bluuebunny/crossref_metadata_2025_split huggingface dataset:
How Does Precedent Constrain?
Authors: Horty John 
Published: April 2023

Abstract
This chapter contains a simple presentation of the reason model of precedential constraint, according to which what matters about a precedent case is the earlier court’s assessment of the relative strength of the conflicting reasons it presents. This assessment is represented here as a priority ordering on reasons; later courts are then required to reach decisions that are consistent with this priority ordering. From the perspective of the reason model, a familiar problem concerning common law constraint is considered—that, if distinguishing is allowed, then real constraint is impossible, since later cases will always present new features on the basis of which they can be distinguished.
Presumptive Reasons and Stare Decisis
Authors: Marmor Andrei 
Published: April 2023

Abstract
Our practical reasoning often relies on defeasible generalizations; reasons for action that normally apply may have exceptions, they may not apply in this case, or even if they do, they may be defeated by conflicting reasons. Generally, however, people should not be expected to explain why a reason for action that would normally apply to them is defeated in a particular instance. My purpose in this chapter is to explicate one type of case in which an expectation to explain one’s failure to comply with a reason for action is justified, and demonstrate its bearing on the practical reasoning that underlies the legal doctrine of stare decisis in horizontal (non-binding) precedents in common law. I call them presumptive reasons. A presumptive reason is in place when an expectation is initially warranted that the subject either comply with a reason for action that would generally apply, or else explain why not. The first section shows that this burden of explanation is ubiquitous in our practical reasoning, and explains the rationale of it. The second section employs the idea of presumptive reasons to explain the structure of practical reasoning in horizontal, that is, non-binding precedents, showing that even where there is no legal obligation to follow a precedent, there is a legal obligation to explain why the reasons for following it are defeated in this case.
Realism About Precedent
Authors: Leiter Brian 
Published: April 2023

Abstract
In jurisdictions with a doctrine of precedent, later courts are bound only by those earlier decisions which are ‘on point’ or ‘the same in relevant respects’ to the case currently before the court. Since cases are never identical in all particulars, this always requires figuring out which general categories that subsume the particulars of different cases are the relevant ones (‘relevant similarity’). Relevant similarity is typically assessed in the light of either the reasons the earlier court actually gave for the decision or the reasons that can be imputed to the earlier court based on the legal decision that court reached. Realists about precedent—from Karl Llewellyn to Julius Stone to this author—are sceptical that precedent really binds courts, but not because they believe judges improperly disregard binding precedents. The realist worry, rather, is that judges can often properly distinguish precedents that might impede the decision they want to reach on moral or political grounds. They can do so precisely because judgments of ‘relevant similarity’ that are central to distinguishing are largely unconstrained by law. First, such judgments depend on inchoate and sometimes unconscious norms that govern general classifications of particulars, about which reasonable people can and do differ, and about which the law is mostly silent. Secondly, given the range of permissible characterizations of the earlier court’s reasons in many instances, the requirement that the judgment of relevant similarity or difference be consistent with those reasons imposes only a limited constraint on the general classification employed.
Reasons Holism and the Shared View of Precedent
Authors: Spaak Torben 
Published: April 2023

Abstract
Although the common law model of precedent and the civil law model of precedent differ in certain respects, they are also similar in important ways. The question discussed in this chapter is whether the common core of these models, which is here called the shared view, can be squared with a theory called reasons holism. It is argued (1) that if the usual reasons for following precedent are genuine, then any of these reasons may favour following precedent in some situations, but may favour not following precedent in others, and that this would threaten the shared view. It is, however, also argued (2) that we may coherently conceive of these reasons as merely conventional reasons, and that therefore the shared view will not be threatened. Moreover, it is argued (3) that if ordinary legal reasons are genuine, the ratio decidendi of a precedent cannot be conceived as a genuine general legal norm, following precedent can therefore not be understood as action in accordance with such a norm, and that no alternative analysis of the ratio in terms of legal rules of thumb, or supervenience likeness, could be successful. Finally, it is argued (4) that the theory of reasons holism turns out to be rather problematic, and (5) that even if it were not, exclusive legal positivists could still defend the shared view, on the grounds that legal reasons at all levels are merely conventional reasons.
Distributing Corrective Justice
Authors: Stone Rebecca 
Published: April 2023

