bluuebunny/crossref_metadata_2025 huggingface dataset:
The Doctrine of the Providential Function of Commerce in International Law
Authors: Porras Ileana M.
Published: September 2017

This chapter explores the doctrine of the providential function of commerce in the work of Francisco de Vitoria (c. 1492–1546), Alberico Gentili (1552–1608), and Hugo Grotius (1583–1645). In this chapter, I argue that the doctrine’s persuasive power lies in the interplay between two factors. First is the fact that while the doctrine is not in origin a religious doctrine, its elements and its narrative logic carried an unmistakable religious sensibility that became indissolubly associated with international trade. But the doctrine’s true efficacy lies in a more subtle internal effect. In essence, the doctrine, which holds at its core an act of exchange among distant peoples, allowed its adherents to idealize international trade by blurring the distinction between the act of commercial exchange and that of gift-exchange. In this manner, international exchange came to be portrayed as an act of friendship and community recognition, rather than a commercial act between strangers.
The Law of Nations at the Origin of American Law
Authors: Kahn Paul W.
Published: September 2017

This chapter proposes a new way of understanding the relationship between domestic law and the law of nations in the late eighteenth and early nineteenth century. It develops a theoretical structure by elaborating two competing models of order: project and system. These models differ fundamentally in their understanding of the source of order: a project relies on an external principle of order; a system relies on an immanent principle of order. Modern ideas of law have had to negotiate the tension between project and system. This paper argues that in the early American Republic, one locus of this tension was in the relationship of domestic, constitutional law to the law of nations, and that the reconciliation took the form of a theodicy.
Unperfect Histories
Authors: Archer Harriet
Published: September 2017

The Mirror for Magistrates, the collection of de casibus complaint poems in the voices of medieval rulers and rebels compiled by William Baldwin in the 1550s, was central to the development of imaginative literature in the sixteenth and early seventeenth centuries. Additions by John Higgins, Thomas Blenerhasset, and Richard Niccols between 1574 and 1610 extended the Mirror’s scope, shifted its focus, and prolonged its popularity; in particular, the texts’ later manifestations profoundly influenced the work of Spenser and Shakespeare. Unperfect Histories is the first monograph to consider the text’s early modern transmission history as a whole. In chapters on Baldwin, Higgins, Blenerhasset, and Niccols’s complaint collections, it demonstrates that the Mirror is an invaluable witness to how verse history was conceptualized, written, and read across the period, and explores the ways in which it was repeatedly reinterpreted and redeployed in response to changing contemporary concerns. The Mirror corpus encompasses topical allegory, nationalist polemic, and historiographical scepticism, as well as the macabre humour and metatextual play which have come to be known as hallmarks of Baldwin’s mid-Tudor writings. What has not been recognized is the complex interaction of these themes and techniques right across the Mirror’s history. Higgins, Blenerhasset, and Niccols’s contributions are analysed for the first time here, both within their own literary and historiographical contexts, and in dialogue with Baldwin’s early editions. This new reading offers a lively account of the texts’ depth and variety, and provides insight into the extent of the Mirror’s influence and ubiquity in early modern literary culture.
Baldwin’s Mirror, 1554–1610
Authors: Archer Harriet
Published: September 2017

The first chapter explores the development of the original collection of Mirror complaints in the voices of late medieval kings and rebels, sometimes known as ‘Baldwin’s Mirror’, from its suppression under Mary I, through its Elizabethan metamorphoses, to its final Jacobean iteration. The chapter aims to reframe discussion of the text together with its recensions, to effect a holistic analysis of the work’s reception and adaptation, instead of perpetuating the structural antagonism between phases in the corpus’s expansion. In particular, it addresses the editorial alterations made during the 1570s, the apex of the collection’s popularity, which shaped the direction in which later additions would develop, and the ways in which the complaints added in 1578, 1587, and 1610 build on Baldwin’s interrogation of historiographical transmission and unreliability.
Richard Niccols’s Mirour for Magistrates (1610)
Authors: Archer Harriet
Published: September 2017

The final chapter addresses Richard Niccols’s ghost complaint collection, A Winter Nights Vision, and the edition to which it was appended in 1610. It reflects on the changed political and literary landscape within which Niccols situates his new Mirror, and considers potential explanations for the collection’s declining popularity. Niccols made substantial editorial changes, perpetuating the narrative of imperfection which had characterized its Elizabethan evolution. Using Niccols’s wider oeuvre and late Elizabethan influences to reconstruct a picture of his ethical and aesthetic priorities, this chapter presents the Jacobean revisions to the text as part of a coherent political project. Propounding the militant Protestantism of the Jacobean Spenserians, Niccols is seen to mobilize a monumental Elizabethan publication to reinforce his dissatisfaction with James I’s regime. Attention to Niccols’s revisions also shows his clear investment in the shoring up of historiographical stability, even as he refashions the text to suit his oppositional agenda.
This Carthage, Sirs, was Venice
Authors: Publicover Laurence
Published: September 2017

