bluuebunny/crossref_metadata_2025 huggingface dataset:
International Law and the Protection of People at Sea
Authors: Papanicolopulu Irini
Published: April 2018

This is a book about how international law can be used to ensure a better protection of people at sea. The fundamental premise of the book is that international law provides numerous structural, procedural, and substantive rules that can be used towards this aim. These particular rules derive primarily from international human rights law and the law of the sea, as well as from other fields of international law, including maritime law, labour law, and refugee law. The book discusses in depth how these rules regulate the scope of State duties towards people at sea, as well as how they affect the content of these duties, adapting generic human rights requirements to the special nature of the marine environment. All of these rules can be conceptualized as a sui generis special regime of international law, the overarching principle of which is the duty of States to protect people at sea and to adopt all necessary acts with a view towards ensuring enjoyment of their rights. This novel approach advocates a systemic reading of international law and advances the proposal that a new regime is emerging in this area. Using insights from theories of conflict of norms and regime interaction, it presents an analytical framework within which to examine the relationships between different rules of international law, expounding the conceptual potential of thinking in terms of regimes and in terms of the system and the ability of international law to produce countless functional legal regimes.
The Content of State Obligations
Authors: Papanicolopulu Irini
Published: April 2018

The chapter discusses the content of the legal obligations owed by States to people at sea. It first argues in favour of the emergence of a new general principle of international law, according to which States have the duty to protect people at sea and to ensure that people enjoy their human rights. It then explores the nature of these duties and the extent to which an extensive range of positive obligations accompany negative ones. There follows a discussion of the tension between comprehensiveness and severability, and some measure of scrutiny over the usefulness of the different approaches for the protection of people at sea. Eventually, the book argues that the widespread acceptance of human rights and the development of detailed regulation providing for the exercise of mandatory legislative and enforcement jurisdiction are actually transforming the rights attributed to States under the traditional law of the sea into duties
Best Matching: Technical Details
Authors: Mercati Flavio
Published: April 2018

The best matching procedure described in Chapter 4 is equivalent to the introduction of a principal fibre bundle in configuration space. Essentially one introduces a one-dimensional gauge connection on the time axis, which is a representation of the Euclidean group of rotations and translations (or, possibly, the similarity group which includes dilatations). To accommodate temporal relationalism, the variational principle needs to be invariant under reparametrizations. The simplest way to realize this in point–particle mechanics is to use Jacobi’s reformulation of Mapertuis’ principle. The chapter concludes with the relational reformulation of the Newtonian N-body problem (and its scale-invariant variant).
Hamiltonian Formulation
Authors: Mercati Flavio
Published: April 2018

The Hamiltonian formulation of relational particle dynamics unveils its equivalence with modern gauge theory, which admits exactly the same canonical formulation. Both are constrained Hamiltonian systems with nonhonolomic constraints, for which Dirac’s analysis, made popular by his lectures, is necessary. Dirac’s analysis is briefly summarized in this chapter for readers unfamiliar with it. The Hamiltonian formulation of the kind of systems we’re interested in is nontrivial. In fact the standard formulation fails to be predictive, precisely because of the relational nature of our dynamics.
York’s Solution to the Initial-Value Problem
Authors: Mercati Flavio
Published: April 2018

In this chapter I briefly review York’s method (or the conformal method) for solving the initial value problem of (GR). This method, developed initially by Lichnerowicz and then generalized by Choquet-Bruhat and York, allows to find solutions of the constraints of (GR) (in particular the Hamiltonian, or refoliation constraint) by scanning the conformal equivalence class of spatial metrics for a solution of the Hamiltonian constraint, exploiting the fact that, in a particular foliation (CMC), the transverse nature of the momentum field is preserved under conformal transformations. This method allows to transform the initial value problem into an elliptic problem for the solution for which good existence and uniqueness theorems are available. Moreover this method allows to identify the reduced phase space of (GR) with the cotangent bundle to conformal superspace (the space of conformal 3-geometries), when the CMC foliation is valid. SD essentially amounts to taking this phase space as fundamental and renouncing the spacetime description when the CMC foliation is not available.
Intergovernmental Bargaining
Authors: St John Taylor
Published: April 2018