Abstract
Gardner observes that certain “problems of distributive justice … come into being only because the law of torts exists.” First, there is the question whether the institutionalization of corrective justice has been done justly. Thus, the question whether the law should give tort-law recognition to a type of wrong is a question of distributive justice. Second, corrective justice makes it the case that the parties to a tort suit may face a question of distributive justice between themselves. The defendant’s wrong is something that, by virtue of corrective justice, ought to be righted. But the law’s determination about how losses arising from the wrong are to be shared may be shaped by distributive considerations. Chapter 7 argues that these observations do not support Gardner’s idea that “corrective justice in tort law enjoys some kind of explanatory priority.” If substantive rather than formal equality is the foundational value, then considerations of substantive equality ought to govern both the distribution of entitlements and the law’s response to infringements of those entitlements. The result is that the value of substantive equality will have normative priority that makes it challenging to view tort litigation as doing corrective justice except when the background conditions of the polity are close to the ideal.
The Place of Regret in the Law of Torts
Authors: Sinel Zoë 
Published: April 2023

Abstract
In Gardner’s account of the problem of reparation for wrongs, the justification for tort law’s reparative obligations lies in grasping a connection between secondary duties of repair and primary duties not to commit a wrong in the first place. According to his “continuity thesis,” “the secondary obligation is the rational echo of the primary obligation, for it exists to serve, so far as may still be done, the reasons for the primary obligation that was not performed when its performance was due.” Between the first-best solution of performing one’s primary obligation and the second-best solution of performing an obligation of reparation, a gap exists, a space occupied by the actor’s feelings of regret. Chapter 12 suggests that Gardner’s focus on regret’s relevance reveals a profound problem with the continuity thesis’ applicability in tort law. Regret, properly understood, is an emotion that is keyed to situations of conflicting imperfect duties—that is, duties that require further moral reasoning and judgment to determine the action they make mandatory. In these cases, I cannot satisfy all of the imperfect duties that apply to me, but this does not mean that these duties are rendered normatively inert. Crucially, however, these situations of conflict do not arise in the private law circumstances to which Gardner applied the continuity thesis’ logic. They arise only in an extra-legal, moral sphere. Thus, while Gardner is right about the structure of moral obligations, the chapter argues that this structure does not apply to the legal obligations of tort law.
Private Law Rights and Powers of Waiver
Authors: Psarras Haris 
Published: April 2023

Abstract
An established view in legal philosophy has it that private law rights are waivable—that is, that right-holders are free to give them up. Chapter 15 argues that not all private law rights are waivable and that waivability operates differently in different types of private law rights. The argument uses as a springboard Gardner’s tripartite classification of private law rights. This classification has been first launched to support an analysis of the place of corrective justice in private law and to explicate the extensive discretion of the plaintiff in civil litigation. As this chapter claims, Gardner’s tripartite classification can also serve as a basis for a theory on the waivability of private law rights. The chapter also argues that the conceptualization of different types of private law rights as clusters of claim-rights and powers or other entitlements supports an argument in favor of the waivability of substantive rights, and the unwaivability or limited waivability of two different types of remedial rights.
Approaching Land Warfare in the Twenty-first Century
Authors: Nilsson Niklas , Weissmann Mikael 
Published: April 2023

