bluuebunny/crossref_metadata_2025_split huggingface dataset:
Trademark Parody under Japanese Trademark Law
Authors: Rademacher Christoph , Carapeto Roberto 
Published: June 2023

Abstract
Trademark parodies are not a particularly new phenomenon, though with the continued development of digital marketing and e-commerce, the relevance of this discussion has been growing on a global scale. One noticeable trend is that well-known international brands have become the target of “regional” or “domestic” parodies. Consumers usually see trademark parodies as fun marketing tools that evoke a lighthearted and cheerful image of a well-known mark. Of course, trademark owners attempt to maintain a high degree of protection regarding their marks around the world; they usually look at parodies differently and are concerned about the potential consumer confusion or trademark dilution that parodies might cause. Like other major jurisdictions, Japan has been the venue for a number of trademark parody disputes. This chapter highlights the two main problems noted in the growing body of Japanese case law. First, courts seem to have embarked on developing a somewhat inconsistent substantive standard. Second, in the context of parodies, the Japanese trademark community seems to commingle registration with infringement. This chapter reviews the underlying provisions of Japanese trademark law and connects the dots between the most significant trademark parody decisions made by Japanese courts and the Japan Patent Office (JPO).
Human Action as the Effect of Two Causes
Authors: Kohl Markus 
Published: June 2023

Abstract
This chapter examines the complications arising from Kant’s view that human actions can be regarded as effects of two different types of causes, namely, of empirical causes that are naturally determined and of noumenal causes that are free from natural determination. For Kant, we can legitimately regard the empirical causes that determine our spatiotemporal actions as causally dependent on our free noumenal causality. The chapter shows how this idea fits into Kant’s transcendental idealism and what cognitive status it has in light of the general interpretive framework developed in Chapter I. It further examines how Kant’s concession that our empirically determined actions are (in principle) predictable accords with his libertarian conception of human freedom. In this context, it emerges that and why Kant’s doctrine of freedom does not imply (contrary to what some commentators suggest) the fatalistic claim that our (empirical or noumenal) moral character is unalterably fixed.
Legislative Freedom and Kant’s Genealogical Anxiety
Authors: Kohl Markus 
Published: June 2023

Abstract
This chapter examines the first consideration supporting Kant’s stance that human freedom of will is incompatible with the causality of nature: if our will as practical reason were exclusively conditioned by natural causes, then our moral ideas and judgments would lack the lawful a priori (normative) necessity that is integral to our moral self-conception. The chapter reconstructs Kant’s arguments for this view and considers how these arguments relate to contemporary evolutionary debunking arguments. It also examines how Kant could respond to various objections, such as the claim that those who assess the validity of a judgment in terms of its origin commit the so-called genetic fallacy. The chapter draws on Nietzsche’s philosophy to illustrate why genetic considerations are highly relevant for determining the validity of our moral judgments.
Kant’s Free Thinker
Authors: Kohl Markus 
Published: June 2023

Abstract
This chapter argues that Kant’s conception of noumenal freedom or absolute spontaneity is not confined to the practical faculty of will but also applies to our theoretical intellect. Far from being thinking mechanisms, we exercise absolute freedom of thought and intellectual autonomy in cognitive actions such as, paradigmatically, empirical judgments about the natural world. The chapter shows that Kant’s account of epistemic freedom avoids doxastic voluntarism: transcendentally free cognitive actions do not stand under the immediate control of the will. Freedom of thought is a distinctive species of transcendental freedom that differs from freedom of will in various ways: most importantly, our free understanding lacks what Kant calls “true causality” since it produces only representations of objects rather than objects corresponding to our representations. By resolving various textual puzzles and seeming conflicts between the two editions of the first Critique, the chapter demonstrates that Kant did not (contrary to what some commentators suggest) abandon his view that we possess absolute freedom of thought in the late 1780s.
Rationality and Belief
Authors: Wedgwood Ralph 
Published: June 2023

Abstract
This book gives a general theory of rational belief. Although it can be read by itself, it is a sequel to the author’s previous book, The Value of Rationality (Oxford, 2017). It takes the general conception of rationality that was developed in that earlier book and combines it with an account of the varieties of belief, and of what it is for these beliefs to count as “correct”, to provide an account of what it is for beliefs to count as rational. According to this account, rationality comes in degrees: the degree to which a belief-system counts as rational is determined by its distance from a corresponding probability function—where this distance is measured by those beliefs’ “expected degree of incorrectness” according to the probability function; the account also explains what determines exactly which probability function plays this role in each case. In developing and defending this account, light is shed on several central epistemological issues. These issues include: the distinction between propositional and doxastic justification; the debates between internalism and externalism, and between foundationalism and coherentism; the relationship between credences, full belief, inference, and suspension of judgment; the kind of possibility that is presupposed by the relevant sort of probability; and whether rationality is “diachronic”—so that the beliefs that it is rational for us to have now depend, in part, on the beliefs that we held in the past.
Holistic Coherence with the Given
Authors: Wedgwood Ralph 
Published: June 2023