This chapter discusses the three proposals for investment protection discussed during the 1960s: a substantive code, an insurance organization, and an investor–state arbitration convention. Investors were largely uninterested in arbitration, except for a few individuals with personal experience of expropriation. While proposals for individual standing existed before, Hermann Abs’ proposals had a new resonance in West Germany during the 1950s. Abs’ proposals, even after modifications by Hartley Shawcross and others, had little chance multilaterally, however: America and the UK were opposed. By 1963, Germany and Switzerland lost interest in multilateral negotiations, as they realized they could get higher standards in bilateral investment treaties. German and Swiss treaties provided access to investment insurance, not investor–state arbitration. Proposals for a multilateral insurance agency were widely supported, but were not realized in large part because the World Bank refused to play an agenda-setting or brokering role for insurance during the 1960s.
Conversion
Authors: St John Taylor
Published: April 2018

This chapter analyzes the purposes that American officials ascribe to investor–state arbitration in their investment treaties, using internal documents from all pre-NAFTA American investment treaty negotiations. Officials drafting the initial US model treaty in the late 1970s saw ISDS as a narrow tool to protect investment, but a decade later, it was reimagined as a way to lock in domestic liberalization reforms in former Soviet or Latin American states. Similarly, the American investment treaty program was not intended to facilitate outward investments, but rhetoric has changed: in the early 1990s, additional investment was implied to treaty partners, before and after these years officials noted that treaties and ISDS do not necessarily lead to additional investment. Finally, while access to arbitration became a pillar of American policy, at first investor access to ICSID caused the State Department frustration and endangered US strategic interests.
French Law
Authors: Steiner Eva
Published: April 2018

This second edition provides an authoritative, thorough, and updated account of the French Legal System and its internal workings. It explains both the institutions and substantive law along with the methodology that underpins the system. As well as being a key to understanding the civil law way of thinking, the book focuses on the various processes that go into making and enforcing law in France. Landmark legal cases that have shaped modern French law are discussed within the particular area of law under scrutiny. Illuminating and insightful comparisons to other legal jurisdictions, especially England, are made throughout, helping readers to appreciate the distinctions and specific nature of French law.
Case Law
Authors: Steiner Eva
Published: April 2018

This chapter investigates the rules concerning precedents and how they work in practice, especially in their relationship to legislation. In French constitutional theory, precedents do not form part of the ‘pyramid of norms’ and do not, therefore, constitute official sources of French law. This French approach to legal sources arises out of a set of rules which prevent judges from interfering with the legislature in its law-making function. In practice, however, French judges routinely make rules, as judges do in other legal systems. In this respect, some branches of French law which were not originally statute based, such as administrative and private international law, have been almost entirely created out of the decisions of the judges.
Law Reform
Authors: Steiner Eva
Published: April 2018

This chapter assesses the process of law reform in France. Although a full-time Commission has been set up in France to deal with the codification of the law, no similar permanent institution exists for keeping the law under review and for making recommendations for its systematic reform. There is thus no French equivalent for the Law Commission such as in other countries. Therefore law reform initiative has been left entirely to government departments and Members of Parliament and this is confirmed by the 1958 Constitution. Consequently, in practice, the majority of bills have their origin in government departments, and in particular the Ministry of Justice, whose function it is to deal with the organisation of the civil and criminal justice system. The role of supreme courts in reforming the law is also highlighted in the chapter.
Legal Education
Authors: Steiner Eva
Published: April 2018

This chapter shows how legal education further contributes to the reasoning process typical of French lawyers. A striking feature of French legal education is the high level of abstraction that pervades the teaching. The emphasis is on theoretical rather than practical knowledge, to which a strong methodological component must be added. Legal education in France is primarily aimed at providing a sound knowledge of general principles together with the development of a capacity to manipulate abstract concepts and construct logical arguments. This emphasis on abstract concepts and methodology associated with French legal education is historically based and has, in part, been ascribed by legal historians to the dominant role played in the past by the systematic study of Roman law in law schools.
Introduction
Authors: Goldberg Sanford C.
Published: April 2018

This book concerns the nature of epistemic assessment as traditionally construed—that is, the sort of assessment that pertains to whether a given subject’s belief amounts to knowledge. My guiding ideas are three: such assessment is normative; it is sensitive to social factors; and these two features are intimately related to one another. My overarching aim is to articulate and defend these ideas....
General Expectations I
Authors: Goldberg Sanford C.
Published: April 2018

