bluuebunny/crossref_metadata_2025_split huggingface dataset:
Foundations
Authors: Ní Chaoimh Eadaoin 
Published: October 2022

Abstract
Chapter 2 explores the constitutional principles underlying the Legislative Priority Rule, those being the principle of pre-emption and the presumption of constitutionality. Together, these principles regulate the relationship between the EU and its Member States on the one hand, and the EU legislator and judiciary on the other. While the principle of pre-emption precludes national Treaty-based discretion and generally promotes market integration, the presumption of constitutionality allows the European Court of Justice to presume that secondary product rules comply with Articles 34–35 TFEU. The presumption of constitutionality thus empowers the EU legislator since the Court must defer to legislative decisions which are assumed either to reconcile the requirements of market integration and regulation or be justified under the principle of proportionality. It can, as such, also provide a counterweight to the pre-emption on national competences, particularly as the EU legislator enjoys scope to recalibrate the relationship between market integration and regulatory goals and/or grant a degree of regulatory discretion to the Member States. Yet the presumption of constitutionality can also strengthen the judiciary at the expense of the EU legislator since it requires the Court to consistently interpret secondary law in line with Articles 34–35 TFEU or, it this is not possible, reach a finding of invalidity. As a result, while the EU legislator can genuinely impact the contours of the internal market for good, it cannot undermine the hierarchy of norms.
Early Childhood Education and Care in Denmark
Authors: Larsen Trine P. , de la Porte Caroline 
Published: October 2022

Abstract
This study examines why Denmark is considered the leader among the Nordic countries and globally when it comes to childcare. In terms of programmatic success, Denmark is a pioneer in nationwide ECEC (early childhood education and care), including social investment, which focuses on learning capabilities and skills of children. The implementation of ECEC nationwide is well organized, and the take-up of ECEC is evenly spread geographically and across social classes. Danish ECEC is also a clear political success, as political parties from the left to the right of the political spectrum, and at central and local levels of government, have supported ECEC, from the 1970s onwards; furthermore, stakeholders have been involved in setting agendas for continued high-quality ECEC as part of Danish family-, childcare- and labour market policy. Linked to the political success, Danish ECEC has also been a clear process success, with incremental reforms by broad-based coalitions, which have been carried out without major obstacles. The Danish system of ECEC has endured over several decades, despite changes at the margin due to challenges, including financial crises. The endurance is likely to continue well into the future, because of the cap on parental own contribution to the costs of ECEC, and because there has been a political decision to have a minimum threshold for quality of care in 2019. Across both sides of the Atlantic, in the EU context and in the US, childcare in Denmark is considered as a poster-child.
Cancer Treatment Policy in Denmark
Authors: Triantafillou Peter 
Published: October 2022

Abstract
During the early 1990s, it became increasingly clear to the medical community and the public health authorities in Denmark that cancer treatment there was lagging behind most other Western European countries. This chapter examines how Danish cancer policy from around 2000 onwards moved from a position as a laggard to a decent position. It is argued that during the first two decades of the new century, Denmark made remarkable advances along each of the four dimensions of the PPPE model (programmatic, process, political, and endurance) used in this volume. Over the course of 20 years, four consecutive cancer plans have vastly improved diagnostic and curative procedures and capacities with the effect that survival rates for cancer patients have increased substantially and at higher rates than in the other Nordic countries in the same period. Yet, there is still scope for improving preventive actions and regulations (in the area of smoking, alcohol consumption and dieting) and in the area of diagnostic and curative procedures and capacities. Overall, it is also a process success in the sense that the policy saw the emergence of an enduring coalition of state, regions, patient organizations and health professionals around the goal of improving cancer treatment. Recently, however, a few actors in this interest group coalition have questioned whether or not the strong focus on cancer policy may be crowding out the attention to other diseases. Finally, it is a political success as the costly cancer plans have enjoyed widespread and enduring parliamentary and popular support.
Sweden’s Policy of Neutrality
Authors: Brommesson Douglas , Ekengren and Ann-Marie , Michalski Anna 
Published: October 2022

Abstract
This chapter zooms in on the Swedish policy of neutrality and its development over 200 years. Throughout the chapter the ambition is to add nuance to how this policy of neutrality has developed, not least how it has been implemented in flexible ways during changing circumstances. By doing so, the aim is to analyse in what ways the Swedish policy of neutrality can be considered to be a success or not. The chapter presents the background to the modern policy of neutrality through an analysis of the different declarations of neutrality during the 1800s and then moves on with more in-depth analysis of four snapshots, seen as critical junctures, during the 1900s: the First World War, the Second World War, the Cold War, and the post-neutral phase from 1989 to the application for membership in NATO in 2022. The analysis reveals how the policy has been interpreted in highly flexible ways and also been limited by structural conditions such as geopolitical tension, great power conflicts and potential power vaccum. At the same time, the flexibility has often been paired with a strong desire for predictability. Throughout these periods, it has been repeatedly claimed that the purpose of neutrality is that Sweden’s behaviour should be predictable in a potential crisis and therefore less threatening. The overall conclusion of the chapter is that the success of the Swedish policy of neutrality, and its overarching goal to preserve stability and self-determination, have been found in this tension between flexibility and predictability.
The Categorical Imperative
Authors: Walker Ralph C. S. 
Published: October 2022