Abstract
Chapter 3 clarifies some structural features of the framework within which the account of rational belief will be developed. First, a broadly “holistic” view of rational belief is defended, according to which the fundamental items that are rational to some degree or other are entire belief-systems that the thinker might have at the time—rather than the beliefs or doxastic attitudes that the thinker might have in any individual proposition. Secondly, it is argued that, given our other assumptions, this kind of holism commits us to the view that rationality fundamentally consists in holistic coherence with the “given”. This view is defended against a number of objections. Finally, it is argued that we can make sense of coherence over time, as well as coherence at a time, and that this is all that we need to make sense of how we can evaluate mental processes or transitions, such as belief revisions (as well as mental states, such as beliefs and other attitudes).
Epistemic Necessity
Authors: Wedgwood Ralph 
Published: June 2023

Abstract
Chapter 11 is the first of three chapters devoted to investigating the principles that explain how the facts about the internal mental states that are “given” to the thinker at the time determine what the “rational probability” function is for each case that is available to the thinker at the time. Specifically, this chapter focuses on two features of this probability function: (a) the field of propositions and (b) the space of possible worlds that the probability function is defined over. To play the role that our account assigns to this rational probability function, the field of propositions must include all propositions that are built up out of concepts that the thinker possesses. The space of possible worlds must consist of all and only those worlds that are, in a sense that is explained, epistemically possible for the thinker in the case.
Synchronic Constraints
Authors: Wedgwood Ralph 
Published: June 2023

Abstract
Chapter 12 is the first of two chapters devoted to exploring the further constraints that must be met by all probability functions in the set that constitutes the opinions that the “evaluating angel” has about the world. Specifically, this chapter investigates whether there are further synchronic constraints on which probability functions are in this set—that is, constraints that are based on the mental states that are in the thinker’s mind at the very time in question—over and above the first two features of the probability functions that were explored in the previous chapter. Some reasons are given for doubting the idea of a special privileged Ur-prior probability function, of the sort that is appealed to in Timothy Williamson’s idea of “evidential probability”. It is tentatively suggested that these synchronic constraints include certain further principles, such as the so-called “Principal Principle”. However, it is argued in conclusion that these synchronic constraints are not enough: there must also be diachronic constraints on which probability functions are in the set that represents the opinions of the “evaluating angel”.
The Great Questions of Epistemology
Authors: Wedgwood Ralph 
Published: June 2023

Abstract
Chapter 14 is an epilogue—a sketch of how the author’s theory of rational belief can address the remaining great questions of epistemology. First, this theory can give an account of the significance of inference—including non-deductive inference as well as deductive inference; it can also explain how non-deductive inferences are defeasible—allowing for a version of the distinction between “rebutting” and “undercutting” defeaters. Secondly, the theory can give an account of the significance of beliefs—like perceptual beliefs—that endorse the contents of non-doxastic mental states like sensory experiences and episodic memories. Thirdly, the theory can be developed to explain what is wrong with the most challenging arguments for radical scepticism. Finally, the theory can be developed to give an analysis of knowledge—what has elsewhere been called the “internalist virtue theory of knowledge”.
From Princes to Paupers
Authors: Pert Thomas 
Published: June 2023

Abstract
This chapter provides an introduction to the Electorate of the Palatinate and its ruling dynasty and examines how they found themselves in the position of landless exiles and how the ‘Palatine Question’ became one of the most important issues of the entire Thirty Years’ War. After establishing the political significance of Elector Frederick V of the Palatinate both within and outside of the Holy Roman Empire, the chapter covers his part in the early stages of the Thirty Years’ War and the Bohemian Revolt, and how he became the exiled ‘Winter King’ with his wife and children forced to seek sanctuary at The Hague. The remainder of the chapter examines the first twelve years of the Palatine Family’s exile, looking at how they attempted to use diplomacy and their dynastic connections to obtain military, financial, and political backing from other European rulers for a restoration of Frederick’s lands and titles until his death in November 1632.
The Palatine Family
Authors: Pert Thomas 
Published: June 2023

