bluuebunny/crossref_metadata_2025_split huggingface dataset:
Fragmentation of Attribution in International Law
Authors: Kajtár Gábor 
Published: December 2022

Abstract
This chapter examines the practice of international courts and tribunals and contends that adjudicators, consciously or unconsciously, use the notion of attribution in a narrow and in a broad sense, without however properly distinguishing between nuanced attribution standards. Attribution tests in the narrow sense are drawn from the International Law Commission (ILC) Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) and are applied in the context of establishing the international responsibility of states. Whereas broad sense attribution concepts serve a variety of other legal purposes. This phenomenon will be termed as the fragmentation of attribution. The chapter will map various attribution concepts used in the field of jus ad bellum, jus in bello, and international investment law. It concludes by raising awareness about the doctrinal inconsistencies that arise from the judicial use of different attribution tests in an interchangeable way and about a corresponding need for doctrinal scrutiny and methodological consistency in dealing with secondary rules of international law.
Multiple Generality in Scholastic Logic
Authors: Schuman Boaz Faraday 
Published: December 2022

AbstractMultiple generality has long been known to cause confusion. For example, “Everyone has a donkey that is running” has two readings: either (i) there is a donkey, owned by everyone, and it is running; or (ii) everyone owns some donkey or other, and all such donkeys run. Medieval logicians were acutely aware of such ambiguities, and the logical problems they pose, and sought to sort them out. One of the most ambitious undertakings in this regard is a pair of massive diagrams (magnae figurae) which map out the logical interrelations of two sets of doubly-general forms. These appear in a fourteenth-century MS of John Buridan’s Summulae de Propositionibus. In this paper, I present these diagrams, and determine the truth conditions of their different forms. To that end, I have developed a bespoke system of diagrams to display their truth conditions. As we will see, such forms present significant difficulties for an all-encompassing account of the role form plays in logic. Accordingly, they can tell us important things about the role logical form plays in Buridan’s account of logical foundations.
A Dance with the Rebel Angels
Authors: Schierbaum Sonja 
Published: December 2022

AbstractIn this new book, Tobias Hoffmann offers a compact overview of the free will debate and some of its most important developments from 1220 to 1320. The choice of this period is justified by the fact that medieval authors in this period developed new theories on the basis of the reception of Aristotle’s works in psychology and action theory. Hoffmann speaks of a “psychological turn” that consists in the fact that the discussion moved from a narrow, theologically motivated discussion of free will as a requirement of moral responsibility implied by the Christian notion of sin to a more philosophically driven debate: Against the backdrop of Aristotelian psychology and theory of action, philosophers started to systematically reflect upon the psychological parameters and general conditions of free will. What distinguishes this book from other works on medieval debates over free will is that it relates the general issue of free will (and the relation to moral responsibility as its prerequisite) to the more specific and less widely discussed aspect of the problem of angelic sin.
Women Philosophers in Nineteenth-Century Britain
Authors: Stone Alison 
Published: December 2022

Abstract
Many women wrote philosophy in nineteenth-century Britain, and they wrote across the full range of philosophical topics. Yet these important women thinkers have been left out of the philosophical canon and many of them are barely known today. This book puts them back on the map. The book introduces twelve women philosophers: Mary Shepherd, Harriet Martineau, Ada Lovelace, George Eliot, Frances Power Cobbe, Helena Blavatsky, Julia Wedgwood, Victoria Welby, Arabella Buckley, Annie Besant, Vernon Lee, and Constance Naden. The book examines their views on naturalism, philosophy of mind, the meaning of evolution, morality and religion, and progress in history. The book shows how these women interacted and developed their philosophical views in conversation with one another, not only with their male contemporaries. The rich print and periodical culture enabled these women to publish philosophy in forms accessible to a general readership, despite the restrictions women faced, such as having limited or no access to university education. The book explains how these women became excluded from the history of philosophy because, at the end of the nineteenth century, there was a change towards specialized forms of philosophical writing which depended on academic credentials that were still largely unavailable to women.
Introduction
Authors: Stone Alison 
Published: December 2022

Abstract
The Introduction explains that the book is about twelve nineteenth-century women philosophers who wrote in the British context: Mary Shepherd, Harriet Martineau, Ada Lovelace, George Eliot, Frances Power Cobbe, Helena Blavatsky, Julia Wedgwood, Victoria Welby, Arabella Buckley, Annie Besant, Vernon Lee, and Constance Naden. Drawing on feminist views of the history of philosophy as a conversation, the chapter explains the author’s methodology and approach for reconstructing the intellectual conversations amongst these women, which is to use published and unpublished correspondence, historical, biographical, and autobiographical evidence, and textual analysis. The Introduction then outlines the book chapters, which cover: the social context and print culture in which these women published; naturalism; philosophy of mind; the meaning of evolution; religion and morality; and progress in history. Finally, the Introduction clarifies some initial features of these women’s social and historical context.
Naturalism
Authors: Stone Alison 
Published: December 2022

