bluuebunny/crossref_metadata_2025 huggingface dataset:
Political Consumerism in Northwestern Europe
Authors: de Moor Joost , Balsiger Philip
Published: August 2018

This chapter uses quantitative measures to assess the spread of political consumerism, confirming not only its well-established status in Northwestern Europe (NWE) but also important regional variations. It then reviews case studies that show that political consumerism is practiced in various social movements in very diverse ways, far beyond the boycotts/buycotts and ethical products typically measured in quantitative data. While some occasionally buycott or boycott, others change their entire lifestyle; and while some use political consumerism in rejection of institutions, others collaborate with governments and companies to establish standards and labels. Since quantitative data do not cover the profound diversity revealed by the case studies, little is known about the spread of various more or less “serious” forms of political consumerism. The chapter makes several recommendations to fill this gap and thus to assess the potential of political consumerism for social change in NWE.
The Development of Political Consumerism in India
Authors: Sreekumar Hari , Varman Rohit
Published: August 2018

This chapter provides a historical view of the development of political consumerism in India and details its present-day manifestations. Political consumerism in India emerged during the colonial period and was rooted in Gandhian ideologies such as swadeshi. The chapter highlights how swadeshi has been co-opted by political and business interests, which have recast it as a form of ascendant economic nationalism. Strategies such as boycotting have been employed, sometimes against vulnerable consumers. Food has emerged as a major point of contention and has been employed strategically to convey identity, reinforce social hierarchies, and even as a test of Indianness. The chapter concludes that political consumerism in India, due to its colonial origins, follows trajectories that are distinct from those in the West.
Problematic Political Consumerism
Authors: Micheletti Michele , Oral Didem
Published: August 2018

Typically, political consumerism is portrayed in straightforward, unproblematic ways. This chapter discusses how and why political consumerism—and particularly boycotts—can be confusing and problematic. Theoretically it focuses on moral dilemmas within political consumerism and the key role of overriding moral claims in the motivations for and actions of political consumer causes. An ideal type model, constructed for analyzing unproblematic and problematic political consumerism, is applied to cases of more unproblematic political consumerism (e.g., the Nestlé, Nike, and South African boycotts) and more problematic political consumerism (e.g., the Disney boycott and the movement against Israeli settlements in the occupied Palestine territories). The chapter also addresses why other forms of political consumerism (buycotts and discursive actions) seem less vulnerable to moral dilemmas as well as the research challenges in studying more problematic cases of political consumerism.
The Operational Codes of Donald Trump and Hillary Clinton
Authors: Walker Stephen G. , Schafer Mark , Smith Gary
Published: August 2018

This chapter profiles the bounded rationality of two major candidates for US president in the 2016 presidential election. It identifies their philosophical beliefs regarding (1) the friendly or hostile nature of the political universe, (2) the achievement of fundamental political values, (3) the predictability of the future, (4) control over historical development, and (5) the role of chance in political life. It also examines their instrumental beliefs regarding (1) the optimum strategic approach to political goals, (2) tactical flexibility in carrying out a strategy, (3) calculation and management of risk, (4) role of timing, and (5) utility of various means in taking political action. These beliefs define a leader’s “operational code” regarding the exercise of power by self and others in world politics. The chapter extrapolates from these beliefs some game theory predictions for how Donald Trump or Hillary Clinton as the next US president would exercise power in world politics.
Making Sense of Eureka
Authors: Saltz Laura
Published: August 2018

Both a poem and scientific treatise, Eureka is famously generically unstable. This essay considers Eureka’s instability as a symptom of the bifurcation between the domains of literature and science that took place in the nineteenth century’s first half. The essay turns to Michel Foucault’s Order of Things for a historical and conceptual framework that describes this division and suggests its implications both for Eureka’s reception and its textual strategies. Written at a time when “knowledge” was relocated from the domain of literature into the discourses of science, Eureka stages a competition between literary and scientific epistemologies.. By pointing to celebrated examples of intuition and imagination in the realm of science, Eureka confirms their epistemological value. The text then reclaims the epistemological imagination for poetry as way to shore up the waning status of literature as a legitimate form of knowledge.
Edgar Allan Poe and His Enemies
Authors: Tomc Sandra
Published: August 2018

This chapter looks at the dozens of enemies Poe acquired in the course of his career. Instead of understanding these enemies as a phenomenon peculiar to Poe and his individual psychological state, the chapter argues that enemies were a kind of dark, unconscious side of the friendship culture that prevailed in the magazine industry in the early nineteenth-century United States. At a time when magazines depended for their content and profitability on the voluntary labor of unpaid contributors, friendship culture, in which friends volunteered to write for the periodicals of other friends, was crucial to the functioning of the magazine publishing economy. But hatred and rage were also productive energies, goading writers to write for free for magazines as easily as friendly indebtedness. Examining Poe’s rancorous relationships with his fellow authors, this article argues that Poe’s many enemies were part of a larger economy of violent invective and grudges that formed a companion to the culture of friendship.
Poe’s Visual Legacy
Authors: Cantalupo Barbara
Published: August 2018

