abilitative uses of the possibility modal and is governed by aspectual marking, so that imperfective ability takes a pure, potentially unrealized interpretation, but perfective ability gives rise to an actuality entailment, requiring the realisation of the modal complement. Actuality entailments have resisted explanation on approaches which seek to derive them in the composition of modality and aspect. This book lays the groundwork for an account that links both ability and actuality to a novel component in the semantics of ability: causal dependence. On the approach proposed here, ability modals describe a complex causal structure, in which some potential action for an agent is taken to be causally necessary and causally sufficient for the realisation of the modal complement. The proposal is developed by comparing the inferential profile of ability modals to that of complement-entailing implicative verbs (e.g., manage), and aspect-sensitive enough/too predicates (e.g., be fast enough): the predicates types are unified by a shared causal background, but differ with respect in asserted content. Where implicative verbs assert the realisation of their complements’ causing conditions, ability and enough/too predicates simply establish the stative potential for their agents to take causing action. This asserted content interacts with a selective perfective aspect to trigger operations of aspectual coercion, resulting in the aspect-sensitive inferential profile of ability ascriptions. The book offers a new perspective on the role of causal dependence in lexical and compositional semantics, and contributes to the development of a growing research program which uses formal, computational causal models as a tool for semantic analysis and explication.
Causal dependence in implicative inferences
Authors: Nadathur Prerna 
Published: April 2023

AbstractThis chapter pursues a deeper understanding of actualized interpretations for ability ascriptions by examining a closely related set of inferences, from complement-entailing implicative verbs (e.g., manage) in English and Finnish. It introduces arguments for treating actuality entailments as compositionally-derived cases of implicativity, and uses this discussion to motivate a new approach to the lexical semantics of implicative verbs. The bulk of the chapter develops an account of implicative semantics on which their characteristic complement entailments follow from causal dependence relations embedded in their lexical semantics; en route to developing this analysis, it introduces the formal framework for causal models which will be employed in the rest of the book. The chapter concludes by examining the ‘implicative’ outlook for ability ascriptions, and motivates an examination of variably-implicative enough/too constructions.
Variable implicativity inenoughandtooconstructions
Authors: Nadathur Prerna 
Published: April 2023

AbstractThis chapter examines the empirical distribution of implicative inferences for enough/too predicates (e.g., be fast enough to, be too old to) in English and French. It establishes the parameters which must co-occur for enough/too constructions to produce (aspect-sensitive) complement inferences, and argues that these parameters conspire to produce the same complex causal structure which leads to the complement entailments of lexical implicative verbs.
Aspect and actuality inferences
Authors: Nadathur Prerna 
Published: April 2023

AbstractThis chapter examines the interaction between grammatical aspect and aspectual class, developing a theory of aspectual composition on which ‘mismatches’ between the selectional restriction of grammatical aspects and the aspectual class features of input eventuality predicates can trigger ‘repair’ operations of aspectual coercion, reshaping aspects of the underlying predicate of eventualities. It argues that dynamic capacity predicates (e.g., be fast) are subject to an understudied form of aspectual coercion, termed here instantiative, and offers a characterization and formal description of the effect of this operation. The chapter demonstrates that instantiative coercion converts latent capacity attributions into eventive manifestations of the properties they describe, and shows that this combines with the underlying causal structure of dynamic circumstantial enough/too predicates to produce the empirically-observed, aspect-driven pattern of complement entailment.
Conclusion
Authors: Nadathur Prerna 
Published: April 2023

AbstractThis chapter summarises the full investigation, and discusses the answers that have been provided over the course of the book for the three framing questions in Chapter 1. It offers a broader perspective on the role of causal structure in the analysis of linguistic inference, and suggests some avenues for developing an exploration of the connections between causal structure and the (linguistic) conceptualization of agency and agentivity.
The Doctrine of Precedent and the Rule of Recognition
Authors: Lamond Grant 
Published: April 2023

Abstract
The first part of this chapter highlights two aspects of the doctrine of precedent as it is understood by common lawyers: the law-creating nature of judicial decisions and the ways in which precedents bind courts. The second, longer, part of the chapter considers whether the doctrine can be given a satisfactory philosophical analysis in terms of Hart’s rule of recognition, and what light the doctrine sheds on the rule of recognition itself. It defends the view that the law-creating aspect of precedent can be explained in terms of criteria in the rule of recognition against claims that there is too much disagreement over the criteria for this conception to be plausible. It goes on to argue that the rule of recognition is not simply a social rule of officials but a customary law of the system, and a detailed account of such customary law is proposed. Finally, it suggests that the existence of other customary laws that do not owe their existence to the rule of recognition militates against the idea that every legal system necessarily has just one (often highly complex) rule of recognition. Instead, legal systems contain as many rules of recognition as there are ultimate sources of law.
Precedent and Paradigm
Authors: Trueblood Leah , Hatfield Peter 
Published: April 2023

