bluuebunny/crossref_metadata_2025_split huggingface dataset:
Man “in the Aggregate”
Authors: Boyden Michael 
Published: December 2022

AbstractThis chapter offers a paired reading of Ralph Waldo Emerson’s and James McCune Smith’s writings on the ligatures between climate and civilization during the early 1860s. This unusual coupling is motivated by both authors’ reliance on Adolphe Quetelet’s vital statistics. Quetelet’s social physics contributed to the decline of climatic explanations of the social toward the end of the nineteenth century by driving a wedge between individual sensibilities and the patterns governing society as a whole. While Smith embraced the modern science of numbers more enthusiastically than Emerson, both were intrigued by its potential for measuring civilizational achievement, especially in the fraught context of the tropics. The chapter construes the 1860s as an epochal period in the history of climate. As the writings of Emerson and Smith evince in various ways, the tropics ceased to function as a geophysical boundary for theories of civilization development toward the final decades of the nineteenth century, even as they continued to be invoked implicitly to rank and compare peoples and nations.
Origin Stories
Authors: Stewart Robert 
Published: December 2022

Abstract
This chapter considers the way in which we adopt research principles in how we live our lives—from children finding out about the world around us, to adults negotiating social encounters, to theories underlying psychotherapy. It discusses the prehistoric (and pre-human) origins of research, followed by a brief history of the emergence of mathematics as perhaps the oldest academic discipline, beginning with a strongly applied focus but incorporating its ‘pure’ form (i.e. knowledge for knowledge’s sake) as civilizations emerged that were able to support this specialism. The chapter closes by considering why the period around 1500 is so often used as a traditional starting point for histories of research.
Choosing a Solution
Authors: Stewart Robert 
Published: December 2022

Abstract
The chapter begins by considering the interrelationship between the development of research theory in the sciences and parallel developments in historiography, underpinning a lot of what is now humanities research. It then takes a step aside to consider progress and research infrastructure in pure mathematics as a non-empirical field, particularly focusing on the way in which centres of excellence, mentoring, and common challenges have shaped this. It summarizes the two approaches of rationalism (deduction) and empiricism (induction/falsification) before moving on to cover the principle of parsimony (‘simple is best’) and the vexed issue of Science vs. Religion.
The Ideal and the Reality
Authors: Stewart Robert 
Published: December 2022

Abstract
Falsification principles hold that you can never prove something to be true; you can only say that it’s consistent with observations and remain sceptical. In theory, a single inconsistent observation should be enough to force you to refine your theory; however, this only really applies in basic sciences where you can isolate your experiments from other influences. In the natural world, it’s more difficult to disprove a theory and this clearly presents a problem. One workaround, applied in health research, are ‘causal criteria’—features of an observed relationship that make it more likely to be causal. These are discussed here—strength, consistency, specificity, temporality, gradation, plausibility, coherence, analogy, and experimental evidence.
Designing Research
Authors: Stewart Robert 
Published: December 2022

Abstract
Once you have decided on the direction in which you want to take your research, it is then helpful to be clear about the elements involving empirical approaches, that is, observation and theory-building through induction, and those involving rationalist approaches, that is, logical, step-by-step arguments. This chapter considers the spectrum from pure description, through description for the purpose of theory building, to description for the purpose of testing theories. It considers examples from history and social science as disciplines where descriptive and analytic elements are often combined. Finally, it again raises the problem of how to decide between competing theories.
Designing Research
Authors: Stewart Robert 
Published: December 2022

Abstract
Research and development have a complex interrelationship. Inventions are a product of enquiry and experimentation; likewise, new technologies may open up hitherto unforeseen avenues for investigation. Early progress in astronomy, for example, depended on underpinning mathematics, as well as more mundane technologies such as lenses, global navigation, and timekeeping. Developments in humanities research have likewise been accelerated with new discoveries via archaeology and techniques for deciphering ancient scripts. The military and commercial sectors have been particularly influential in R&D, sometimes driving research, sometimes utilizing research, and sometimes inadvertently contributing to research. The invention of the radio is considered as an example of commercial exploitation of underpinning science. After exploring radio, the chapter offers an overview of the more modern phenomenon where technological development sometimes outstrips its applicability—the ‘solution in search of a problem’ scenario.
Communication 1
Authors: Stewart Robert 
Published: December 2022