This short chapter discusses the origin of the critical term ‘intertheatricality’ and asks how it can be used to think about early modern dramatic geography. Employing the surviving manuscript of Philip Massinger’s Believe as You List as a symbol for how intertheatrical geography operates, the chapter makes the argument for a more author-centred approach to the study of intertheatricality than has been common within existing scholarship. Finally, it discusses the relationship between romance and intertheatricality, arguing that early modern playwrights staging the Mediterranean constructed that geographical space not simply through one another’s plays, but moreover through engagements with one another’s romance strategies.
Re-Thinking Romance
Authors: Publicover Laurence
Published: September 2017

This chapter argues that The Fair Maid of the West’s dramatic geography allows its playwright, Thomas Heywood, to join the intertheatrical conversation regarding the relationship between romance and commerce that had been initiated by Marlowe and Shakespeare, and to ask further questions concerning the relevance of chivalric ideals in late-Elizabethan England. Reading Heywood’s play as part of a wider debate about birth and nobility in early modern England, the chapter focuses in particular on how, by placing the working-class heroine Bess Bridges at the centre of a romance narrative, The Fair Maid is able to challenge the aristocratic and masculinist values generally inscribed within the tradition.
Intertheatricality and Propaganda
Authors: Publicover Laurence
Published: September 2017

This chapter analyses the ways in which the collaborative drama The Travels of the Three English Brothers defends the Sherley brothers’ real-world political endeavours across Europe and Persia through its intertheatrical negotiations. Explaining the political background of those endeavours and their controversial nature, it illustrates how the playwrights liken the Sherleys to the heroes of dramas that had been popular on the early modern stage over the preceding twenty years, in particular Tamburlaine and The Merchant of Venice. It also examines the significance of Francis Beaumont’s specific parody, in The Knight of the Burning Pestle, of an episode in Travels in which the Persian Sophy acts as godfather to the child of Robert Sherley. The chapter concludes with a discussion of the role of playing companies in shaping dramatic output.
The All-Powerful, Perfectly Good, and Free God
Authors: Byerly T. Ryan
Published: September 2017

This paper argues that to be omnipotent is to possess all the powers. This view accommodates the demands and insights of the literature on omnipotence quite well while overcoming difficulties faced by alternative accounts of omnipotence. At the same time, the account makes available equally attractive resolutions of two puzzles: one concerning the compatibility of omnipotence and perfect goodness and a second concerning the compatibility of perfect goodness and divine freedom. In the course of articulating solutions to these puzzles, novel suggestions are proposed about divine self-control and about how best to understand the principle of alternative possibilities, while engaging with relevant literature on topics such as the truth conditions of counterpossible conditionals, the neo-Aristotelian view of powers and dispositions, and the interpretation of so-called “Luther cases.”
The Evidential Weight of Social Evil
Authors: Corabi Joseph
Published: September 2017

Social evil—pain and suffering caused by game-theoretic interactions among agents—has recently received attention as a newly recognized and potentially problematic kind of evidence against theism. After an initial introduction to social evil and discussion of why it might be thought to constitute evidence against theism, I argue that social evil is in fact much rarer than it might initially appear to be, at least when we adopt a Christian ethical framework. In addition, I argue that the genuine social evils that remain after scrutiny do not provide significant new evidence against the existence of God.
Wagering on Pragmatic Encroachment
Authors: Eaton Daniel M. , Pickavance Timothy H.
Published: September 2017

Pragmatic encroachment, the view that knowledge is sensitive to one’s practical situation, is a marked departure from traditional epistemology. What follows from this view? This chapter gives a partial answer by defending the following conditional: If pragmatic encroachment is true, then it takes more evidence to know that atheism is true than to know that God exists. The chapter begins by introducing and unpacking the technical term ‘practical adequacy’ and then uses it to define pragmatic encroachment. It then connects this version of pragmatic encroachment and Pascal’s Wager. The connection yields an argument for the thesis of the chapter. Importantly, no stand is taken here as to whether one ought to affirm the antecedent or deny the consequent of this conditional. Maybe it takes more to know that atheism is true, but maybe this version of pragmatic encroachment is false.
The Skeptical Christian
Authors: Howard-Snyder Daniel
Published: September 2017

This chapter is a detailed study of William P. Alston’s view on the nature of Christian faith, which is assessed in the context of three problems: the problem of the skeptical Christian, the problem of faith and reason, and the problem of the trajectory. Although Alston intended a view that would solve these problems, the view he sets out does so only superficially. Fortunately, this view can be distinguished from Alston’s illustrations of it, and it is argued in this chapter that, although Alston’s view only superficially solves these problems, his illustrations of it suggest a substantive way to solve them, a way that is sketched briefly.
Benet Perera’s Pious Humanism: Aristotelianism, Philology, and Education in Jesuit Colleges. An Edition of Perera’s Documenta quaedam perutilia
Authors: Casalini Cristiano , Sander Christoph
Published: September 2017