This essay provides an overview of how artists have responded to the “graphicality” of Poe’s writing. It assesses illustrators of Poe’s work as well as artists who have been influenced by his writing. Because more than seven hundred painters, illustrators, and sculptors have reacted to Poe’s work from the time of the first illustrated edition in 1852 to the present, this essay focuses on only a handful of exceptional artists.
Temporal Effects
Authors: Zwarg Christina
Published: August 2018

This chapter updates psychoanalytic concerns already identified in Poe with the temporal dimension of trauma theory known as Nachträglichkeit. First translated by Freud’s editor James Strachey as “deferred action,” this important concept is now more appropriately translated as “afterwardsness.” My case study uncovers a relationship between traumatic time in Poe’s satiric sendup of sensation in “How to Write a Blackwood Article” and “A Predicament” and his emphasis on “vivid effects” in “The Philosophy of Composition.” The argument includes Poe’s use of the word graphicality in a review of Margaret Fuller, sometimes thought to be the target of his earlier satires. Poe’s intense if ambivalent engagement with Fuller’s writing highlights a temporal dimension often obscured by earlier psychoanalytic readings, allowing us to consider the value of trauma theory for understanding the evasive operations of history so vital to his appeal.
Unqualified Pleasure
Authors: Arsić Branka
Published: August 2018

Everything that Poe wrote is touched by the question of life. Most notably, dead women come back to life, the living switch personhoods with the dead, and hearts dismembered from the body keep on beating. Such existential shifts were typically interpreted as Poe’s take on the Gothic, his engagement with the supernatural, or, as political allegories. Declining to follow any of those directions, this chapter will take Poe’s ideas about life literally and nontrivially. Closely discussing such texts as “The Fall of the House of Usher,” “The Mesmeric Revelation,” and Eureka, the essay will investigate Poe’s continuous insistence that nothing is inanimate and immaterial, as well as his claim that life can’t be understood according to an anthropomorphic model. Reading his literature against the backdrop of the scientific treatises on life and vitalism that influenced him, this chapter will seek to explain what is at stake in Poe’s statement that even “unorganized matter” is alive and sensuous, endowed with capacity for pain and joy.
Poe’s Terror Analytics
Authors: Kennedy J. Gerald
Published: August 2018

Poe’s production of magazine tales led to an intellectual preoccupation with terror—its origins, meanings, and effects. Read as analytical investigations into the causes of dread, many of Poe’s narratives offer striking insights into contemporary terrorism. Reexamining the events of 9/11 with Poe’s theory of the prose tale in mind, we understand better why symbolically unified events, orchestrated into dramatic action unfolding in ninety minutes, created sensational, overwhelming effects. Jean Baudrillard’s deconstruction of uncanny doubling in the 9/11 spectacle conversely explains the terrifying symbolic logic of “The Fall of the House of Usher.” Poe claimed that terror arises from the soul, but threats from antebellum culture impelled his fiction: consumption, pestilence, premature burial, slave rebellion, and mob violence. Three tales—“The Man of the Crowd,” “The Pit and the Pendulum,” and “Hop-Frog”—employ different strategies to analyze the creation and weaponizing of terror as well as how it may be demystified and managed.
Yolngu Music, Indigenous “Knowledge Centers” and the Emergence of Archives as Contact Zones
Authors: Toner Peter G.
Published: August 2018

Archival institutions managing Indigenous materials—both state-managed archives and recently created Indigenous “Knowledge Centres”—are examples of “contact zones”: archival materials are products of colonial encounters, and archival management practices are manifestations of forms of governmentality that also include notions of “intangible cultural heritage” and “intellectual property.” This chapter examines new forms of Indigenous empowerment among the Yolngu people of northern Australia in managing their own repatriated cultural heritage materials. It focuses on certain points of tension in these archival contact zones, where both state-managed and Yolngu-managed archives are subject to certain overriding principles of knowledge management: particular methods of documentation and preservation, attention to global standards of knowledge management, and respect for intellectual property law on the one hand, and secrecy, unequal access to knowledge, and the use of restricted knowledge as a political resource on the other.
Incentive Programs to Address the Challenges of Hunger, Undernutrition, and Obesity in the United States
Authors: Schumacher Gus , Nink Emily
Published: August 2018