Abstract
This chapter examines the broad policy objectives pursued by the exiled Palatine Family following the death of Elector Frederick V in November 1632, and identifies the key figures who directed the strategy of the dispossessed dynasty throughout the second half of the Thirty Years’ War. As numerous offers of restitution were rejected during the 1630s and 1640s, the chapter will evaluate the significance of financial and territorial considerations as well as less tangible factors such as prestige and public image which influenced the actions of dispossessed rulers in early modern Europe. This chapter also investigates the contributions of members of the Palatine Family themselves, counsellors who joined them in exile, as well as ‘foreign’ benefactors and advisers in devising the military and diplomatic ventures undertaken for the ‘Palatine Cause’. In particular, this chapter will assess the role played by Frederick’s widow, Elizabeth Stuart the ‘Winter Queen’ of Bohemia, and address the extent to which she and other widow-regents in the early modern Europe were able to engage in diplomacy and exercise political influence.
The Elector Palatine and the British Civil Wars, c.1642–1649
Authors: Pert Thomas 
Published: June 2023

Abstract
This chapter addresses the transnational nature of exile for exiled regimes and rulers in early modern Europe by examining the involvement of the Palatine Family during the British Civil Wars between 1642 and 1649. Charles Louis’s adherence to the English Parliament against his uncle and brothers, as well as his time spent in London between 1644 and 1649, will be studied within the wider context of Europe during the Thirty Years’ War. The chapter will demonstrate that Charles Louis’s actions and allegiance were determined by short-term developments in the conflicts on both sides of the English Channel and his need to promote his family’s cause at the Westphalian peace negotiations. In doing so, this chapter will also determine how the extent of support for the ‘Palatine Cause’ in England had changed by the mid-1640s, providing a valuable insight into the experiences of long-term exiled rulers and dynasties.
The Palatinate and the Westphalian Peace Negotiations
Authors: Pert Thomas 
Published: June 2023

Abstract
This chapter studies the involvement of the Palatine family during the negotiations resulting in the Peace of Westphalia which brought the Thirty Years’ War to an end in 1648. The chapter will identify the difficulties faced by Charles Louis’s representatives at the peace congress and assess the ways in which they sought to attract support for their master’s restoration. In addition to being an overview of the negotiations regarding the ‘Palatine Question’ and the bargaining positions of various powers, this chapter will address the problems faced by noble dynastic exiles in attempting to procure their restitution at the negotiating table. The final section of the chapter also provides an overview of the final peace terms and the reaction of the Palatine Family to the negotiations and articles which facilitated their partial restoration, as well as a reassessment of the traditional view of the Peace of Westphalia as a failure for the Palatine Family.
Happily Ever After?
Authors: Pert Thomas 
Published: June 2023

Abstract
This chapter examines the legacy of the Thirty Years’ War on the newly restored Palatine family. By investigating how Charles Louis attempted to rebuild his devastated and reduced territory, and how this led to conflict with his mother, siblings, and extended family over lands and money, the chapter will address how experiences of exile could be felt by restored regimes in early modern Europe long after restitution had been obtained. Although the ‘Palatine Question’ was largely solved by the Peace of Westphalia, this chapter demonstrates that several integral issues relating to ceremony and sovereignty persisted into the 1650s and beyond. The chapter will also investigate the importance of dynastic connections for exiled ruling houses by examining the role-reversal of the recently restored and newly exiled Palatine and Stuart dynasties, and the extent to which Charles Louis was willing and able to support his dispossessed cousins.
Contemporary Corruption-curbing Tools
Authors: Brock Gillian 
Published: June 2023

Abstract
This chapter examines some of the international law, policy, and initiatives that have been developed to take account of the empirical knowledge canvassed in Chapter 4. Pre-eminent among those tools is the United Nations Convention Against Corruption (UNCAC), the most comprehensive agreement that guides international and domestic anti-corruption efforts. It outlines a clear set of state obligations and provides important mechanisms for holding state parties to account for their performance with respect to the requirements of UNCAC. Another large real-world policy area that has been making significant corruption-curbing progress is that of Multi-stakeholder Initiatives. The chapter outlines the original prominent initiative, one that developed to take account of high levels of corruption in the lucrative extractive industries and another that covers the construction sector, another area often plagued by rampant corruption. The chapter analyses where the corruption risks lie. Once we understand the kinds of risks involved at each stage, we can appreciate why the Multi-stakeholder Initiative that operates in their respective sectors are credible mechanisms for controlling corruption. As a combination, Chapters 4 and 5 show that there are some impressive real world frameworks that we should support.
Justifying Private Law
Authors: Jiménez Felipe 
Published: June 2023