This chapter discusses the philosophical pedagogy of Benet Perera (1535–1610) through an analysis and transcription of his treatise on the useful, error-free study of Christian philosophy, the Documenta quaedam perutilia iis qui in studiis philosophiae cum fructu et sine ullo errore versari student. It places Perera’s treatise within its historical context—that of the Jesuit Roman college of the 1560s—in order to elucidate how his promotion of his own idea of a Christian philosophy for schools provoked criticism among his fellow Romans Diego de Ledesma and Achille Gagliardi. It shows the position of Perera’s project within the multiple forms of Aristotelianism in the early modern period and how Perera was able to justify his own position as ‘sufficiently pious’ through his emphasis on philology as an approach to philosophy. Perera came up with a strictly Christian philosophy curriculum by integrating different trends of Aristotle’s philosophy into his own, even including approaches that were considered impious by some of his fellow Jesuits.
The Messiah Promised in the Holy Scripture Came a Long Time Ago
Authors: Lewis Marilyn A. , Secci Davide A. , Hengstermann Christian , Lewis John H. , Williams Benjamin
Published: September 2017

This chapter presents an English translation of George Rust’s two poems, contained in his Latin academic text entitled Act Verses: Scripture teaches the resurrection from the dead, and reason does not contradict this and The soul, separated from the body, does not sleep. In the first poem, Rust says ‘Whoever is guided by God and reason, the mind’s two eyes, sails safely like the one whose course follows the light of the twin stars, Castor and Pollux. We call upon these two lights as our two sacred witnesses that human souls, separated from their earthly burden, will not therefore be perpetually cast about naked once they have put off their body and material covering’. In the second poem, Rust claims that ‘The pure mind will exult on the summit of Olympus, free from sleep and joining the angelic choirs. The impure and guilty soul is tormented by its own Erinys, wide awake, being relentlessly beset by its own Furies’.
John Warren’s Lectures on Anatomy, 1783–1812
Authors: Somos Mark
Published: September 2017

This chapter presents an English translation of selected passages from John Warren’s Lectures on Anatomy, delivered between 1783 and 1812. Most of the lectures deal with technical aspects of anatomy, ranging from the structure and parts of the body through characteristics of bones and ligaments to making anatomical preparations. Here Warren offers valuable insights into American medical history and progress. The present selection focuses on the history and theory of anatomy that Warren taught as part of his course over the first three decades in the history of Harvard Medical School (HMS). Warren was one of the founders of HMS on September 19, 1782, with Aaron Dexter and Benjamin Waterhouse. He served as the school’s first Professor of Anatomy and Surgery.
To Bumble or not to Bumble: The Design and Reshaping of Universities in Britain and America Since 1960
Authors: Rothblatt Sheldon
Published: September 2017

This chapter reviews the books Reshaping the University, The Rise of the Regulated Market in Higher Education (2014), by David Palfreyman and Ted Tapper; Reengineering the University: How to be Mission Centered, Market Smart and Market Conscious (2016), by William F. Massy; and Designing the New American University (2015), by Michael M. Crow and William B. Dabars. All three texts are concerned with similar issues, but Reshaping the University analyses them within the history of policymaking in Britain, mainly England, since about 1960. The other two books establish ideal-type universities known as ‘the traditional university’ and ‘generic public university’. All of the authors argue that the academic barons have ignored many of the market signals—or they have misread them. The result is that in elevating ‘abstract knowledge’ beyond problem-solving, and in placing individual and institutional reputation above public service, universities are neglecting their primary responsibilities.
Andrew Reeves, Religious Education in Thirteenth-Century England: The Creed and Articles of Faith (Leiden: Brill, 2015), 218pp. ISBN: 9789004294431
Authors: Davis Virginia
Published: September 2017

This chapter reviews the book Religious Education in Thirteenth-Century England: The Creed and Articles of Faith (2015), by Andrew Reeves. The book explores how the church ensured that laymen and women in the thirteenth century acquired at least a basic understanding of the doctrines of the Christian religion as exemplified in the Apostles Creed and Articles of Faith. In particular, Reeves examines the nature and extent of the transmission of the theological education developed in the Schools, particularly of Paris, to local parish priests and to their parishioners in the thirteenth century. The focus is on the period between the Fourth Lateran Council of 1215 and 1281. The author also highlights the emphasis placed by thirteenth-century pastoral care on sin and its remedies.
Heather Ellis, Generational Conflict and University Reform. Oxford in an Age of Revolution (Leiden/Boston: Brill, 2012), viii + 257. ISBN: 9789004225527; E-ISBN: 9789004233164
Authors: Curthoys Mark
Published: September 2017