Across the world, many people remain food insecure, and unhealthy dietary patterns are driving up health costs. Solutions to these problems will impact food production and water scarcity. This chapter reviews the history of government interventions to improve food security and nutrition in the United States, which have enjoyed a “broad coalition” of support over seven decades. More recently, nutrition incentive programs have emerged, aiming to increase purchases and consumption of fresh fruits and vegetables by low-income consumers who benefit from the federal nutrition programs. This chapter explores the development and programmatic success of nutrition incentives, impacts on consumers’ food security and nutrition, impacts on farmers and farmers’ markets, and potential contributions to shifting dietary patterns. As they mature, evolve, and scale, nutrition interventions may deliver shorter supply chains, increase fruit and vegetable consumption, and contribute to a shift toward more sustainable and nutritious foods.
Water Issues and the Brazilian Agricultural Agenda
Authors: Empinotti Vanessa Lucena
Published: August 2018

The transition to high technology farming in Brazil, adapted to tropical conditions has led to a unique farming system in which water and soil conservation is a key element. The purpose of this chapter is to show how rainfed agriculture in Brazil has evolved effective and sustainable production practices, including the sound management of green water, and how the agro-neoliberal system, today in place, is transforming productivity and environmental stewardship. However, Brazilian farmers still tend to overlook how their productive practices impact natural resources. Their view of natural resources is still primarily utilitarian. They categorize water issues as environmental concerns; not as productive ones. To reverse this tendency, new approaches are needed. It is essential to recognize the vulnerable position of farmers in the world food production system and to promote incentives that allow them to make production choices without the current dependence on private actors and economic gains.
Water Management by Farmers
Authors: Smith Laurence
Published: August 2018

Analyzing the public policy challenge of multifunctional land use, for which farmers are required to be food producers, water resource managers and environmental stewards, it is argued that a location-sensitive policy mix is required, consisting of appropriate regulation complemented by advice provision, voluntarism, and well-targeted incentive schemes. The case is further made for adaptive management, local deliberation and stakeholder participation, and hence for governance that is open, delegated, and collaborative. Assessment, planning, and decision making need to be delegated to the most appropriate governmental level and spatial scale to achieve desired outcomes, whilst effective mechanisms for vertical and horizontal coordination of the resulting multilevel and polycentric governance are essential. Hydrographic catchments have significant advantages as spatial units for analysis, planning, coordination, and policy delivery. However, catchment-based working creates further need for cross-level, sector, and scale communication and coordination. Mechanisms for this merit further attention.
A Farmer’s Experience of Conservation Agriculture in the UK
Authors: Reynolds Anthony J.
Published: August 2018

Conservation agricultural practices have been widely adopted across the world in the past 30 years. Farmers recognized that their soils had been degraded by deep ploughing and by dependence on chemical fertilizers, pesticides, and herbicides. Conservation agriculture, involving the agronomic and technological practices of no-till, cover cropping, and rotation, can be a sustainable alternative to conventional farming both economically and environmentally. While improving soil and crop health, it also has a dramatic and beneficial impact on the soil structure and on organic matter content that in turn can improve drainage and the availability of water. Costs are greatly reduced and crop yields—after an initial decline—return to former levels. Increasing interest and uptake by the global farming community shows that the system can be adapted in a variety of farming situations and significantly aid both the environment and sustainable food production.
The “Constitutional” System of Israel
Authors: Mahler Gregory
Published: August 2018

Israel’s constitutional setting and “unwritten” constitution have evolved over the years, influenced by actions of the Supreme Court of Israel and the Knesset, Israel’s parliament. Israel’s constitutional status, with its constitutional structure not formally entrenched in writing, leaves many specific principles of the constitution and their impact more uncertain in many cases than might be the case if there were a more formalized, “written” constitution, something to which Israel committed itself almost seven decades ago. Structures of the constitution, including the Basic Laws, are constitutional but are not the same as having a constitution, and this situation leaves the proper role of the Supreme Court in Israel open to debate. The constitutional system has direct and clear influence over the operation of day-to-day politics and affects a wide range of political and structural factors in the Israeli political world.
The Baroque State
Authors: Stollberg-Rilinger Barbara
Published: August 2018

“Baroque” is not a political concept. To speak of the “baroque state” implies that the epoch denoted as “the baroque” by art historians (the late sixteenth to eighteenth centuries) has certain significant commonalities in political terms as well. This chapter tries to describe a particular political style that linked the countries of Christian Europe to one another. It was characterized by the idea of ​​the state as an artefact, coupled with a love of geometry, theatricality, and ceremonial order, a general climate of competition, and finally a fundamental tension between ideal order and factual disorder. This common political style of the baroque states was shaped by omnipresent competition between potentates. Since this competition was conducted with military, diplomatic, and artistic means at the same time, it makes sense to transfer the category “baroque” from art and literature to the political realm.
Baroque Sexualities
Authors: Ferguson Gary
Published: August 2018