Abstract
Communication is central to research: if findings aren’t communicated, a study is a waste of time. However, methods of communication have changed markedly over the last 500 years and there is no reason why they won’t continue to do so. Having covered common challenges like writer’s block, articulating the central concept, and the pitch to publishers, this chapter focuses on the typical report (e.g. a research paper) and its structure. Inference is covered as an important consideration—that is, the transition between what has been found to what it actually means, which is at the heart of communicating research and which tends to fall into a series of steps. Finally, having touched on the possibly terminal state of the current peer review publication system, longer-form writing is considered, taking the doctoral thesis as the most commonly encountered challenge.
A “Missed” Secondary Rule?
Authors: Ollino Alice 
Published: December 2022

Abstract
This contribution addresses the role of causation in the establishment of wrongfulness. While the International Law Commission (ILC) Articles on the Responsibility of States for Internationally Wrongful Acts place causality outside the conditions for an international wrongful act to accrue and treat it as an question pertaining to the interpretation and application of primary rules, this chapter argues that causality is a missed “secondary” element for assessing the breach of certain categories of international obligations. Specifically, causal queries come in to play whenever adjudicators need to evaluate the extent of a state’s responsibility for failing to comply with preventive and other due diligence obligations. Moving from a critical reassessment of the ILC approach to breaches of preventive obligations, this chapter grasps at the normative function performed by causality in tailoring the scope of states’ due diligence obligations and illustrates the hurdles of the causal question in this context.
Presumptions as Secondary Rules in the Judicial Interpretation of International Human Rights
Authors: Altwicker Tilmann , Hansen Alexandra Ellen 
Published: December 2022

Abstract
In legal contexts, presumptions constitute secondary rules designed to manage specific situations of uncertainty arising in adjudication. Presumptions guide the interpretation of legal rules in cases of factual, practical, or legal uncertainty. In human rights proceedings, in particular, they are used to overcome situations of information asymmetry, to reduce the complexity of the legal argument or to avoid a (potentially destructive) normative conflict with other actors. Their modus operandi is inference: presumptions provide a repository of knowledge from which new knowledge can be inferred, that is then given legal significance in the judicial proceedings. The use of presumptions in international human rights adjudication can be considered legitimate if the general conditions of inference conform to the demands of procedural justice. Furthermore, the use of presumptions may be justified under the ethical principle of “the lesser evil.”
The Evidentiary Implications of a Party’s Non-Participation in the Proceedings
Authors: Lentz Christopher 
Published: December 2022

Abstract
International bodies are grappling with a recent surge of cases in which one of the parties does not participate. Such non-participation raises fundamental issues concerning the secondary rules that the international panel will apply to these proceedings, in particular whether it will look beyond the record to take into account additional evidence and the views of the non-participant expressed elsewhere. This chapter identifies and synthesizes the approaches taken to date by international bodies, with a focus on non-participation cases arising in inter-state disputes (ICJ, PCA, ITLOS), international human rights law (CCPR, CAT, CEDAW Committee), and international administrative law (UNAT). A comparative analysis reveals some uniformity in how international decision-makers address non-participation, but also some variances. This chapter proposes that the differences are best explained by reference to the precise language used in the foundational text establishing or providing jurisdiction to the institution seised of the dispute.
Theorizing the Resolution of Jurisdictional Conflicts
Authors: Obendiek Anke Sophia 
Published: December 2022

AbstractThis chapter develops a theoretical framework to grasp the multidimensional nature of jurisdictional conflicts and their resolution. It conceptualizes transnational data governance as a Bourdieusian field that structures interaction around the perception of common stakes. Through the concept of value orders, it also specifies how actors perceive differently the normative nature of these common stakes. It suggests that actors appeal to higher common principles and draw on a combination of material and discursive resources to impose their specific criteria for evaluation. Actors in more marginal positions are more likely to articulate an alternative vision of the field, because they are less likely to accept the realities of the fields as given. The final part of the chapter outlines the research design, including the case selection, and methods.
Safe Harbour and Its Discontents
Authors: Obendiek Anke Sophia 
Published: December 2022

AbstractThis chapter tracks patterns of continuity and disruption in transatlantic commercial data transfers. Already in the 1990s, clashing claims of legitimate control contributed to the emergence of jurisdictional conflict between the EU, which had issued wide-ranging obligations for cross-border data transfers, and the US, which did not conform to these obligations. This chapter traces the evolution of two institutional frameworks that were established as solutions to these differences as well as their invalidation by the CJEU. By examining the legal and political challenges to the Safe Harbour framework and its successor Privacy Shield after the Snowden revelations, it highlights the disruptive character of individual actors through the EU’s legal system.
Access Denied?
Authors: Obendiek Anke Sophia 
Published: December 2022