This chapter reviews the book Generational Conflict and University Reform. Oxford in an Age of Revolution (2012), by Heather Ellis. The book examines the changes in the curriculum, examination system, and institutional structures at the University of Oxford between 1714 and 1854 in the light of what it considers a growing tension between undergraduates and their tutors. It argues that generational conflict between seniors and juniors was a key factor in the reform process at Oxford. It also points to the revolutionary tendencies of Oxford students, hitherto regarded as overwhelmingly conservative and supportive of the established order, while also calling into question the assumed cohesion of the British elite. The book treats the university’s new examination statue of 1800 as a pivotal moment.
Dan Inman, The Making of English Theology: God and the Academy at Oxford (Minneapolis: Fortress Press, 2014). ISBN: 9781451469264
Authors: Zachhuber Johannes
Published: September 2017

This chapter reviews the book The Making of English Theology: God and the Academy at Oxford (2014). by Dan Inman. The book offers an account of a fascinating and little known episode in the history of the University of Oxford. It examines the history of Oxford’s Faculty of Theology from the early nineteenth century to the middle of the twentieth. In particular, it revisits the various attempts to tinker with theology at Oxford during this period and considers the fierce resistance of conservatives. Inman argues that Oxford’s idiosyncratic development deserves to be taken more seriously than it often has been, at least by historians of theology.
Jean Grier and Mary Bownes, Private Giving, Public Good: The Impact of Philanthropy at the University of Edinburgh (Edinburgh: Edinburgh University Press, 2014), vi+218pp. ISBN: 9780748699575
Authors: Anderson Robert
Published: September 2017

This chapter reviews the book Private Giving, Public Good: The Impact of Philanthropy at the University of Edinburgh (2014), by Jean Grier and Mary Bownes. The book offers an account of ‘private giving’, focusing primarily on recent gifts and drawing on the case of the University of Edinburgh. It shows that Scottish universities lacked the inherited wealth of Oxford and Cambridge. In the nineteenth century they received significant support from the state, but from the 1860s also made serious efforts to appeal to private donors and build up endowments. There is a chapter devoted to ‘research and scholarship’, which illustrates some of the problems of relying on private philanthropy. Another chapter deals with ‘bursaries, scholarships, and prizes’—once a favourite field for individual legacies and donations, and for the Carnegie Trust.
John W. Boyer, The University of Chicago: A History (Chicago: University of Chicago Press, 2015), 676pp. ISBN: 9780226242514
Authors: Geiger Roger L.
Published: September 2017

This chapter reviews the book The University of Chicago: A History (2015), by John W. Boyer. Founded in 1892, the University of Chicago is one of the world’s great institutions of higher learning. However, its past is also littered with myths, especially locally. Furthermore, the university has in significant ways been out of sync with the trends that have shaped other American universities. These issues and much else are examined by Boyer in the first modern history of the University of Chicago. Aside from rectifying myth, Boyer places the university in the broader history of American universities. He suggests that the early University of Chicago, in its combination of openness and quality, may have been the most democratic institution in American higher education. He also examines the reforms that overcame the chronic weaknesses that had plagued the university.
Tomás Irish, The university at war, 1914–25. Britain, France, and the United States (Basingstoke: Palgrave Macmillan, 2015), x + 254 pp. ISBN: 9781137409447
Authors: Anderson Robert
Published: September 2017

This chapter reviews the books The university at war, 1914–25. Britain, France, and the United States (2015) and Trinity in war and revolution, 1912–1923 (2015), both by Tomás Irish. In The university at war, Irish argues that the three western allies—Britain, France, and the United States—had a concerted campaign to mobilise academic ideals as a weapon against Germany during World War I, and as a way of strengthening cooperation among themselves. He shows that American universities were engaged in this project from the start. He also examines a number of significant issues, including the anti-war movements in Britain and America, debates on academic freedom in America, and the promotion of student exchanges in a spirit of internationalism. The broad perspectives of Irish’s general study are complemented by his history of Trinity College Dublin.
Michael Segre, Higher Education and the Growth of Knowledge. A Historical Outline of Aims and Tensions (New York/London: Routledge, 2015), 197pp. ISBN: 9780415735667
Authors: Livesey Steven J.
Published: September 2017

This chapter reviews the book Higher Education and the Growth of Knowledge. A Historical Outline of Aims and Tensions (2015), by Michael Segre. Comprised of eleven chapters, Segre’s book presents a historical account of how many closed aspects of the university comprise a ‘superfluous heritage’. Segree does so by drawing on Karl Popper’s The Open Society and its Enemies (1945). Beginning with ancient Near Eastern literate societies, Segre traces the history of education and learning through the European medieval, Renaissance, and early modern universities, Enlightenment technological schools and Humboldtian reform movements. He also looks at contemporary American and European institutions that have expanded their reach worldwide. Along the way, Segre discusses the closures that restricted the growth of knowledge in the Western tradition.
Word Studies in the Renaissance
Authors: Stein Gabriele
Published: September 2017