In terms of sexuality, the Baroque period sees an evolution culminating in more clear-cut definitions and fixity: the establishment of two dimorphic sexes, which sustain physiologically grounded sexual and gender roles, concomitant with, and sustained in part by, the definition and marginalization of the homosexual. The modern sexual identities thus established depend no less on the emergence of the introspective, desiring subject, whose elaboration begins in the context of the Protestant and Catholic Reformations and the ensuing reorganization of the central religious and social institutions of confession and marriage. However, all these developments happened gradually and unevenly. Consequently, the Baroque is irreducibly marked by transition, multiplicity, lability, complexity, and the coexistence of differing models, ideas, and practices. As such, the Baroque defies dichotomous thinking and challenges historians of sexuality to move beyond entrenched and opposing “continuist” and “differentialist” approaches.
Corporate Political Ties in Emerging Markets
Authors: Sun Pei
Published: August 2018

Development and exploitation of personal and organizational ties to the constituent parts of public authorities constitute a crucial strategy of emerging market firms. While studies of corporate political ties have generated a large body of literature, a systematic overview of this topic in the emerging market context is surprisingly lacking. This chapter identifies and highlights the latest research endeavors by management scholars to better understand how political ties influence firm outcomes. First, the chapter examines the mechanisms through which political actors and focal firms generate and appropriate relational rents. It then focuses on two key interrelationships between political ties and firm-level contingencies, respectively: (1) firms’ market-based capabilities and strategies, and (2) strategic corporate social responsibility activities. Finally, the chapter investigates how the interplay of sociopolitical institutions and political ties shapes corporate outcomes. It concludes by offering suggestions for future research agendas.
Extracting S&P500 and NASDAQ Volatility: The Credit Crisis of 2007–2008
Authors: Quintana José Mario , Carvalho Carlos , Scott James , Costigliola Thomas
Published: August 2018

This article demonstrates the utility of Bayesian modelling and inference in financial market volatility analysis, using the 2007-2008 credit crisis as a case study. It first describes the applied problem and goal of the Bayesian analysis before introducing the sequential estimation models. It then discusses the simulation-based methodology for inference, including Markov chain Monte Carlo (MCMC) and particle filtering methods for filtering and parameter learning. In the study, Bayesian sequential model choice techniques are used to estimate volatility and volatility dynamics for daily data for the year 2007 for three market indices: the Standard and Poor’s S&P500, the NASDAQ NDX100 and the financial equity index called XLF. Three models of financial time series are estimated: a model with stochastic volatility, a model with stochastic volatility that also incorporates jumps in volatility, and a Garch model.
Models for demography of plant populations
Authors: Gelfand Alan , Sahu Sujit K.
Published: August 2018

This article discusses the use of Bayesian analysis and methods to analyse the demography of plant populations, and more specifically to estimate the demographic rates of trees and how they respond to environmental variation. It examines data from individual (tree) measurements over an eighteen-year period, including diameter, crown area, maturation status, and survival, and from seed traps, which provide indirect information on fecundity. The multiple data sets are synthesized with a process model where each individual is represented by a multivariate state-space submodel for both continuous (fecundity potential, growth rate, mortality risk, maturation probability) and discrete states (maturation status). The results from plant population demography analysis demonstrate the utility of hierarchical modelling as a mechanism for the synthesis of complex information and interactions.
Combining monitoring data and computer model output in assessing environmental exposure
Authors: Low Choy Samantha , Murray Justine , James Allan , Mengersen Kerrie
Published: August 2018

This article discusses an approach that combines monitoring data and computer model outputs for environmental exposure assessment. It describes the application of Bayesian data fusion methods using spatial Gaussian process models in studies of weekly wet deposition data for 2001 from 120 sites monitored by the US National Atmospheric Deposition Program (NADP) in the eastern United States. The article first provides an overview of environmental computer models, with a focus on the CMAQ (Community Multi-Scale Air Quality) Eta forecast model, before considering some algorithmic and pseudo-statistical approaches in weather prediction. It then reviews current state of the art fusion methods for environmental data analysis and introduces a non-dynamic downscaling approach. The static version of the dynamic spatial model is used to analyse the NADP weekly wet deposition data.
Characterizing the uncertainty of climate change projections using hierarchical models
Authors: Carvalho Carlos , Rickershauser Jill
Published: August 2018