AbstractThis chapter outlines a recent jurisdictional conflict regarding law enforcement access to electronic evidence. Law enforcement authorities rely on informal cooperation with internet service providers in cross-border data requests. The chapter tracks a jurisdictional conflict between Microsoft, the US Department of Justice, and the EU, in which the actors juxtapose principles of sovereignty and security. While initially the actors more strongly emphasized the relevance of sovereignty and domestic law, the conflict shows how parallel processes of meaning-making in the field entrenched a vision of law enforcement cooperation as a security partnership. As proposals to legalize direct cooperation with private companies spread, this conflict has the potential to fundamentally alter the criminal justice system.
Sentencing and Human Rights
Authors: Summers Sarah J 
Published: December 2022

Abstract
Sentencing and Human Rights sets out to develop a systematic account of the importance of human rights principles at sentencing. Sentencing theory is dominated by discussion of the aims of punishment, but it is questionable whether the limits identified in the leading theories—principally the idea of proportionality or commensurability between the wrongdoing and the sentence—have served to constrain the sentencing decision in practice. It is argued that one reason for this is that insufficient attention has been paid to the special nature of state punishment as a process mediated by and through law. Punishment in the rule of law demands adherence to human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions, and mandatory minimum sentences. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualized in sentencing theory.
Equality and Non-Discrimination
Authors: Summers Sarah J 
Published: December 2022

Abstract
Equality has particular resonance in the sentencing context, in which it is often equated with consistency of sentencing outcomes. Many of the most important sentencing reforms of twentieth century were connected to the importance of promoting consistency of outcome by reducing bias and disparity. In this sense, sentencing disparity is often viewed as a consequence of too much judicial discretion and too much respect for some idea of individualized justice. Others have drawn attention, however, to the importance of conceptualizing equality as a product of some notion of non-egalitarian justice, a conception which then calls into question the juxtaposition of equality and justice. This chapter sets out to consider these issues through analysing the importance of the right to equality and freedom from discrimination in the ECHR at the sentencing stage. This provides the basis for a re-examination of notions of disparity in sentencing practice, the role of sentencing guidelines, and the issue of criminal deportation orders.
Super-Causes, Super-Grounds, and the Flow of Powers
Authors: Löwe Can Laurens 
Published: December 2022

AbstractThis paper examines three medieval accounts of the relation between a living being’s natural kind and its kind-specific powers: those of Thomas Aquinas, John Duns Scotus, and Thomas of Sutton. Aquinas contends that an organism’s kind-specific powers “flow” from the essence of its soul, the essence of the soul being what accounts for an organism’s natural kind. This paper first discusses what Aquinas understands by ‘flowing’ and argues that it amounts to a kind of sustaining causation. The paper also shows that, for Aquinas, there obtains a relation of material causation between the essence of the human soul in particular and its rational powers. The paper then considers one objection to Aquinas’s theory due to John Duns Scotus. On this objection, Aquinas’s claim that the essence of the soul is the sustaining cause of all vital powers and, in the human case, the material cause of some of these powers entails that the essence of the soul is itself a set of powers, and this has a number of undesirable consequences for Aquinas. The final part of the paper considers how Scotus’s objection can be defused by discussing Thomas of Sutton’s account of the dependence relation obtaining between the soul’s powers and the essence of the soul, which draws on a notion approaching what we would today call “grounding.”
Practical Implications
Authors: Višak Tatjana 
Published: December 2022

Abstract
Chapter 5 focusses on the fact that views about capacity for welfare across species have implications for what ought to be done only in conjunction with normative views. For example, it matters what entities have moral status and are, thus, morally considerable, in the first place. This chapter discusses the issue of moral status and defends equal moral status for all welfare subjects. For this purpose, it engages with the argument from marginal cases and with Shelly Kagan’s hierarchical view of moral status. For practical implications of EQU or DIF, it matters also whether we have reason to maximize welfare by bringing about more welfare subjects or merely by improving the lives of those who already live or will live in the future. It defends the latter view, based on Ralf Bader’s arguments. The chapter ends with an overview of different ways of counting (or discounting) the welfare of animals.
Being and Non-Being
Authors: van Inwagen Peter 
Published: December 2022