The rediscovery of the classical texts of Greek and Latin antiquity, the progress in the sciences, and the immense extension of the geographical knowledge of the world during the Renaissance created an unparalleled need for vocabulary expansion in the European languages. Latin was still the language of learning, but a growing nationalism called for a lexical development in the vernaculars. The printing press made possible the production of dictionaries and their wide dissemination. Sixteenth-century Europe is linguistically characterized by a high productivity in dictionary publications. These are pan-European in character: they are based on the same Greek and Latin source texts, the same recognized authorial texts of the leading contemporary experts, they are polyglot for tradespeople and travellers, and they are multilingual for an educated readership. The present book investigates the relationship between these polyglot and multilingual works, demonstrates the influence of European scholarship (e.g. Ambrogio Calepino, Conrad Gesner, Hadrianus Junius, Robertus Stephanus), describes the authorial stance in word explanations, morphological analyses, and translations, and provides the first account of how early printers used typography to present the compiler’s lexical information on the page.
Claudius Hollyband: The author behind the lexicographer
Authors: Stein Gabriele
Published: September 2017

Dictionaries are reference works to be consulted. But they can also be assessed as texts and interpreted. For this approach, which is based on a close reading of the entire lexicographical work, the term ‘lexicature’ has been suggested. The chapter takes the French–English dictionary compiled by the French Bourbonnais Huguenot Claudius Hollyband as a striking example of this new type of study. A number of criteria are identified which reveal the persona of the author behind his work. It is shown how the persona influences the description of the lexicon: in the preferences for word selection, the personal expertise or bias in the description of the meanings of words, and in the choice of examples illustrating the use of words.
John Palsgrave as a sixteenth-century contrastive linguist
Authors: Stein Gabriele
Published: September 2017

John Palsgrave is the first English lexicographer known by name. As a teacher of French to Henry VIII’s sister Mary, he set himself the task to ‘reduce the French language to rule’. His Lesclarcissement de la langue francoyse (1530) is an outstanding linguistic achievement which describes French pronunciation, explains the rules of French grammar, and includes an English–French dictionary of some eight hundred pages. Himself a dedicated teacher, Palsgrave helped his English countrymen to understand the foreign language by explicit comparisons between the differences of expression, explaining them and illustrating them with examples. The chapter presents the most striking grammatical comparisons in the use of pronouns, questions, and negation, and then focuses on the lexicon: contrasts in semantic range, idiomatic usage, sense-dependent complementation, and construction patterns.
Peter Levins’ description of word-formation (1570)
Authors: Stein Gabriele
Published: September 2017

One of the most original English lexicographical ventures in the sixteenth century was Peter Levins’ Manipulus vocabulorum (1570). This is the first English rhyming dictionary. Some nine thousand English words were arranged in the alphabetical order of their last syllable and then translated into Latin. Levins’ word selection will thus have been largely based on the sound structure of the lexical items. The long years spent by Levins on assembling and arranging the dictionary material inevitably drew his attention to English suffixes like -able, -er, -ish, -less, and -ness and such second elements in compounds as fold, garth, house, man, and yard. The column arrangement of the dictionary is thus often interrupted by explicit specifications of synchronic English word-formation patterns (and Latin correspondences).
Evaluative Framework: Legal Personality under International Law
Authors: Fortin Katharine
Published: September 2017

This chapter presents and explains the evaluative framework that the study employs when analysing armed groups and legal personality. In doing so, the chapter provides a short historical account of the manner in which international legal personality has been understood and theorized and explains how the evaluative framework will be utilized in the subsequent chapters.
Control of Territory and Human Rights Obligations of Armed Groups
Authors: Fortin Katharine
Published: September 2017

Chapter 9 considers the relevance of control of territory to the acquisition of legal obligations by armed groups. Employing the principle of ‘effectiveness’ as its starting point, the chapter conducts a detailed analysis of the rules on State responsibility, focusing in particular on Article 9. It also charts jurisprudence from the US Supreme Court, the US-Mexico General Claims Commission, and the Franco-Italian Conciliation Commission. Finding support for the idea that States may be held responsible for the impersonal acts of armed groups, the chapter explains how this case law may give rise to an argument that armed groups are bound by the international obligations of the State in instances where they control territory. It concludes by explaining how the obligations of armed groups may also originate in the continued rights of the population in the territory under their control.
Armed Groups and Crimes against Humanity
Authors: Fortin Katharine
Published: September 2017