The notion of epistemic responsibility that emerges from Chapters 1–4 is a minimalist one: a subject is responsible in this sense so long as she forms her beliefs in a way that avoids bald incoherence with her background beliefs. In Chapter 5 the author argues that knowledge itself requires a more substantial kind of epistemic responsibility, and goes on to account for that sort of responsibility. It pursues the idea that epistemic responsibility in this more robust sense is a matter of satisfying the general expectations others are entitled to have of one as an epistemic subject. The author argues that these expectations derive from our social practices, and their legitimacy reflects the legitimacy of those practices.
The Logic of Affect
Authors: Markwica Robin
Published: April 2018

Chapter 2 develops the logic of affect, or emotional choice theory, as an alternative action model besides the traditional logics of consequences and appropriateness. Drawing on research in psychology and sociology, the model captures not only the social nature of emotions but also their bodily and dynamic character. It posits that the interplay between identities, norms, and five key emotions—fear, anger, hope, pride, and humiliation—can shape decision-making in profound ways. The chapter derives a series of propositions how these five key emotions tend to influence the choice behavior of political leaders whose countries are targeted by coercive diplomacy. These propositions specify the affective conditions under which target leaders are likely to accept or reject a coercer’s demands. Even when emotions produce powerful impulses, humans will not necessarily act on them, however. The chapter thus also incorporates decision-makers’ limited ability to regulate their emotions into the logic of affect.
Hearing the Syrinx in Euripidean Tragedy
Authors: Weiss Naomi
Published: April 2018

References to the syrinx are mostly absent from extant tragedy until the late fifth century bc, when the instrument suddenly starts appearing in Euripides’ plays, especially in the choral odes. This chapter demonstrates that the syrinx is almost always mentioned alongside the aulos, the double pipe that accompanied dramatic choreia, or in such a way that the aulos is strongly suggested, so that the one instrument is meant to be heard as the other. Such instrumental mimesis in Euripides’ tragedies does more than just show off his own skill and engagement with contemporary musical trends and discourse: it is also always used for a particular dramatic effect, thus providing evidence of his increasing experimentation towards the end of his career with the role(s) music could play within a tragedy.
Innovations in unobtrusive methods
Authors: Knight Andrew P.
Published: April 2018

Andrew P. Knight explores developments in unobtrusive research methods using unconventional sources of data from computer-based systems and tools. These generate novel measures of behaviour based on the digital trace data that we all generate, online access to public and personal archives, wearable sensors, and the automatic coding of text, and audio and video recordings. Smartphones and wristbands are just two of the growing range of connected devices that are capable of capturing and sharing multimedia information in real-time. Devices such as these offer new ways in which researchers can gather data at low cost, avoiding reactance effects, allowing the study of how phenomena change over time, and expanding the scale of research, given the wide dissemination of the technology. Before adopting these methods, researchers need to consider whether they have the expertise, and the ethical issues raised by using information (which may be in the public domain) without informed consent.
Levelling the Playing Field
Authors: Adams-Prassl Jeremias
Published: April 2018

This chapter considers the implications of the on-demand economy for consumers and markets. It shows how, for both consumers and workers, the on-demand bargain can unravel rather quickly: users potentially end up paying a much higher price and receive worse-quality services than promised. In addition, the gig-economy business model can lead to significant tax losses, as taxpayers are left to make up the shortfall and subsidize the industry in myriad ways. When these problems for consumers, workers, and taxpayers are added to the questionable economics behind many platforms’ business models, as discussed in the first chapter, it is not difficult to see why some suggest that the platforms should be banned. This chapter, however, argues against such drastic moves: we would destroy all benefits and innovation, and leave at least some consumers and workers worse off. Employment law is key to creating a level playing field for competition, which fosters innovation.
Reasons to Worry: Interest and Love
Authors: Scheffler Samuel
Published: April 2018