AbstractThis chapter rejects both Meinongianism (“There are things such that there are no such things”) and neo-Meinongianism (“There are things that do not exist”). The chapter examines possible responses to a challenge to neo-Meinongians that was issued in Chapter I: “If you think that there are things that do not exist, give me an example of one.” The right response to your example will be either, “That does too exist” or “There is no such thing as that.” The most serious answer to this challenge is provided by fictional characters—for there are characters who are (e.g.) witches and there are no witches. It is answered that fictional characters exist, and that some of them hold but do not have the property being a witch.
Being and Generality
Authors: van Inwagen Peter 
Published: December 2022

AbstractThis chapter considers theories of quantification different from the theory presented in Section 3 of Chapter I. So-called substitutional quantification has never been adequately explained. Such explanations as there are consist in statements of truth-conditions (or, more generally, satisfaction conditions) for sentences containing substitutional quantifiers. But to give truth-conditions for the sentences in a certain class is not to say what propositions those sentences express. Theories of quantification that allow quantification into non-nominal positions (generally either sentential or predicative) are misguided. For, as the variables of ordinary quantifier logic are essentially pronouns, the variables of “propositional” logic must be essentially prosentences, and the variables of “higher-order” logic must be essentially pro-verbs or propredicates. And neither prosentences nor propredicates exist.
Comparative Overview of Measures and Devices to Shape the Economy in Some Modern African Constitutions
Authors: Fombad Charles M 
Published: December 2022

Abstract
This chapter provides an overview of the economic doctrines, principles, measures, and devices that have been incorporated, explicitly or implicitly, in modern African constitutions to guide government action and promote development. In so doing, the chapter considers how these ‘economic constitutions’ pave the way for consolidating constitutionalism and respect for the rule of law. An economic constitution entails that a rule-based approach is taken to economic policy. Such a constitution establishes a framework that seeks to guide government action and ensure that the government’s management of the economy not only promotes growth and development but protects the country’s economic and political sovereignty. The chapter examines the types and levels of economic rights recognized and protected in the constitutions of the selected countries. It then discusses the role of institutions for economic management and considers whether the relevant provisions are strong enough to promote proper economic management. This is followed by an analysis of the interplay between the constitution, the economy, and constitutionalism. It is shown that there is close interdependence between the measures and mechanisms designed to promote a sound economic constitution and those that promote constitutionalism, respect for the rule of law, and good governance. The chapter ends by suggesting some ways in which constitutionalism in general and economic constitutionalism in particular can be promoted to protect a country’s economic and political sovereignty as well as its ability to pursue economic growth and development.
The Unravelling of the Constitution, Economy, and Constitutionalism in South Africa
Authors: Steytler Nico 
Published: December 2022

Abstract
The South African constitutions of 1993 and 1996 and the constitutionalism they entrenched have played a significant, if not central, role in shaping a market economy, one forged on the basis that a developmental state would lead the transformation of apartheid South Africa. The Bill of Rights enshrined the basic elements of such an economy: the right to property, a competitive market, and (indirectly) the freedom of contract. As corrective measures, the rights of workers and employees were firmly safeguarded, while a ‘social’ state was established by entrenching socio-economic rights in order to ward against market failure to distribute resources equitably. Ample constitutional scope was given for the emergence of a developmental state, although, in line with best practice, decisions about currency stability were allocated to an independent central bank. Yet, during the Zuma presidency, the economy went into recession. The claim is now that certain constitutional elements hinder economic growth, for example, the property clause, workers’ rights, or the independence of the Reserve Bank, but they obscure the fact that the country’s economic problems originate in the realm of politics, policies, and an incapable state. The economic crisis will not be resolved by the Constitution and constitutionalism; nevertheless, any future policies and initiatives should be grounded on the bedrock of constitutionalism: inasmuch as constitutionalism brings stability, it is supportive and enabling of economic growth and the fair distribution of resources.
The Political Economy of Post-colonial Constitutionalism in Southern Africa
Authors: Klug Heinz 
Published: December 2022

Abstract
This chapter explores the political economy of four southern African nations to understand whether specific features of their constitutions might explain the conditions for achieving the goals of democracy and economic development set out in their constitutions. Asking what might be required to fulfil the promise of post-colonial constitutionalism in southern Africa, the chapter engages in a comparative analysis of the historical conditions shaping the constitutional political economy of each of the four case studies: Botswana, Mozambique, South Africa, and Zimbabwe. Considering the salient features of these nations’ constitutions identified by theories of constitutional political economy, from their electoral systems to their forms of government, the chapter focuses on the constitutional status of property and the history of land reform in each of the cases. Thus, while conducting a general comparative analysis of the relationship between the economic constitution and governance in southern Africa, this chapter places specific emphasis on the significance of property rights and tenure relations to constitutionalism in the region.