Abstract
The Categorical Imperative encapsulates the moral law, but Kant’s explanation of it is not well handled. Its central idea is not universality, but the requirement to act in response to the rational will. That is not to be confused with what we want or choose. We should so act that our maxims could be acceptable to everyone’s rational will. There is confusion in his discussions of the four examples of morally unsatisfactory maxims, but there are valuable points behind each of them. He has been interpreted as a rigorist, ruling out (for instance) all cases of suicide, but that cannot really be right—everything depends on the detail of the specific maxim. It is essential to see that he regards someone as acting ‘autonomously’ only when acting from their rational will, i.e. in response to the Categorical Imperative. This use of the word can lead to serious misunderstanding.
The Need for Freedom
Authors: Walker Ralph C. S. 
Published: October 2022

Abstract
Free will, in a strong sense, is essential: only so can we be responsive to the moral law. Yet Kant commits himself to determinism. The Groundwork seeks to show the reality of freedom, but it fails. The Critique of Practical Reason concludes that no proof is needed, but this does not resolve the tension with the causal determinism Kant takes himself to have established. There is however a major incompatibility, which Kant recognizes, between causal explanation and teleological explanation. The determinism of the first Critique is of the causal kind. Our understanding of one another—and Kant’s understanding of organisms—is teleological. We cannot prove that there is no place for teleology, and determinism is far from established. To suggest that whatever is uncaused is random indicates a misunderstanding of randomness. Free will fits well with common sense.
Life-writing and exemplarity
Authors: Gheeraert-Graffeuille Claire 
Published: October 2022

Abstract
This chapter aims to highlight the different modes of life-writing which Lucy Hutchinson drew upon in order to construct the exemplarity of her husband. After an overview of early modern exemplarity, it examines her twofold indebtedness to humanist life-writing inherited from Plutarch and to the Protestant tradition of godly lives. By extolling the Colonel as a Renaissance gentleman and a saint, Lucy Hutchinson seeks to persuade the reader to follow his example by emulating his commitment to the public cause. However, such extreme idealization of the Colonel’s virtues, especially in her dedication to her children, borders on idolatry, a sinful attitude that is vigorously condemned by Calvinists. The chapter studies Lucy Hutchinson’s ambivalent treatment of her husband’s virtues and aura as well as the strategies she adopts to describe him as a true Protestant saint.
The experience of the Civil War in Nottingham
Authors: Gheeraert-Graffeuille Claire 
Published: October 2022

Abstract
This chapter shows that Lucy Hutchinson’s historiographical undertaking cannot be understood outside the epistemology of experience on which the memoir genre is based. It starts by examining her paradoxical position as a witness of the Civil War in Nottingham. Even though she was kept at a distance from military operations, living in the castle of Nottingham and being the Colonel’s confidant put her in a unique position to record the events experienced by her husband and, occasionally, by herself. This privileged position also enabled her to disclose to the reader what was taking place behind the scenes of history, in particular the negotiations conducted between the Colonel and his royalist enemies, as well as the machinations that tore apart the Nottingham Committee of War. The chapter ends with the paradox that Lucy Hutchinson’s local account also serves as a commentary on national politics and provides an exceptional insight into the anthropological realities of the Civil War.
Sentencing in England and Wales
Authors: Harris Lyndon 
Published: October 2022

Abstract
This chapter identifies the key features of the sentencing system in England and Wales, namely a limiting retributivist scheme with a multiplicity of secondary purposes of sentencing. The chapter establishes why England and Wales has been selected as in effect a case study for this work, namely that it has the hallmarks of most Western sentencing systems in that its dominant principle is retributive proportionality with elements of consequentialist theory, and that it has a very developed system of sentencing guidelines and a long history of appellate guidance. The chapter therefore concludes that England and Wales, as a very developed sentencing system with a rich history of structuring sentencing discretion, is the paradigm system for an analysis of measures designed to structure discretion as a means of achieving consistency in sentencing.
Conceptualizing consistency in sentencing
Authors: Harris Lyndon 
Published: October 2022