Abstract
This chapter reconstructs where Mary Shepherd, Harriet Martineau, Frances Power Cobbe, and Victoria Welby stood on naturalism versus anti-naturalism, a central fault-line in nineteenth-century British thought. The chapter shows that women contributed significantly to discussion of naturalism right across the nineteenth century. The chapter first argues that Shepherd’s analysis of causation in the 1820s was anti-naturalist, because for Shepherd we know the causal principle by reason and it grounds our experience of an intelligible world. Then the chapter looks at Martineau’s early philosophical position of the 1820s, which is classified as ‘moralist necessarianism’. The position contained an unstable mix of naturalist (empiricist, inductivist, and scientific) and anti-naturalist (religious and moralist) elements. Martineau resolved the tension in the 1850s by adopting a thoroughgoing form of naturalism, espousing materialism, hard determinism, and philosophical atheism. However, Cobbe argued in the 1850s that naturalism could not adequately account for moral requirements or causality in nature. In the 1880s and 1890s Welby continued the critique of naturalism by arguing that if we insist on sticking to observed facts then we cannot account for the broader background of meaning and significance that motivates scientific inquiry.
Philosophy of Mind
Authors: Stone Alison 
Published: December 2022

Abstract
This chapter examines the philosophies of mind of Ada Lovelace in the 1840s, Frances Power Cobbe in the 1860s–1870s, Constance Naden in the 1880s, and Helena Blavatsky and Annie Besant in the late 1880s. Lovelace addressed the mind in connection with artificial intelligence and mesmerism, and she was torn between dualism and materialism. Cobbe put forward an account of unconscious thought, and on that basis she differentiated the conscious soul from the unconsciously thinking brain. She argued that the soul could survive the death of the brain and body. In contrast, Naden put forward a materialist account of the mind as part of her distinctive philosophical standpoint, hylo-idealism. In contrast again, the theosophists Blavatsky and Besant endorsed a form of panpsychism. They argued that there is an explanatory gap between objective brain processes and subjective experience, a gap that only theosophical panpsychism can bridge. The chapter looks at these positions in turn and explains how each arose out of limitations and tensions in the ones preceding it. The philosophy of mind of William Benjamin Carpenter is also introduced, because he provides a vital link between Lovelace’s interest in automatic thought and Cobbe’s conception of mental automatism.
The Meaning of Evolution
Authors: Stone Alison 
Published: December 2022

Abstract
This chapter looks at the opposed views of Julia Wedgwood, Frances Power Cobbe, and Arabella Buckley on the metaphysical, moral, and religious implications of Darwin’s theory of evolution. In the early 1860s Wedgwood argued that Darwin’s theory was compatible with Christian religion and morality. But after Darwin argued in The Descent of Man that all aspects of human beings, including our moral sentiments and judgements, are natural and evolved, Cobbe concluded that Darwinism fatally undermined religion and morality because it left no room for a transcendent moral law. Buckley counter-argued that Darwin’s position in Descent was still compatible with both religious belief and a pure morality of duty. For Wedgwood and Buckley, evolutionary theory cohered with religion and morality and so should be accepted, whereas for Cobbe it did not and so could be accepted only as an account of nature but not of ethics. This chapter locates these views within broader debates about evolutionary ethics and charts the later developments in Buckley’s and Wedgwood’s thinking on this issue.
Religion and Morality
Authors: Stone Alison 
Published: December 2022

Abstract
This chapter looks at the views of Harriet Martineau, George Eliot, Frances Power Cobbe, Vernon Lee, and Annie Besant on the relation between morality and religion, which was a pivotal issue for many nineteenth-century women philosophers. For Cobbe, morality necessarily depended on religion, and Christianity in particular. The other four women thought that Christianity had lost credibility and that morality must now be put on a new non-religious basis. They found this basis in various locations: the impartial ‘exterior point of view’, for Martineau in the 1850s; the expanded sympathies made possible by artistic literature, for Eliot from the 1850s onwards; an honest, responsible attitude towards the conditions of collective human life, for Lee in the 1880s; and empirical science, for the secularist Besant from 1874 to 1889. The chapter locates Martineau, Eliot, Lee, and Besant among the varieties of agnosticism, atheism, and secularism at the time, evaluates these women’s respective positions on religion and morality, and considers some problems as well as positive features of Cobbe’s theism.
Progress in History
Authors: Stone Alison 
Published: December 2022