This article focuses on the use of Bayesian hierarchical models for integration and comparison of predictions from multiple models and groups, and more specifically for characterizing the uncertainty of climate change projections. It begins with a discussion of the current state and future scenarios concerning climate change and human influences, as well as various models used in climate simulations and the goals and challenges of analysing ensembles of opportunity. It then introduces a suite of statistical models that incorporate output from an ensemble of climate models, referred to as general circulation models (GCMs), with the aim of reconciling different future projections of climate change while characterizing their uncertainty in a rigorous fashion. Posterior distributions of future temperature and/or precipitation changes at regional scales are obtained, accounting for many peculiar data characteristics. The article confirms the reasonableness of the Bayesian modelling assumptions for climate change projections' uncertainty analysis.
Sequential multilocation auditing and the New York food stamps program
Authors: Heiner Karl W. , Kennedy Marc , O'Hagan Anthony
Published: August 2018

This article discusses the use of Bayesian methods in analysing data that evolve over time in sequential multilocation auditing. Using the New York food stamps program as a case study, it proposes a model that incorporates a nonparametric component for the error magnitudes (taints), a hierarchical model for overall error rates across counties and parameters controlling the variation of rates from one year to the next, including an overall trend in error rates. The article first provides an overview of the New York food stamps program, along with the auditing concepts and terminology, before introducing the Bayesian model. This model is used to examine a sample of individual awards of food stamps to see if the value awarded is correct according to the rules of the scheme. The model makes it possible to smooth estimation of error rates and error classes in small counties across counties and through time.
Designing and analysing a circuit device experiment using treed Gaussian processes
Authors: Lee Herbert K.H. , Taddy Matthew , Gramacy Robert , Gray Genetha
Published: August 2018

This article describes a new circuit device, developed in collaboration with scientists at Sandia National Laboratories, based on treed Gaussian processes (TGP). The circuit devices under study are bipolar junction transistors, which are used to amplify electrical current. To aid with the design of the device, a computer model predicts its peak output as a function of the input dosage and a number of design parameters. The methodology also involves a novel sequential design procedure to generate data to fit the emulator. Both physical and computer simulation experiments are performed, and the results show that the TGP model can be useful for spatial data and semiparametric regression in the context of a computer experiment for designing a circuit device, for sequential design of (computer) experiments, sequential robust local optimization, validation, calibration, and sensitivity analysis.
Bayesian approaches to aspects of the Vioxx trials: Non-ignorable dropout and sequential meta-analysis
Authors: Cheng Jerry , Madigan David
Published: August 2018

This article discusses Bayesian approaches to aspects of the Vioxx trials study, with a focus on non-ignorable dropout and sequential meta-analysis. It first provides a background on Vioxx, a COX-2 selective, non-steroidal anti-inflammatory drug (NSAID) approved by the FDA in May 1999 for the relief of the signs and symptoms of osteoarthritis, the management of acute pain in adults, and for the treatment of menstrual symptoms. However, Vioxx was found to cause an array of cardiovascular side-effects such as myocardial infarction, stroke, and unstable angina. As a result, Vioxx was withdrawn from the market. The article describes an approach to sequential meta-analysis in the context of Vioxx before considering dropouts in the key APPROVe study. It also presents a Bayesian approach to handling dropout and showcases the utility of Bayesian analysis in addressing multiple, challenging statistical issues and questions arising from clinical trials.
Paternity testing allowing for uncertain mutation rates
Authors: Popova Elmira , Morton David , Damien Paul , Hanson Tim
Published: August 2018

This article discusses the use of probabilistic reasoning to analyse a disputed paternity case, where the DNA genotypes are compatible on all markers but one, allowing for the possibility of mutation, when the mutation rate is itself uncertain. It first describes the construction and Bayesian analysis of a suitable model for paternity testing, taking into account the potentially misleading effect of genetic mutation and allowing for mutation rate uncertainty, before introducing the simplest type of disputed paternity case. It then considers a specific disputed paternity case, in which an apparent exclusion at a single marker could indicate either non-paternity or mutation, as well as the features of the mutation process that need to be accounted for in the analysis. The results of a simple analysis of the specific disputed paternity case are examined and the analysis is set in the broader context of DNA profiling and forensic genetics.
Germanic Law
Authors: Shoemaker Karl
Published: August 2018

Early medieval legislation is a phrase intended to encompass the written legal traditions of the western European peoples who inherited the fragmenting provinces of the Roman Empire in the late fifth century and developed political communities over the next four centuries. While almost all the legislation produced by early medieval peoples was done in conscious emulation of Roman modes of authority, it possesses some features which makes it unique. Chief among these differences was a tendency to treat all wrong as emendable, and to set prices for various types of offences including homicide and theft. While a wealth of early medieval legislation survives, we have very little evidence that any of it was used to supply rules for decisions in formal legal proceedings. The primary importance of early medieval legislation was that it was a marker of sovereignty, not that it had practical uses. Only in the ninth century and afterward do we find legislation copied and circulated in forms that appear aimed at practical judicial application.
Structure of Medieval Roman Law
Authors: Hallebeek Jan
Published: August 2018