Apart from considerations of beneficence, we have reasons of at least four different kinds to ensure the survival of future generations under conditions conducive to human flourishing. This chapter explores two of those categories of reason: reasons of love and reasons of interest. Reasons of love rest on the fact that the fate of humanity matters to us in its own right. Reasons of interest appeal to our self-interest: that is, to our interest in leading lives engaged in worthwhile activities. These two categories of reason are conceptually independent, but it is partly because the future of humanity matters to us in its own right that the survival of future generations is in our interest.
Conservatism, Temporal Bias, and Future Generations
Authors: Scheffler Samuel
Published: April 2018

The idea that our reasons for caring about the fate of future generations depend on an essentially conservative disposition may seem surprising or even paradoxical. This chapter explores this conservative disposition further, explaining why it strongly supports a concern for the survival and flourishing of our successors, and comparing it to the form of conservatism defended by G.A. Cohen. It considers whether the conservatism about value defended in this book involves a form of irrational temporal bias, how it relates to the phenomenon of future-bias explored by Derek Parfit, and how it fits within the context of the more general relations between our attitudes toward time and our attitudes toward value.
Demonstrative Thought
Authors: Levine Joseph
Published: April 2018

In this paper I develop a model of what it is to entertain a demonstrative thought, whether about an individual or a property. The primary question I investigate is the mechanism responsible for securing the referent of the demonstrative component of the thought. I characterize mechanisms of demonstrative reference for both token-demonstratives and type-demonstratives, drawing a distinction between genuine type-demonstratives and “quasi” type-demonstratives in the process. I then use the results of this discussion to criticize various philosophical uses of the notion of a demonstrative concept, including the “phenomenal concept strategy” for responding to challenges to materialism and the attempt to explain concept acquisition by appeal to demonstrative concepts.
Phenomenal Experience
Authors: Levine Joseph
Published: April 2018

This paper presents a sketch of a theory of phenomenal consciousness, one that builds on the notion of a “way of appearing,” and draws out various consequences and problems for the view. I unabashedly endorse a version of the Cartesian Theater, while assessing the prospects for making such a view work. As I treat phenomenal consciousness as a relation between a subject and what it is she is conscious of, I face a difficulty in making sense of hallucination, since the object of awareness is missing. I distinguish my position from direct realists who endorse disjunctivism, and end on a somewhat speculative note.
Desert for Wrongdoing
Authors: Yaffe Gideon
Published: April 2018

This chapter offers and defends a theory of the conditions under which one response to a wrongful act, P1, is more deserved than another, P2. Under the proposed theory, we are to compare the way the agent is disposed (1) to treat in his deliberations the act conjoined with P1, (2) to treat the act conjoined with P2, and (3) the way an ideal agent is disposed to treat the act itself, considered independently of either P1 or P2, in his deliberations. If (1) is more like (3) than (2) is like (3), then P1 is more deserved than P2. It is argued that the theory explains why what a person deserves varies with his culpability for his wrongful act, and also why it is easier to justify inflicting the one of two punishments that is more deserved.
The Lesson of Book 2
Authors: Bowie Ewen
Published: April 2018

This chapter first explores the ways in which Book 2 resists its characterization by Fornara in 1971 as marked by ‘the utter absence in II of the moral or philosophical element’. It picks out several features that link it with other parts of Herodotus’ work (e.g. moral judgements, direct speech, divine retribution), and then draws attention to elements in Herodotus’ presentation already found in archaic and early classical narrative elegy, culminating in the work of Herodotus’ relative Panyassis. It then briefly notices the differences between Herodotus’ work and that of Hecataeus, and concludes by offering an explanation for the diversity of the Enquiry that is so strikingly exemplified by Book 2.
Wave Turbulence
Authors: Zeitlin Vladimir
Published: April 2018

Main notions and ideas of wave (weak) turbulence theory are explained with the help of Hamiltonian approach to wave dynamics, and are applied to waves in RSW model. Derivation of kinetic equations under random-phase approximation is explained. Short inertia–gravity waves on the f plane, short equatorial inertia–gravity waves, and Rossby waves on the beta plane are then considered along these lines. In all of these cases, approximate solutions of kinetic equation, annihilating the collision integral, can be obtained by scaling arguments, giving power-law energy spectra. The predictions of turbulence of inertia–gravity waves on the f plane are compared with numerical simulations initialised by ensembles of random waves. Energy spectra much steeper than theoretical are observed. Finite-size effects, which prevent energy transfer from large to short scales, provide a plausible explanation. Long waves thus evolve towards breaking and shock formation, yet the number of shocks is insufficient to produce shock turbulence.
Hermetically Unsealed
Authors: Thomas Oliver
Published: April 2018