The chapter considers the relevance of the law on crimes against humanity to explanations of how armed groups are bound by international human rights law. Exploring the two-tiered nature of crimes against humanity, it shows that responsibility for crimes against humanity exists at two levels: the level of the individual perpetrator (individual criminal responsibility) and the level of the entity behind the perpetrator (a civil responsibility). From this starting point, the chapter analyses what the case law on crimes against humanity can tell us about whether and when armed groups can commit crimes against humanity. The chapter ends by exploring the connection between crimes against humanity and human rights law in a normative sense, examining what a conclusion that armed groups can commit crimes against humanity demonstrates about their obligations under human rights law.
Armed Groups and Customary International Human Rights Law
Authors: Fortin Katharine
Published: September 2017

Chapter 11 analyses arguments that armed groups are bound by human rights law by virtue of customary international law. In doing so, the chapter draws together theories that have been explored in Chapters 7 and 9 about the relevance of territory to the acquisition of legal obligations. The chapter starts by examining the debates about how customary international human rights law binding upon armed groups should be constituted, finding that it will be formed through State practice and opinio juris. It ends by examining different articulations of the theory that armed groups are bound by customary international law by accountability mechanisms, evaluating their credence and making suggestions for their improvement.
The Obligation to Afford Reparation to Injured Individuals
Authors: Ferstman Carla
Published: September 2017

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.
Internal Adjudication by International Organizations
Authors: Ferstman Carla
Published: September 2017

This chapter considers the nature, remit, and functioning of review mechanisms established by international organizations to address grievances concerning their conduct. Do these mechanisms serve as adequate modes of redress for injured individuals and can they result in effective reparation? The practice is diverse, although the mechanisms that address claims from individuals not connected to the organization remain few. A review of the most relevant mechanisms reveals different understandings of, and degrees of adherence to, external rules and principles. For the most part, there has been little regard to the procedural and substantive rights of affected individuals explored in previous chapters. But if reparation is a right belonging to victims or even an obligation owed to them as the ultimate beneficiaries, international organizations cannot restrict their procedures and claimants’ entitlements in the pursuit of their own understanding of rules and obligations.
Introduction
Authors: Epstein Rachel A.
Published: September 2017

The paradox of financial control refers to the fact that while most governments resent or resist incursions on national bank ownership or management, European states with high levels of foreign bank ownership paid much lower costs through the recent financial crises than countries that had pursued banking sector protectionism. Europe is an ideal setting in which to investigate this paradox because extreme banking sector openness in the East coincided with banking sector protectionism in many western Eurozone countries. The otherwise homogenous institutional context of the European Union therefore revealed with precision the disparate effects of marketized bank–state ties through foreign bank ownership versus national control over banks via domestic ownership or management. While foreign bank ownership mitigated economic volatility in crises, marketized bank–state ties also limited or threatened to limit economic policy autonomy.
Catching Up in the Global Economy
Authors: Epstein Rachel A.
Published: September 2017

This chapter examines the developmental consequences of highly marketized bank–state ties in East Central Europe. The literature suggests that catching up in the global economy requires—among other things—access to capital and control over its allocation. East Central Europe, as a region, therefore, is not poised to catch up with its West European counterparts, measured in terms of income convergence. But this chapter also highlights why not all, or even most, of the post-communist countries would be well-served by asserting more political control over their banks. Measures of domestic banks’ risk containment and credit provision through the US and European economic crises show which countries had the institutional and ideational wherewithal to deploy their banks for political goals. While domestically controlled banks in Poland and Hungary served as countercyclical stabilizers, their counterparts in Latvia, Slovenia, and Bulgaria did outright damage to their economies.
Conclusion
Authors: Epstein Rachel A.
Published: September 2017

The study’s findings from Europe have implications for other major powers, including that: (1) banking sector protectionism became increasingly costly given other liberalizing trends; (2) foreign-owned bank subsidiaries can provide more stable funding in crises than alternative foreign or even domestic bank activity; (3) foreign domination in finance limited catching up in the global economy, but in fact few states showed the capacity to exploit domestic banks for national goals; and (4) centralized bank governance through European Banking Union weakened bank–state ties in Europe, and elevated the role of markets there. This chapter analyzes the relevance of the findings for the BRICS (Brazil, Russia, India, China, and South Africa). China is perhaps the clearest case of a country struggling to both liberalize and retain the economic policy autonomy associated with a largely state-controlled financial system. The conclusion specifies the broader transformation in bank–state ties, but also its limits.
Genetic Assimilation and the Paradox of Blind Variation
Authors: Pocheville Arnaud , Danchin Étienne
Published: September 2017