Abstract
This chapter is on the accounts of progress in history developed by Harriet Martineau in the 1840s, Frances Power Cobbe in the 1860s, and Julia Wedgwood and Helena Blavatsky in the 1880s. Their accounts shared three key features: they believed in a world-historical progression culminating in modern Europe; they thought this progression had occurred through a sequence of stages of civilization tied to different world religions and belief systems; and broadly they held that the sequence had run from ancient East to modern West. However, they differed on whether the progression was culminating in secularism (Martineau), Christianity (Cobbe), the synthesis of secular science and Christianity (Wedgwood), or the recovery of ancient spiritual wisdom in theosophy (Blavatsky). They also included different world religions in different orders, and they differed on how far the historical movement was one of advancement. Blavatsky qualified this most heavily. These women’s historical narratives were entangled with questionable assumptions about Eurocentrism and colonialism. However, the chapter suggests that these narratives did not only rationalize European colonialism but also opened up possibilities for questioning it.
The Difference-View
Authors: Višak Tatjana 
Published: December 2022

Abstract
Chapter 2 discusses various authors who have defended the view that welfare subjects have different capacities for welfare, based on different cognitive or emotional capacities (DIF). Kagan defends DIF based on an objective list account of welfare. Singer’s defence of DIF was (formerly) based on whole-life preferentialism. Mill distinguished between higher and lower pleasures. McMahan introduces the notion of ‘fortune’. Wong distinguishes ‘experiential’ and ‘absolute’ welfare and defends differences in hedonic capacities. Budolfson and Spears relate welfare capacity to the number of brain neurons and thus cognitive capacity. I point out serious shortcomings of each of these defences of DIF.
Overview
Authors: Steytler Nico , Fombad Charles M 
Published: December 2022

Abstract
This book underlines a cardinal fact that there can be little prospect of entrenching a culture of constitutionalism and respect for the rule of law when millions of Africans lack the basic necessities of life. At the end of the 1980s, with the populace taking to the streets and without the backing of superpowers, one-party states reluctantly made way for multiparty democracy, an event which was also linked to the shift from command to market economies. This included protecting private property in bills of rights and attempting to reduce the state’s role in the economy. What has happened on this score in the past thirty years, and what does it betoken for the future? Answering this in turn raises questions about the nature of the economy and the state, the relationship between them, and the nature of the global economic order in which they operate. Given that constitutions are an element in this mix, how is the relationship between the state and economy structured or managed through a constitution? Put differently, to what extent, if at all, do constitutions influence the nature of economies? The volume contains a number of comparative chapters on the state control of non-renewable natural resources, land, and the WTO as well as case studies, including of South Africa, Kenya, Zimbabwe, Sudan, South Sudan, Mozambique, Namibia, Egypt, and Ethiopia.
Constitutional Law and the Economy
Authors: Ollick Stephan FH 
Published: December 2022

Abstract
Constitutions are political and economic documents. Although the economic order can in principle be shaped dynamically as a matter of policy, many modern legal orders elevate economic principles to constitutional rank. The resulting provisions come in a variety of guises, ranging from formal commitments and distinctly labelled systems to discreet presuppositions that motivate and protect desired forms of productive activity. The legal systems of France, Germany, the United Kingdom, and the United States each enshrine key tenets of economic liberalism in their fundamental laws by regulating levels of state intervention, preserving economic unity, balancing public and private ownership, and giving privileged protection to select individual and collective rights. Idiosyncrasies and differences in emphasis reflect the historical trajectories of the four orders. Among the European states, convergence has been perpetuated by the European Union’s involvement in economic and monetary policy. However, they differ in the limits they impose on later policy-making, thus increasing the political cost of changes in approach. While the constitutional enshrinement of economic tenets may attest to a firm belief in their validity and endurance, the questionable significance of this practice for economic growth must be weighed against the costs of potentially limiting the range of responses to new challenges in an ever-changing world.
Protecting the Land, Protecting the Resources
Authors: Hursh John 
Published: December 2022

Abstract
Few regions in Africa are as resource rich and as conflict prone as East Africa. Within this region, several states face alarming rates of corruption, as well as correspondingly low levels of transparency and checks on executive power. Historically, East African states have seen repressive governance, an over-concentration of executive authority, and the rampant misuse of natural resource wealth. This unfortunate combination has led to great personal enrichment for a few, but widespread poverty and a lack of economic opportunity for the majority living in these states. This chapter examines constitutional reform efforts to protect land and natural resources, particularly as these protections relate to economic development. It does so by offering a comparative assessment of how the constitutions of Kenya, Sudan, and South Sudan safeguard land and natural resources for the citizens of these states. These states allow for a useful comparison of three distinct legal traditions within an important region of Africa. Moreover, as each constitution emerged from violent armed conflict, analysing each contributes to the growing study of constitutional reform in post-conflict settings.
Custodial Resource Holding as an Expression of Constitutional and Economic Intent in Africa
Authors: Mostert Hanri 
Published: December 2022