At the beginning of the twelfth century a university emerged at Bologna where the study of Roman law was taken up. The first generations of scholars, the glossators, interpreted the Corpus iuris civilis in its medieval shape (subdivided into five volumes) and produced various types of scholarly works: glosses, lecturae, summae, etc. Learned jurists of the fourteenth and fifteenth centuries, the commentators, continued the exegetical work of their predecessors. They no longer wrote glosses, but continuous commentaries. Moreover, they produced consilia, advisory opinions given in view of specific court cases. By this time the study of Roman law had spread over major parts of southern Europe. With the dissemination of canon law and the foundation of universities, the knowledge of Roman law could also spread to more northern regions, penetrate into legal practice, and lay the foundation of a common legal culture on the continent: the ius commune.
Substance of Medieval Roman Law
Authors: Rüfner Thomas
Published: August 2018

The medieval jurists had to adapt the rules of ancient Roman law to the needs of their time. Not all these adaptations can be viewed positively. Justinianic law provided the legal framework for the late medieval resurgence of chattel slavery. Serfdom was also accommodated within the Roman law of persons. On the other hand, restrictions on the ability of women to participate in business were relaxed. A theory of legal personality was developed. In property law, the jurists conceptualized feudal tenure as a form of quasi-ownership. The renaissance of the Roman testament transformed the law of succession. The elaboration of a doctrine of change of circumstances was an important step in the development of contract law. The scope of delictual liability was enhanced and the groundwork for a theory of vicarious liability was laid. Despite grave blemishes, the modernization of Roman law is a remarkable achievement of the medieval jurists.
Holy Roman Empire of the German Nation
Authors: Schmoeckel Mathias
Published: August 2018

‘The Holy Roman Empire of the German Nation’ cannot easily be explained in the terms of modern states. Deriving its authority from ancient history, it still upheld the aspiration to represent Christian society in secular affairs. Modern notions can hardly describe the structure and the ambition of the empire. The official denomination refers to essential features, which are used here as the fundamental descriptions. Like the four ‘notae’ of the Church in the tradition of the Nicaean creed, these terms may give access to an understanding of the mission and principle errands of the empire. The ‘empire’, therefore, assumes superiority over all other territories. It is ‘holy’ because it protects the one and only Church and ‘Roman’ due to its origin and its aspirations. Furthermore, ‘German nation’ indicates the slow integration into the system of European states.
The Invention of National Legal History
Authors: Rückert Joachim
Published: August 2018

The chapter undertakes the first European overview up to the present and a comparison of the main European variations with its significant differences and communalities. European legal history is a product of special historiographies. The decisive contexts were the legal humanism and the monarchical state-nationalism of the seventeenth century. Legal history now was understood as task of legitimation, integration, and differentiation. The scientific basis was a new critical method. In the late eighteenth century the task became a modern national drive and was concentrated on state and folk. At the same time the genre was widened in nearly all branches of law. The three pioneers and model cases, namely Hermann Conring (1643) with K.F. Eichhorn (1808), Claude Fleury (about 1670), and Matthew Hale (about 1670), are analysed intensively.
Jurisdiction, Political Authority, and Territory
Authors: Müßig Ulrike
Published: August 2018

The rise of royal power coincided with the emergence of supreme courts throughout Europe from the thirteenth century onwards. The differentiation of legal business and the institutionalization of a judicial section concerned the interface of jurisdiction, political authority, and territory. The commitment to streamline the administration of justice and to provide access to courts was the major catalyst for pre-state unification, and legal theorists advocated limits on the extent of a legal purview. These limits resolved themselves into ordinary competences and jurisdictions or, in other words, what constitutes a court as a court of law. The attempts to resolve these issues had a common forebear in the canon law of the Church, exemplified by the legal discourses of the Roman-canonical process, the so-called ordines iudiciarii. However, European court systems developed along divergent paths concerning jurisdiction, political authority, and territory, as each sought to balance sovereignty and the legal order.
Public Law before ‘Public Law’
Authors: Sordi Bernardo
Published: August 2018

The chapter analyses the historical significance of the distinction between public and private law. Despite the precise and remote Roman origins, it was only at the beginning of the nineteenth century that such distinction became a crucial dichotomy in continental Europe, thanks to Kant’s and Savigny’s theoretical premises. Until then, public law had been following very different paths. In France, in the sixteenth century, public law ran parallel to the evolution of the national state; in Germany, the parallelism was with the Holy Roman Empire, despite its progressive decline. In Italy, the term ‘public law’ emerged only at the end of the eighteenth century, almost at the same time of the rift caused by the French Revolution. In England, the development of individual rights between the sixteenth and seventeenth centuries gave way to modern constitutionalism, but at the same time made common law intrinsically immune to the private–public law dichotomy.
The Law of the Holy Roman Empire of the German Nation
Authors: Oestmann Peter
Published: August 2018