Abstract
Chapter 2 explores the concept of consistency. Having considered the literature, it is argued that consistency must be a core feature of any fair sentencing system. However, the chapter explains that consistency ought to be a latent, rather than primary, aim of a sentencing system. This is justified on the basis of the proposed definition which encompasses both the procedural and substantive elements of the concept to ensure a workable and theoretically sound definition. With a definition of consistency aligned to the pursuit of sentencing principles, consistency follows the proper application of the principles underpinning the sentencing scheme. Thus, consistency, though central to a fair system, is not something to be directly pursued.
When is a sentencing decision ‘discretionary’ and how should that discretion be structured?
Authors: Harris Lyndon 
Published: October 2022

Abstract
Chapter 5 considers the definition of judicial discretion for the purposes of sentencing. Following the conclusions reached in Chapter 3, a clear definition is needed in order to isolate the parts of the sentencing process which give rise to inconsistency and thus identify the target of any means of redress. Following a review of the literature, identifying and critiquing various descriptions and definitions, it concludes that much of the literature conflates two distinct issues, namely the existence of discretion and the manner in which it may be exercised. This chapter undertakes a modest task, namely to identify a description of discretion fit for the purposes of the enquiry into consistency in sentencing. Thus, it avoids being drawn into the various debates regarding the source of discretionary powers and the limits of the law. Rather, the chapter is more restrained, concerned with providing a workable definition which can be utilized to explore the methods of combatting inconsistency resulting from wide discretionary powers.
Statutory methods of structuring judicial discretion at sentencing
Authors: Harris Lyndon 
Published: October 2022

Abstract
Chapter 6 considers the legislative methods of structuring the discretionary sentencing decision as a means of promoting consistency more effectively. Using the system in England and Wales as the vehicle for exploring these methods, the chapter examines the efficacy of various methods employed in this jurisdiction. The critique will be of interest to scholars and law-makers around the world given the extensive body of sentencing legislation enacted in the United Kingdom, thus providing fertile ground for analysis and the identification of lessons to be learned from the English experience. The chapter explores the role that Parliament plays in the structuring discretion and the particular cultural dimensions of growth in structure following a lengthy period of almost unbridled discretion. Thus, the chapter concludes, reform was necessarily a slow process. Further, consideration of popular measures such as the mandatory minimum sentence are critiqued, providing an analysis that though Anglocentric, may be utilized in many jurisdictions. The chapter finally considers the various approaches taken in enacting legislation to bring about a more structured and more consistent sentencing decision.
Structuring judicial discretion through the Court of Appeal (Criminal Division)
Authors: Harris Lyndon 
Published: October 2022

Abstract
Chapter 7 performs the same exercise as Chapter 6 but in relation to the decisions of the higher courts in England and Wales. For many decades, the common law provided the most tangible guidance for sentencing courts (notwithstanding the limiting and guiding measures provided by Parliament). The chapter examines the strengths of the common law, namely the ability to react quickly to developments, providing structure where none exists, or supplementing structure provided by legislation. While this exercise is again undertaken in the context of England and Wales, the analysis draws conclusions of use to an international audience. Various approaches to imposing structured decision-making through appellate court decisions are examined and evaluated. This may provide an interesting insight for other jurisdictions when considering the provision of guidance through, inter alia, appellate decisions.
‘’E Mun Be Baited, It’s a Rule’
Authors: McLeod Hugh 
Published: October 2022

Abstract
At the start of the nineteenth century an older sporting world was still alive, and one part of it, the ‘calendar’ sports of the people, was still loosely connected with the church. The clergy acted as patrons of the popular sports, while participating in those of their social equals, which in many cases meant the hunting sports of the gentry. Meanwhile a newer sporting world of commercialized sports practised by professionals was emerging. Sports of both kinds were coming increasingly under attack, whether because they were accused of cruelty or brutality, or because of their associations with gambling. Nonconformists, together with the growing numbers of Evangelicals in the Church of England, were at the forefront of these attacks.
‘Puritanic Precision and Propriety’
Authors: McLeod Hugh 
Published: October 2022

Abstract
In the early decades of the nineteenth century there were increasing conflicts between the worlds of religion and sport, and their relationship reached its nadir in the 1830s. The religious attacks were motivated by a variety of concerns. The most widespread of these was what was seen as the cruelty or brutality of many sports and the association of many sports with gambling and heavy drinking. While the strongest attacks came from Evangelicals, church reformers of all kinds were concerned that ‘sporting parsons’ were neglecting their duties and were glaring examples of the ‘unreformed’ church. Meanwhile sport was a central part of life for men of the gentry, and for many working men too. Sportsmen of all classes fully reciprocated the opprobrium cast upon them by Evangelical preachers, and the sporting press of the time was notable for its anti-clerical tone.
‘The Affinity between Christianity and Athletics’
Authors: McLeod Hugh 
Published: October 2022