Abstract
In The Structure of Scientific Revolutions, Thomas Kuhn uses an analogy with the common law to help explain the nature of scientific progress. He says, ‘In science … a paradigm is rarely an object for replication. Instead, like an accepted judicial decision in the common law, it is an object for further articulation and specification under new or more stringent conditions.’ This chapter argues that this analogy is helpful for three reasons. First, it offers a useful—although non-exhaustive—definition of precedent. Secondly, Kuhn’s account helps to explain when and why precedents must be overturned. This is not because precedents are ‘mistaken’ exactly but rather because, as in science, ‘malfunctions’ arise in the process of solving legal problems. Kuhn’s theory explains the two types of change which are necessary for the common law to progress: cumulative and paradigmatic. Thirdly and finally, Kuhn’s analogy shows that, while progress in the law is not linear, this complexity is to the law’s advantage. Sometimes it is necessary, and even helpful, for the common law to move backwards to move forwards.
Analogical Reasoning and Precedent
Authors: Sunstein Cass R 
Published: April 2023

Abstract
This chapter explains that, in law, the process of analogical reasoning appears to work in five simple steps. (1) Some fact pattern A—the ‘source’ case—has certain characteristics; call them X, Y, and Z. (2) Fact pattern B—the ‘target’ case—has characteristics X, Y, and Q, or characteristics X, Y, Z, and Q. (3) A is treated a certain way in law. (4) Some principle or rule, announced, created, or discovered in the process of thinking through A, B, and their interrelations, explains why A is treated the way that it is. (5) Because of what it shares in common with A, B should be treated the same way. It is covered by the same principle. It should be clear that the crucial step, and the most difficult, is (4). Often analogical reasoning works through the use of incompletely theorized agreements, making (4) tractable. Some of the disputes about analogical reasoning reflect contests between Burkean and Benthamite conceptions of law.
Precedent and Law-Making Powers
Authors: Barczentewicz Mikołaj 
Published: April 2023

Abstract
This chapter provides a critical overview of the debate on the relationship between precedent making and exercises of a particular kind of legal powers: law-making powers. In doing so, it challenges some common claims about the courts (necessarily) having law-making powers. The chapter discusses what is common among the major general accounts of legal powers and shows the role of intentions and of volitional control of power holders. Those aspects have consequences for what kind of judge-lead legal change should be viewed as an exercise of a legal power specifically to make (change) the law. This is particularly salient in cases of ‘unprecedent’ (where a court tries to avoid setting a precedent) and to situations where court-led legal change becomes effective through a mechanism akin to custom than to legislating. Moreover, the chapter discusses the question of the tension between the official stories (ideologies) of legal systems and second-order (e.g. academic) accounts on the issue of judicial powers to make the law. It argues that one should not be too quick to dismiss the law’s official claim that judges do not have a power to make the law.
Constitutionally Erroneous Precedent as a Window on Judicial Law-Making in the US Legal System
Authors: Fallon Richard H 
Published: April 2023

Abstract
This chapter probes the doctrine of stare decisis as it functions in constitutional cases in the Supreme Court of the US. It solves what some have viewed as two puzzles about constitutional stare decisis in the US. One involves how past decisions that the justices believe to be erroneous can displace the original meaning of a constitution that purports to be ‘the supreme law of the land’. The other mystery is how it can be that if erroneous precedents sometimes prevail over the US Constitution’s original meaning, they do not always do so. In response to the first puzzle, this chapter appeals to the Hartian concept of a ‘rule of recognition’, grounded in official practice and ‘acceptance’. In addressing the second puzzle, this chapter relies on Hart’s distinction between rules of recognition and ‘rules of change’. In the Supreme Court, the chapter argues, an important practical function of the doctrine of stare decisis is to empower the justices to act as constitutional law-makers choosing whether to effect or not to effect legal change. In addition to clarifying the role of constitutional stare decisis in the Supreme Court, this chapter seeks to advance understanding of possible variations in the functioning of stare decisis in different legal systems and of Hartian jurisprudential concepts, including those of rules of recognition and rules of change.
Hoary Precedents
Authors: Kramer Matthew H 
Published: April 2023

Abstract
Hoary precedents are rulings or sets of rulings which were issued by courts many decades ago and have never been overturned subsequently. Can it ever be the case that a hoary precedent, invoked as legally binding by judges and other legal-governmental officials in numerous contexts, is not in fact legally binding? This chapter will argue that the answer to such a question is affirmative, and that the affirmative answer is entirely consistent with the resistance of legal positivists to the proposition that law is an inherently moral phenomenon. That affirmative answer will be reached through some reflections on the metaphysics of legal objectivity.
Urban Warfare
Authors: Weissmann Mikael 
Published: April 2023

Abstract
It is often said that future combat will take place in urban areas, including megacities, and preparing for urban warfare has become a necessity. Whilst urban warfare in itself is nothing new, urbanization and new technology are inexorably forcing battles to move to urban areas to a larger extent than ever before. The chapter outlines key challenges and expectations for urban operations on today’s and tomorrow’s battlefield—urbanization, multi-domain operations, grey zone problems, technology, and the urbanization of insurgency—and outlines ways to handle them including outlining best practices and available tools. It is found that not only does the future of warfare lie in urban areas but in today’s interconnected world, with the information sphere becoming the centre of gravity, the urban battlefield reaches far beyond the city limits. Finally, eleven takeaways about urban warfare are drawn up.