The Holy Roman Empire had no written constitution, but only some basic laws. Seven prince-electors elected the emperor but the political power shifted increasingly to the territories with their secular or ecclesiastical rulers. The empire passed only a few formal laws; however, the Constitutio Criminalis Carolina (1532) became one of the most important criminal codes of early modern Europe. In general, there was a mixture of ius commune, territorial statutes, and local customs. On the other hand, a well-developed court system with the Imperial Chamber Court and the Imperial Aulic Council symbolized the status of Germany as a formal country of rule of law. The harmonization of courts via the privilegia de non appellando and the harmonization of law due to the transmission of files contributed to a relatively homogeneous region of German law even if the political power was split between territories of vastly differing sizes.
French Law and its Expansion in the Early Modern Period
Authors: Dauchy Serge
Published: August 2018

The history of French law in the early modern period is characterized by gradual unification, rationalization, and centralization. From the fifteenth century, the central authorities started the official registration of customary law, seeking to implement more legal uniformity and security. The homologation process resulted in the publication of doctrinal treatises, in particular about the custom of Paris, which later became the chief legal basis of the 1804 Code civil. Case law also contributed to the consolidation of private law. The sixteenth and seventeenth centuries are marked by the political commitment of the monarchy to codify law in order to achieve legal and procedural unification, assert royal legislation as the main source of law, and contribute to France’s commercial and colonial policy. The great ordinances of Louis XIV and the custom of Paris were indeed transplanted to Canada and Louisiana and therefore became the main expressions of France’s legal expansion.
Scandinavian Law in the Early Modern Period
Authors: Pihlajamäki Heikki
Published: August 2018

In the sixteenth and seventeenth centuries, the connection of Scandinavian to continental law increased. The reception of learned ius commune had advanced to Germany during the fifteenth century, and it was only logical that the learned legal scholarship now reached Scandinavia. Influences spread to Scandinavia through two principal channels. The centralized royal power in Denmark and Sweden needed learned legal experts to deal with their European counterparts. The Scandinavian royal chanceries therefore hired German, or sometimes Dutch, legal professionals to represent them in diplomatic negotiations and to counsel them in legal questions. The number of Swedes and Danes studying in foreign universities rose, and domestic universities were founded as well. The establishment of the high courts in the sixteenth and seventeenth centuries caused, if not an influx of ius commune into the legal practice, at least an increasing influence of common European legal scholarship.
Abandoning the Nationalist Framework
Authors: Modéer Kjell Å
Published: August 2018

This chapter is about the relations between the national legal system and the ‘other’—especially from the creation of the modern nation state in the early nineteenth century and up to current times. Comparative law in the twentieth century was dominated by the concept of ‘valid law’, functionalism, legal positivism and legal realism. The parameters of time and space within law were minimalized. The German law emigrés from Nazi Germany to England and the United States played a special role for the relation to comparative law, and several of these scholars played a great role for the post-war development of comparative law. Critical theories and post-colonialism have developed new legal discourses on culture and identity, and have increased interest not only in history but also in differences between legal cultures—and thus an increasing interest in comparative legal history.
The Age of Codification and Legal Modernization in Private Law
Authors: Halpérin Jean-Louis
Published: August 2018

The word ‘codification’ was invented and promoted by Jeremy Bentham. It is used by legal historians to grasp the movement that leads to the writing down of systematized codes, notably of civil codes, in continental Europe from the end of the eighteenth century to the aftermath of the Second World War. This chapter focuses on the diversity of codes and on the different policies of codification that were implemented in Europe during the period beginning with the Prussian General Code, the Napoleonic Code, or the Austrian Civil Code (1794–1811) and finishing with the German, Swiss, and Greek Civil Codes (1900–46). As political and social programmes, civil codes were the vectors of new conceptions and rules about family, property, and contract. The comparative perspective includes some developments about the so-called modernization of English private law that used other channels than codification.
Legal Formalism and its Critics
Authors: Haferkamp Hans-Peter
Published: August 2018

Formalism is something bad. No one has ever referred to himself or herself as a formalist. Formalism amounts to an accusation and is an expression of anti-formalism. Formalists are portrayed as defending one-sided, often farcical views. Up to this day, this impedes access to the world these formalists inhabited, who actually thought on a more nuanced level than their critics. On top of that, formalism has always been used as a vague, polemic catchphrase, to describe a large number of different problems in a variety of contexts. In order to understand formalism, one must unravel these strands of discourse again. Four problem areas are distinguished on a historical level: anti-formalism as (1) a criticism of logical classifications of the positive law; (2) a criticism of the individualism of private law; (3) a criticism of a jurisprudence and judiciary considered to be out of touch with the world, as well as; (4) a criticism of the model of the separation of powers and the disregard for natural law.
A More Elevated Patriotism
Authors: Koskenniemi Martti , Kari Ville
Published: August 2018