Abstract
This chapter provides a broad introduction to the volume, outlining key questions and trends that provide the overarching impetus for the volume’s focus on the contemporary and future challenges facing land forces and land operations. First, the chapter provides a brief account of the modern development of land warfare. Second, it outlines key current and future challenges defining the operational environment. Third, the chapter addresses perspectives on the future character of war and the transformation of the battlefield. Finally, it outlines the structure of the volume and introduces the individual chapters.
The Future of Manoeuvre Warfare
Authors: Tuck Christopher 
Published: April 2023

Abstract
This chapter assesses the future relevance of manoeuvre warfare, a key philosophical and doctrinal concept in the debate on the effective conduct of land operations. It argues that the relevance of manoeuvre warfare is likely to be assured, although this relevance cannot be assumed to be coterminous with effectiveness. Despite its prominence, manoeuvre warfare is a contested idea. This chapter explores contending views on its future: that manoeuvre warfare might be of continued relevance, because it is context agnostic; that manoeuvre warfare might be of greatly increased relevance because of developments in the character of conflict and the emergence of concepts such as Multi-Domain Operations (MDO); or that manoeuvre warfare might be largely irrelevant to the reality of future operations, its survival saying more about military norms, values, and perceptions.
Emerging Technologies
Authors: Watling Jack 
Published: April 2023

Abstract
Narratives surrounding the future of warfare often revolve around the transformative effects of technology on the battlefield but fail to properly account for the frictions involved in employing sophisticated military systems. This chapter examines several technologies likely to be significant on the future battlefield—autonomous systems, layered precision fires, high fidelity sensors, and artificial intelligence—and tries to map how they will shape fighting by exploring the opportunities they create and the limitations they impose. Critically, the chapter argues that these capabilities must be assessed in the context of a system that can field and sustain them, rather than in isolation.
Interoperability Challenges in an Era of Systemic Competition
Authors: Curtis Andrew 
Published: April 2023

Abstract
In the current era of systemic competition, interoperability will be as important as it has ever been, even though most academic scrutiny fails to consider its benefits and most practitioners fail to recognize it as a means to an end. Intra-NATO interoperability atrophied after the Cold War, with member nations modernizing their militaries at a pace and complexity to suit their own policies and budgets. However, in the last decade, the global strategic environment has undergone a considerable change and today’s multipolar world is far more competitive. Interoperability has returned to prominence, but re-embracing it will be problematic. The lack of a single, pan-NATO unifying concept means there is no common approach around which future interoperability efforts can coalesce, and behavioural differences among NATO allies is becoming more prevalent, especially as some nations aggressively press ahead with the exploitation of new technologies whilst others follow more cautiously behind.
Caught between a Rock and a Hard Place
Authors: Schmitt Olivier , Tenenbaum Elie 
Published: April 2023

Abstract
The army has been at the centre of the transformation of the French armed forces since the end of the Cold War. The key organizational challenge for the French Army has been to integrate and digest the consequences of professionalization, adopting a ‘joint’ information technology architecture and defining its own distinct service footprint in the shape of an expeditionary warfighting capacity. After three decades of expeditionary warfare, the French Army is once again evolving and pivoting toward high-intensity warfare, a new organizational challenge impacting doctrine, procurement, training, and the relationship with key allies. The new strategic environment—rendered even more obvious by the war in Ukraine—is already apparent in evolving tactics, doctrine, and capability development. This transformation, however, will take time as it challenges both the operational experience and the cultural heritage of a French Army that finds itself, more than ever, at the crossroads for defining its future role in the strategic landscape.
Prague and a New Czech Republic 1921–1922
Authors: McCulloch Margery Palmer 
Published: April 2023

Abstract
1921–1922. The pair move abroad with a contract from The Freeman, an American journal, to write about Europe after the war. Living is cheap and they go to Prague in the first years of the new Czech Republic. They enjoy the experience but are aware of social and political tensions. They meet and make friends with Karel and Josef Čapek. Edwin Muir, ‘Impressions of Prague’.
North and South 1923–1924
Authors: McCulloch Margery Palmer 
Published: April 2023