This chapter confronts the neo-Darwinian core tenet of blind variation, or random mutation, with classical and recent models of genetic assimilation. We first argue that all the mechanisms proposed so far rely on blind genetic variation fueling natural selection. Then, we examine a new hypothetical mechanism of genetic assimilation, relying on nonblind genetic variation. Yet, we show that such a model still relies on blind variation of some sort to explain adaptation. Last, we discuss the very meaning of the tenet of blind variation. We propose a formal characterization of the tenet and argue that it should not be understood solely as an empirical claim, but also as a core explanatory principle.
Evolvability and Its Evolvability
Authors: Minelli Alessandro
Published: September 2017

No universally accepted notion of evolvability is available, focus being alternatively put onto either genetic or phenotypic change. The heuristic power of this concept is best found when considering the intricacies of the genotype→phenotype map, which is not necessarily predictable, expression of variation depending on the structure of gene networks and especially on the modularity and robustness of developmental systems. We can hardly ignore evolvability whenever studying the role of cryptic variation in evolution, the often pervious boundary between phenotypic plasticity and the expression of a genetic polymorphism, the major phenotypic leaps that the mechanisms of development can produce based on point mutations, or the morphological stasis that reveals how robust a developmental process can be in front of genetic change. Evolvability is subject itself to evolution, but it is still uncertain to what extent there is positive selection for enhanced evolvability, or for evolvability biased in a specific direction.
Assessing the Effects and Effectiveness of the Geneva Conventions
Authors: Tannenwald Nina
Published: September 2017

This chapter describes the Geneva Conventions as an international regime—its core principles and norms, the mechanisms by which it operates, and the particular challenges it faces. It reviews theoretical arguments in the literature about the effectiveness and impact of the laws of war. It develops a theoretical framework regarding the issue of compliance with and internalization of norms that informs the analysis conducted in the empirical cases. This framework is employed by authors of the empirical chapters to assess how “internalized” (or not) the Geneva Conventions are in the practices of the countries analyzed in the volume. Finally, the chapter concludes by laying out the plan of the rest of the book.
The Origins and Evolution of the 1949 Geneva Conventions and the 1977 Additional Protocols
Authors: Mantilla Giovanni
Published: September 2017

This chapter traces the development of the 1949 Geneva Conventions from their origins in pre-1949 treaty law through the 1977 Additional Protocols and to the present. It argues that international humanitarian law (IHL) has historically emerged from a contentious mix of military interest, moral values, and emotions grounded in the traumatic episodes leading to its revision. It focuses specifically on the evolution of three general areas of IHL: the protection of combatants and prisoners of war (POWs) and captured fighters, the protection of noncombatants (or civilians), and the mechanisms for implementation and enforcement of the law. The chapter draws on novel archival research as well as key primary and secondary sources.
Geneva Convention Compliance in Iraq and Afghanistan
Authors: Arsenault Elizabeth Grimm
Published: September 2017

US compliance with the Geneva Conventions in Iraq and Afghanistan appeared to vary with the particular subject matter and battle space. In military operations during the last decade, the United States assessed the legality of virtually every proposed target to avoid the intentional targeting of civilians. Legal specialists also, however, flagrantly overlooked Common Article 3’s minimum prescription that all captured individuals have the right to be treated humanely. This variation in compliance is explained by the shift in mission objectives: When the United States approached these conflicts as purely counterterror operations, the goal was to disrupt the enemy. However, under the population-centric counterinsurgency mission, noncompliance with the Geneva Conventions equated to mission failure. The shift from counterterrorism to counterinsurgency increased US sensitivity to civilian casualties and the operational consequences of detainee abuse. By adapting practice to comply with the Conventions, the people became the prize in the war on terror.
The French Army and the Geneva Conventions during the Algerian War of Independence and After
Authors: Branche Raphaëlle
Published: September 2017

France considered Algerian War of Independence an internal matter, and questioned the relevance of the Geneva Conventions. The International Committee of the Red Cross managed to get permits to visit the prisons and camps in Algeria where not only detainees but also mere suspects were held. The French military took Common Article Three into account, although the status of prisoner of war (POW) was never granted to anyone detained in any military or civil premises. To acknowledge the existence of POWs was to acknowledge that a war existed in Algeria. The National Liberation Front (FLN) fought hard to impose this reality on the French. Indeed, as the prospect of peace arose, the conditions of detention of some prisoners did improve. The chapter ends by exploring the legacies of the Algerian war on the Geneva Conventions and the French army.
“Be Karbala Miravim!”
Authors: Van Engeland Anicée
Published: September 2017

This chapter considers the extent to which Islamic governance can integrate international humanitarian law (IHL) into its own legal system by examining the case of Iran. It addresses the consequences of the emergence of an Islamic-universal hybrid legal system. The stakes are high because IHL’s efficiency and necessity have been questioned: The existence of the Iranian hybrid system of law can be perceived as a threat by scholars arguing that international law is at risk of fragmentation due to the variety of domestic and regional approaches to fundamental legal standards. The importance of those stakes is illustrated by the Iran-Iraq War: The process of mixing a universal secular legal system with a religious domestic law occurred at a crucial time when Iran was at war with Iraq, with clear effects on the protection of civilians and the conduct of hostilities.
How the Geneva Conventions Matter
Authors: Evangelista Matthew
Published: September 2017