Abstract
In 1889 the journal of the YMCA claimed that there was ‘an affinity between Christianity and athletics’. By the last decades of the nineteenth century the alliance between religion and sport had come to be accepted by all but the most conservative sections of the Christian churches. It became part of the package of Christianity and Victorian British values which missionaries brought with them to other parts of the world. This period saw important Jewish institutions bringing sport into their programme and the advocacy by some of a ‘muscular Judaism’. It also saw a gradual growth in the range of sports practised by women and in the social classes involved: beginning with hunting women in the gentry; by the 1870s and 1880s women from the upper-middle class were playing tennis, golf, and hockey; then by the 1890s women in the lower-middle class and working class were cycling. The role of churches and chapels and of the YWCA became increasingly important as less-affluent social groups began to be involved. The chapter concludes by asking ‘What was muscular Christianity?’ It argues that though the term has become inescapable, it has often caused more confusion than enlightenment.
Religions in the Age of Sport
Authors: McLeod Hugh 
Published: October 2022

Abstract
The last fifty years or so have seen both increasing secularization and increasing religious diversity. Three major religious trends have been the growth of non-Christian religions, especially Islam, the resurgence of Evangelicalism, and the popularity of ‘alternative’ spiritualities. Religions of all kinds have had to respond to the ever-growing role of sport in contemporary society. Sometimes Christians and Muslims have felt obliged to practise their sport within a religiously defined sub-culture, as with the Muslim cricket leagues, Christian football leagues, and organizations of Muslim sportswomen. But they have also engaged more directly with the wider world. Four contrasting Christian examples are Christians in Sport, which aims to evangelize the world of sport; the YMCA, which is playing a major role in providing facilities for disability sport; the sports chaplaincy movement which has a large presence in some areas of elite sport, especially football; and, most recently, the Church of England’s ‘Sports Ministry’ programme, including the appointment of a bishop for sport. In the more secular and more diverse society of today, elite athletes who are religiously committed have also often felt obliged to assert their identity loudly and clearly, rather than practising the more low-key piety common in earlier times.
The Historical Challenge to Future-Proof Science
Authors: Vickers Peter 
Published: October 2022

Abstract
This chapter engages with the literature on contemporary scientific scepticism. It is argued that some of the scholars who describe themselves as ‘sceptics’, or ‘antirealists’, actually allow for some (even many) examples of ‘future-proof science’. This sounds backward, but that is only because of a confusing use of labels and problematic terminology. Whilst the realism debate concerns our epistemic stance vis-à-vis ‘unobservables’, this book has no such focus, and most of the proffered examples of ‘future-proof science’ concern observables (broadly construed). Thus many of the antirealist’s usual arguments—designed as they are to doubt our knowledge of unobservables—are not relevant. Some arguments still are relevant, since they equally affect scientific claims about observables and unobservables. However, since the focus is now on observables, many antirealists will want to defend against these arguments just as much as realists, and the distinction between ‘realists’ and ‘antirealists’ breaks down.
The Tiktaalik ‘Missing Link’ Novel Predictive Success and the Evidence for Evolution
Authors: Vickers Peter 
Published: October 2022

Abstract
Chapter 3 shows that if one wanted to put weight on predictive success, one would have to carefully articulate the circumstances in which a prediction really is of great evidential significance; if not in the Meckel case, then when? Chapter 4 considers a possible case from contemporary science: the theory of evolution and the predictive success of the Tiktaalik ‘missing link’ fossil in 2004. This predictive success seems more impressive than the Meckel case, and scientists initially expressed their enthusiasm for the discovery, indicating that they considered it evidentially very significant. However, the closer one looks the less evidentially significant it appears to be. This further consolidates the thought that we should not put weight on novel predictive success in our search for future-proof science. This inspires a different approach to identifying future-proof science, based not on attempting to digest the first-order evidence, but instead on examining the scientific consensus.
Do We Know How the Dinosaurs Died?
Authors: Vickers Peter 
Published: October 2022

Abstract
It has been argued that we can identify future-proof science via scientific consensus, with criteria that must be met. But actually applying those criteria to a specific case can sometimes be extremely challenging; how is one to ascertain whether there is a 95 per cent consensus in the relevant community of experts? An instructive contemporary case concerns the claim that an asteroid impact caused the dinosaur extinction. Many scientists have been tempted to state the claim as a fact, and in 2010 a review article was published in Science hinting at a consensus. There was a significant community reaction to this piece, however. In addition, there has been plenty of opposition to the claim in both the published literature and activity at (some) major conferences. This chapter navigates some of the challenges that can arise when we ask after the strength of feeling in the relevant scientific community vis-à-vis a specific claim.