Abstract
1923–1924. Edwin gains confidence in the poetry he is writing, but Neill’s International School is struggling, and the Muirs move to Italy, where John Holms has rented a house. The sojourn is not a success, so they move north to Salzburg, which Edwin had visited with his friend F. G. Scott to write about the music festival that year. Encounters with Austrian anti-Semitism lead them to move to Dresden, which has a more liberal air, although the Muirs do not warm to the bohemian night life. When The Freeman folds in the United States, the couple join A. S. Neill again, whose International School is now at Sonntagberg in Austria. The experiment is short-lived, however, and Neill abandons his plans in the face of local suspicion and conservative prejudice. Neill takes the project to England. Wanting to see Scotland again, the Muirs also return, aiming to stay with Willa’s mother in Montrose.
Fête du Citron 1924–1926
Authors: McCulloch Margery Palmer 
Published: April 2023

Abstract
1924–1926.The Muirs meet old friends in London, and make contact with C. M. Grieve (‘Hugh MacDiarmid’) and his wife Peggy in Montrose. The poets respect each other and Edwin admires MacDiarmid’s achievement, but the families have little in common. Willa starts to translate Gerhard Hauptman and plans an essay on women—Women: An Inquiry (1925). Edwin’s reviews and essays are collected as Transition (1926). They find living in Montrose disappointing, and visit friends in the south when they can. Willa suffers a miscarriage in December 1925, and they depart for St Tropez in France. Edwin plans a novel, published as The Marionette (1927), and Willa plans one based on her memories of Montrose. She has a contract to translate Lion Feuchtwanger’s Jew Süss, which will be a big success. Willa feels their time in the south of France is spoiled by the arrival of John Holms, who dominates her husband’s attention. The couple move to Menton, but John Holms is an important person in Edwin’s life, despite Willa’s reservations. He was a charismatic and gifted talker who impressed almost everyone he met, including the millionairess Peggy Guggenheim, who will take him as a lover. The Muirs’ sojourn in France comes to an end when Willa finds she is pregnant and they return to Britain.
Scottish Journeys 1933–1935
Authors: McCulloch Margery Palmer 
Published: April 2023

Abstract
1933–1935. Variations on a Time Theme appears in 1934. The poet is saddened by the news that John Holms has died during a minor operation. Edwin is the Spectator’s correspondent on Scottish culture, while writing for more than five other periodicals, including the start-up European Quarterly with Janko Lavrin. Edwin and Willa attend a P.E.N. conference in Edinburgh before taking a holiday in Orkney. They are thinking of moving back to Scotland. Edwin contracts to write Scottish Journey, to join previous accounts of England and Europe as part of a series for Heinemann and Gollancz. He borrows a car and sets off on what will prove to be a cultural and psychological exploration of the state of the country. As a socialist with no time for the icons of romantic nationhood, Edwin’s conclusion is grim. Published in 1935, it is a revealing picture of economic and social decline, with the exception, perhaps, of Orkney. The chapter discusses earlier studies in Scottish identity and society, George Malcolm Thomson’s Caledonia, or The Future of the Scots (1927) and Andrew Dewar Gibb’s Scotland in Eclipse (1930). Unlike Edwin’s study, these works are conservative, anti-Catholic, and significantly tainted by the racism of anti-Irish prejudice.
Translating for a Living
Authors: McCulloch Margery Palmer 
Published: April 2023

Abstract
This chapter discusses in detail the economic and intellectual challenges of the Muirs’ work in translating many different texts from German literature. They are best known for their versions of Hauptmann, Feuchtwanger, Kafka, Carossa, and Broch. Willa’s linguistic skills are seen to be fundamental to the project, and she seems to have been the sole translator of several of the Hans Carossa texts—under the name ‘Agnes Neill Scott’. She is the lead translator of Hermann Broch, and her correspondence with Broch is featured. Nevertheless, reviewers have tended to underestimate Willa’s contribution, by giving prominence to Edwin’s name. The difficulty of translating Kafka from original, often unpublished texts already edited by Max Brod, is discussed, along with a critical reassessment, most notably by Mark Harmon, of the Muirs’ versions compared to those by more contemporary scholars.
Newbattle Abbey 1950–1955
Authors: McCulloch Margery Palmer 
Published: April 2023