This chapter explores the origins of the disciplines of international and comparative law in nineteenth-century Europe. It charts in broad terms the emergence of comparative studies of law in France, Germany, Britain, and elsewhere among jurists and scholars who sought to deploy the language of law in the service of both universal and domestic ‘civilization’. In an age of rapid societal, economic, constitutional, and technological change, a progressive spirit of development of the law in all its dimensions thrived in a constant intercourse between the national, colonial, and international legal spheres of thought. Later in the century, various specialized branches of cosmopolitan legal studies including international law and comparative law branched off to their own academic and institutional fields. These nonetheless continued to share many ideas about universal justice, the liberal ideals, the role of Europe in the world, and other matters.
European Twentieth-Century Dictatorship and the Law
Authors: Stolleis Michael
Published: August 2018

Between 1900 and 1920 some of the great old political orders broke down, the Chinese and the Russian Empire, the monarchy of the Habsburgs, and the German Reich. Uncertainties and anxieties about the future caused a broad deviation from the ideas and promises of liberalism, parliamentary democracy, and international law. Everywhere anti-liberal authoritarian movements organized themselves. The contribution concentrates on the German law under the Swastika, especially on the ambivalences between the traditional rule of law and the destructive dynamic of the SS-state, which led into emigration, the Second World War, and the Holocaust. The German example is paradigmatic, no doubt. But the observations can be universalized in a world with an increasing number of authoritarian regimes.
Classical and Post-Classical Roman Law
Authors: Plessis Paul du
Published: August 2018

This chapter surveys Roman law as an important influence upon the development of law in the European legal tradition. Starting with the origins of the Roman state in the myth of Romulus and Remus, it provides an account of the main constitutional structures of the Roman state across time. These structures provide the backdrop for a larger discussion of the nature of Roman law, the sources of law, and the changes to the Roman legal order. The chapter ends with the ‘fall’ of the Western Empire in the fifth century ad and leaves the discussion of Justinianic Roman law to another chapter elsewhere in this volume.
Consciousness and its Disorders
Authors: Oyebode Femi
Published: August 2018

Consciousness is the subjective state of awareness of the sensible world. This chapter focuses on the process of being conscious of something, and examines in detail the most significant abnormalities that affect consciousness. Consciousness is distinguished from attention, although both are related. The pivotal role of consciousness in phenomenology is discussed and the tensions between the understandings of consciousness in phenomenology and the manner in which abnormalities of consciousness in practice present and conflict with theoretical notions are examined. Dimensional and qualitative changes in consciousness are dealt with. Delirium, a state of global impairment of cognitive functions and reduced level of consciousness, is used as an illustration of the nature of qualitative changes of consciousness. The subjective experience of disorders of attention in schizophrenia and mood disorders are examined and illustrated by case examples. Finally, disorders of awareness, in particular unilateral neglect and related conditions, and blindsight are also described.
Public Funding of Private Religious Schools
Authors: Green Steven K.
Published: August 2018

The public funding of private religious education has been one of the more contentious issues in the history of American education and in US constitutional law. Unlike the situation in many Western democracies, the United States does not have a tradition of equal funding of public and private schools. This is based in large part on interpretations of the US Constitution and the historical development of public education in the United States. This article discusses the evolution of the “no-funding rule” from the early nineteenth century through the latest interpretations of that rule by the US Supreme Court. It demonstrates that neither the rule nor its application has remained static over time.
Introduction
Authors: Waggoner Michael D. , Walker Nathan C.
Published: August 2018

In the Introduction, co-editors Michael D. Waggoner and Nathan C. Walker articulate the purpose of The Oxford Handbook of Religion and American Education, which is to examine the current state of religion and American education from homeschooling to private religious schools to public schools to religious institutions and on through the range of public and private higher education. They explain that the book is organized into five sections: Frameworks; Lifespan Faith Development; Faith-Based K-12 education; Religion and Public Schools; and Religion and Higher Education. Within these sections forty leading scholars in the field of religion and education, review these topics in thirty chapters. The contributors offer an in-depth synthesis of major issues within the field, while contributing to lively debates about the links between landmark research contributions and contemporary research agendas. Designed for an interdisciplinary audience, the Oxford handbook serves as a legacy project for leading scholars who are critically shaping the future direction of the field of religion and American education.