This chapter offers an assessment of the status of the Geneva Conventions as a normative regime and how it matters. The book’s case studies support the intuition that states fighting guerrilla insurgencies and terrorists face challenges in adhering to the laws of war. Yet many cases exhibit more compliance than the rationalist accounts would anticipate. In exploring mechanisms of noncompliance as well as compliance, the chapter highlights the importance of disaggregating the process—from leaders to individual soldiers—and highlights some of the counterintuitive insights that emerge. The international system—powerful states and institutions—serves not only as a constraint on human-rights abuses and war crimes but also sometimes as an enabler. Courts play less of a role than expected in the process of socialization and internalization of norms. The chapter concludes with reflections on the methodological challenges facing scholars who seek to assess the impact of international humanitarian law.
The Oxford English Literary History
Authors: Ashe Laura
Published: September 2017

This book is a new literary and cultural history of the period 1000–1350, documenting its transformative, foundational importance. These centuries have never before received a comprehensive interdisciplinary treatment, long being perceived not as a discernable period but rather as a series of ruptures and discontinuities—Danish and Norman Conquest, language contact and change, immigrant rule and foreign wars. It was these conditions, however, that engendered and nurtured astonishing multilingual literary creativity and cultural vitality, during a period that saw profound and formative developments in English literature, history, and society. The purpose of this monograph is to provide a complete revisioning of the High Middle Ages in these terms: not only to document developments in literature, but to explore, and seek to explain, some of the vast ideological shifts of the period, which have foundational importance in the emergence of later English culture. These great cultural transformations include the development of literary interiority, affective spirituality, and individuality; the emergence of a public sphere and the notion of kingship and government by consent; new secular ideologies of knighthood, chivalry, and romantic love; new theologies of the incarnation, and man’s relationship with God; and the invention of fiction, and its influence on the ethical and social imagination. Medieval England’s French, Latin, and English writings together form this interwoven narrative of social, cultural, and political change.
England, c.1000
Authors: Ashe Laura
Published: September 2017

This chapter argues that English culture around the year 1000 had reached an ideological crisis, in the aftermath of the Benedictine Reform movement, which had placed monasticism at the forefront of society. The king was envisaged as the head and protector of the monastic church, while influential writings regarded society as on the edge of an apocalyptic decline, and castigated laypeople for their impious lives. The old heroic ideals of Anglo-Saxon society came under unprecedented ideological strain, and the historical writings of the Anglo-Saxon Chronicles show a bleak and pessimistic outlook. Only when new secular ideals had gained ground in English political culture could this pressure be relieved.
Know Yourself
Authors: Ashe Laura
Published: September 2017

This chapter traces the development of the new theology of interiority and confessional soul-searching, analysing the Life of Christina of Markyate and the hagiographical Life of St Alexis, observing the changes in understanding of sin and virtue in the early twelfth century. Abelard’s theory of self-knowledge and of the ethics of the will are examined in this light. It then considers the devotional sufferings of the ascetic, and moves to a long discussion of the Ancrene Wisse, the guide for thirteenth-century anchorites, in how to keep a pure heart. The love of God is central to this, as is the experience of pain and of shame. New theories of the Incarnation are described and analysed as part of a great cultural change.
The Bellator and Chevalerie
Authors: Ashe Laura
Published: September 2017

This chapter describes the origins and development of chivalry, asking when knights began to believe that their lives were not inherently sinful. It traces the influence of the Crusades, and the Church’s declarations on licit and illicit violence. Secular and religious ‘manuals’ of chivalry are examined for their competing models of behaviour; the Arthurian romances are analysed for their representations of courtliness and chivalry, and contrasted with the pseudo-historical romances of twelfth- and thirteenth-century England. Discussion turns to twelfth- and thirteenth-century political theory, and the different political circumstances in England and France. The chapter then proceeds to an analysis of the romance Gui de Warewic as an exploration of these themes, and concludes with an analysis of Sir Gawain and the Green Knight as a critique of chivalry.
Engletere and the Inglis Conflict and Construction
Authors: Ashe Laura
Published: September 2017

This chapter discusses the rise of conflicted, multilingual ideas of Englishness and nationhood in the thirteenth and early fourteenth centuries. Extended discussion is offered of the Middle English romance Havelok, in terms of its representations of power and justice; the French and English Brut histories, and their vernacular views of the recent past; philosophies of kingship and their role in the Barons’ Wars and the deposition of Edward II; the rise of parliament, the importance of Magna Carta, and the idea of constitutional government; the role of the vernaculars in spreading critical and historical ideas; a rise in class conflict, and social and public discourse of complaint.