Abstract
Contemporary private law theory is centrally concerned with the justification of private law. This chapter probes what it means to offer such a justification and defends a particular conception of it. This conception attempts to overcome the limitations of both a too stringent formalist commitment to the internal conceptual architecture of private law and a too quick instrumentalist tendency to ignore the distinctiveness of private law. Under the conception articulated by the chapter, private law theory ought to assume the burden of justifying private law not just to private lawyers, but to reasonable people in general, while at the same time taking seriously the distinctiveness of private law reasoning as a characteristic set of practices, habits, and patterns of practical reasoning. This requires a serious engagement with the internal discourse of private law reasoning as the object that ought to be justified by private law theories. That justification, in turn, requires translating the technical conceptual discourse of private law into values and goods that can be recognized as such by ordinary people.
Two Standards of Repair
Authors: Encarnacion Erik 
Published: June 2023

Abstract
Compensatory damages are often understood through the lens of repair. Tort theorists differ about what the fundamental object of repair should be—for example, bodies, property, interpersonal relationships, normative relationships, or something else. But repair can also be distinguished by the applicable standard of repair governing it—that is, which of several reparative ideals should govern an object’s repair. Courts typically presuppose a restorative standard, which seeks to undo destructive forces as though they never happened. But this chapter argues that an overlooked standard—that is, resilient repair—appears in ordinary thinking about how to appropriately respond to setbacks. Roughly, this ideal encourages repair that makes its object in some meaningful way better than before a given setback, without seeking to erase all evidence of past injuries. After explaining the ideal and its normative underpinnings, this chapter offers resilient repair as an evaluative resource to help us rethink compensatory damages. To illustrate the ideal’s utility, this chapter argues that resilient repair allows us to reinterpret hedonic damages in the face of otherwise withering criticisms, including the objection that hedonic damages denigrate disabled persons. Although more might be said for and against understanding tort law through the lens of resilient repair, this chapter aims to generate interest in an ideal of resilience for evaluating private law.
Understanding the Complex Loyalty of Lawyers
Authors: Wendel W. Bradley 
Published: June 2023

Abstract
Lawyers understand themselves as having strong client-centered duties, often summarized as “zealous advocacy.” These duties flow from the highly fiduciary relationship between lawyers and clients and include loyalty, competence, and keeping client secrets. But lawyers also have responsibilities to maintain the integrity of the legal system, not just in litigation but in transactional and counseling clients as well. How to account for these duties is a puzzle for fiduciary theory. This chapter considers three models that have been proposed for complex fiduciary duties—dual mandates, governance mandates, and internally limited duties. It contends that the model of internally limited duties best accounts for the obligation not to pursue objectives on behalf of a client that are not adequately supported by the client’s lawful powers. Lawyers do not have a conflict of interest when taking account of the interests of others. Rather, these interests are built into the limits of the client’s own legal authorization to engage in a course of conduct.
Social Movements as Actors and Systems
Authors: Rucht Dieter 
Published: June 2023

Abstract
The common assumption that a social movement is a goal-oriented actor is relativized. In any major protest activity, all types of social action identified by Habermas can be found. Occasionally, a movement operates as a unified actor. At other times, only some components of a movement are active. In these situations, we can refer to the movement as an action system based on a directional collective identity. Related to this, we should not a priori classify a social movement as a social system or a unified actor. Movements have different functions: their activities are processes of communication in which, both internally and externally, power plays an important role.
How to Pool Risks Across Generations
Authors: Otsuka Michael 
Published: June 2023

Abstract
How to Pool Risks across Generations makes the case for the collective provision of pensions, on fair terms of social cooperation. Through the insurance of a mutual association which extends across society and over multiple generations, we share one another’s fates by pooling risks across both space and time. Resources are transferred, not simply between different people, but also within the possible future lives of each person: from one’s more fortunate to one’s less fortunate future selves. The book opens with an investigation of the longevity and investment risk that even a single individual on a desert island would face in providing for her old age. From this atomistic starting point, it builds up, within and across the chapters, to increasingly collective forms of pension provision. By joining together, it is possible to tame the risks we would face as individuals, each with our own private pension pot. A collective pension can be justified as a ‘social union of social unions’: an enduring corporate body, which is formed by agreements to pool risks, in a manner that involves reciprocity between the various individuals who constitute the collective. Even though all individuals age and die, a collective pension scheme remains evergreen, as the average age of members remains relatively unchanged, through the influx of new members to replace those who retire. It is therefore possible to smooth risks indefinitely across as well as within generations, to the mutual advantage of each.