Abstract
1950–1955. Newbattle Abbey, a grand house and estate, was gifted to the nation as a ‘second chance’ college, without formal exams, for men and women who missed the usual route to education. Edwin settles in well and organizes a Collected Poems 1921–1951 for Faber and Faber (1952). He starts work on an extended version of his autobiography (1954) and continues with the poems that will appear as One Foot in Eden (1956). Left to herself, Willa starts a novel based on 1940s Prague to be called ‘The Usurpers’, but it is rejected by three publishers. Her spirits are low and she begins a journal of their daily life at Newbattle. There are problems with Gavin, now graduated from St Andrews and living with them. Seemingly unable to find a job and suffering from incipient deafness, he is moody and determined to pass a performance diploma from the Royal Academy of Music, despite repeated failures to do so. Edwin is keen to sustain a residential focus on the liberal arts, but the college’s executive committee, and pressure from the trade unions, prefer a curriculum more suited to weekly courses for workers on release. These tensions are exacerbated by Willa’s suddenly urgent need for further surgical procedures. Edwin experiences chest pains, and a traffic accident in Edinburgh suggests a problem with his heart. When Edwin is invited to be the next Charles Norton Professor of Poetry at Harvard (1955–56), the Muirs gladly decide to sail for the United States.
Last Years 1963–1970
Authors: McCulloch Margery Palmer 
Published: April 2023

Abstract
1963–1970. Willa’s study Living with Ballads is published in 1965. An idiosyncratic approach to the topic, it is generally well reviewed. Gavin’s career is as erratic as ever, and he is still trying to pass the exam to become a Licentiate of the Royal Academy of Music. Willa keeps in touch with old students from Newbattle days, glad to hear of the success of Archie Hind, Tom Scott, and George Mackay Brown. Motivated by Peter Butter’s book on Edwin, she undertakes to write a more personal account of her life with Edwin. It is a struggle, but Belonging is published to good reviews in 1968. Gavin’s marriage is in difficulties, but he and Dorothy reconcile and move to Edinburgh. Increasingly incapacitated by arthritis in her hips and hands, Willa now needs proper support. Her sojourns at a retirement home and then a nursing home are less than satisfactory, and promised care with a friend in St Andrews is a short-lived failure. Edwin’s niece gladly invites her to stay with her and her newly retired husband in Dunoon, and it is there, quite unexpectedly and peacefully, that Willa dies on 22 May 1970. Some of her obituaries recognize her work as a translator and author, and all recognize the creative and practical support she gave to her husband.
Technology and Trade
Authors: Acharyya Rajat 
Published: April 2023

Abstract
In his doctrine of absolute advantage, Adam Smith emphasized upon cross-country differences in technology as the basis of trade between nations. Ricardo offered a more general explanation for trade in his doctrine of comparative cost advantage. More important, however, was his construction that all trading nations gain mutually through trade according to their respective comparative advantages, unless nations have very asymmetric sizes. This chapter presents these arguments in terms of what is known as the Ricardian model. Following Ricardo, it is shown that under constant opportunity costs the gains from trade for the trading nations are contingent upon each country completely specializing after trade in the good in which it has comparative advantage. Such a complete specialization equilibrium, on the other hand, depends on the relative sizes of the countries, or relative sizes of their workforces. Generalization of the basic 2x2 Ricardian model to many countries and many goods are also discussed. While Smith and Ricardo talked about technology determining the basis and pattern of trade between countries, there can also be a reverse causality between technology and the international trade. International trade may influence innovation choices at the firm level and push the barriers of technology. This chapter also focuses on this reverse causality.