Abstract
This chapter scrutinizes how accountability for mineral resource exploitation is envisioned and managed in the constitutions of African countries. In resource-dependent states, economic policies and constitutional commitments to transformation and social justice combine to constitute a state’s resource-holding model. Expressed in its legal framework, a state’s resource-holding model will require particular types of governance responses to give effect to the ideologies underlying its economic choices. This chapter undertakes a broad survey of the language of resource sovereignty and resource governance, as expressed in the constitutions and legal frameworks of sub-Saharan African states. By enhancing observable trends with highlights of the political history of selected countries, the chapter reveals a tendency for post-independence states to career between market-economy and command-economy policies, to the detriment of states’ extractive sectors and the integrity of their resource sovereignty. Such policy careening corrupts and weakens resource sovereignty. The by-products of such systemic and ideological failures are poverty, inequality, underdevelopment, and lack of productivity. These are constraints on Africa’s future prosperity. Using experiences from inter alia South Africa, Namibia, Tanzania, Botswana, and Zambia as examples, the chapter models a response that avoids the pitfalls of market-economy or command-economy-driven policies in the extractives sector. It shows that custodial resource holding may be a latecomer to the regulatory context, but that it has potential to restore resource sovereignty as an expression of the state’s interest in and responsibility to its people. This is demonstrated with reference to custodial resource holding in law reforms across Africa.
Constitutionalizing the Market Economy and the Quest for Constitutionalism
Authors: Steytler Nico 
Published: December 2022

Abstract
The contributions to this volume show that the return to multiparty democracy in the 1990s was accompanied by the explicit or implicit constitutionalization of a market economy, principally through the protection of property and the insistence on freedom of contract. Although land and other natural resources are crucial to the economy of many countries, the constitutionalization of the guardianship role which the state should have over such resources is uneven. Affording protection to a market economy did not mean that the state withdrew from the marketplace: the notion of the ‘developmental state’ has seen the state playing the role both of a dominant regulator of the economy and a full participant in it, this by way of state-owned enterprises. However, despite the state’s quest for control of the domestic market, its powers are curtailed through a globalization of the economy powered by the international trading system. Finally, while constitutionalism might be a necessary element for a growing economy, it is far from a sufficient condition for it. There is, nonetheless, a strong correlation between the absence of constitutionalism and negative economic growth.
Contemplation
Authors: Hare John E. 
Published: December 2022

Abstract
This chapter takes contemplation as a practice that can lead to unity with God. It starts with Aristotle, because the high theology of all three of the major Abrahamic faiths has tried to integrate his views with their sacred texts. It asks three questions: What place does Aristotle allow for desire in contemplation? Is it is we who contemplate or the divine which contemplates itself in us? How is contemplation integrated into the rest of life? Answers to these questions alter when the sacred texts are taken into account. In relation to the first question the chapter discusses Augustine, Bonaventure and Scotus. It endorses the tradition that emphasizes the centrality of the heart in contemplation. In relation to the second question it discusses Ibn Tufayl, Maimonides, and Meister Eckhart. It argues for a retention of the identity of the contemplator in the act of contemplation even when filled with the Spirit. In relation to the third question the chapter discusses Kierkegaard’s views of mysticism, and it distinguishes different ways in which contemplation, like prayer, can be integrated into the rest of life.
Introduction
Authors: Abrams Peter A. 
Published: December 2022

AbstractChapter 1 presents a brief history of mathematical theory in ecology dealing with interspecific competition. It argues that competition is a key process in the dynamics of all ecological systems. The chapter then presents the original 2-species model of competition developed independently by Lotka and Volterra. The lack of resources in this model is argued to be a major shortcoming. The definition of a single resource is treated briefly. The more recent history of competition theory is outlined, beginning with a brief discussion of Robert MacArthur’s consumer–resource model. Following a hiatus of research on competition in the last two decades of the twentieth century, theoretical work has increased. However, much of this work has focused on classifying mechanisms of coexistence, rather than developing models that could help predict or understand changes in abundances. While some recent authors have explored models with resources, many have continued to explore models in which competition is modelled as a direct effect. Those who have included resources have most often assumed linear relationships for all of the component functions, such as resource per capita growth rate and consumer functional response. The chapter discusses reasons for this very narrow range of models, and some of its adverse effects on our current understanding. The final section classifies the chapters, and discusses the mathematical background required to understand them.