The Hymn to Hermes offers a late archaic or early classical viewpoint on genre in lyric poetry. It compares hymns and theogonies to bantering songs at symposia, apparently in a paradox grounded in Hermes’ ability to control transfers across firm boundaries. However, the comparisons have a latent logic: the Hymn to Hermes is itself bantering intertextually with the Homeric Hymn to Apollo; it alludes to the fact that a komos can involve both praise-poetry and (post-)sympotic erotic songs. Moreover, Apollo’s first interaction with the lyre leads him to engage Hermes in a game of verbal banter, which suggests that this ability of the lyre to unite contrasting performance types will continue under his patronage. In this sense, the Hymn implicitly reflects on its own power to reshape the audience’s attitudes towards music.
The Major Urban Centres
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

Scotland experienced rapid urbanization in the century after 1750, and by 1850 was probably the second most urbanized country in Europe after England, with significant effects on most aspects of its demography. By the 1920s, over two fifths of the population lived in the four cities (Glasgow, Edinburgh, Dundee, and Aberdeen) or their immediate suburbs. Glasgow was the second largest city in the UK, but its population declined steadily from the 1950s. The four cities had very different growth patterns, occupational structures, underlying demographies and housing provision, as did the seventeen other burghs around Glasgow. Scotland also had other important textile-based burghs, with their own demographic characteristics, and, away from the Central Belt, four significant regional centres.
The Interactions between Fertility and Nuptiality
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

Comparisons of plots of nuptiality against fertility at county and local authority levels show marked differences between Scotland and England, with at most dates almost no overlap in the plots, though a decline in marital fertility occurred from the 1870s in both countries. The Princeton fertility indicators are used to put the measurement of fertility in different areas on a common age-standardized basis. Comparisons between pairs of roughly ‘similar’ counties shows the Scottish areas with consistently higher marital fertility and lower nuptiality. Compared with most other parts of north-western Europe, restrained nuptiality was particularly important in holding down overall births in Scotland.
The First Scottish Fertility Decline
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

The marked variations in the distribution of family sizes over time are further explored, as also are the major variations between women married to fathers in different occupations. The significance of very small families in fertility constraint is explored. The role in Scotland of possible methods of family limitation at different dates is examined, in the context of ongoing historical debates about when, if ever, most couples began consciously to ‘plan’ the size of their families, and at what point in their marriages they may have done so. In the same context, Scottish evidence is reviewed on the possible reasons for the timing of the onset of fertility decline and its spread through to the 1930s.
Spatial Variations in Mortality and its Causes
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

Scottish nineteenth mortality statistics are unusual in distinguishing death rates and causes grouped by the population size of localities, and also separately for many of the larger towns. Larger settlements tended to have higher death rates than smaller, and from most diseases, and, although these differences declined over time, the major towns of the West Central Belt (and Glasgow above all) show, with a few puzzling exceptions, persistent tendencies throughout our period to higher rates than other urban centres (other at some periods than Dundee). Infant mortality shows similar differences, but it remains hard to explain why Scotland had such relatively low infant mortality in the nineteenth century but so much higher than elsewhere for most of the twentieth. Various suggestions are explored.
Social and Economic Differences in Mortality
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

Nineteenth-century male death rates were more influenced by occupation than by social class. This was because major variations in exposure, depending on where someone lived and the hazards which he faced at work, were more important than income or status. Over time the risk rankings of many occupations changed markedly. By the mid-twentieth century class gradients in mortality were clear, especially at the top and bottom of the hierarchy. However, it remains the case that even after controlling for social class, significant differences in mortality remain. Research since the 1980s has shown that including controls for area deprivation still does not wholly account for what is observed. In particular, a ‘Glasgow effect’ of enhanced mortality remains unexplained. A range of possible reasons have been offered for Glasgow’s enhanced mortality, including recent research on epigenetic effects.
How and Why was Scotland Different and What May Happen Next?
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

Throughout the period covered by this book there have been major contrasts between different parts of Scotland: in population change, migration, nuptiality, fertility, and mortality. Across all these variables, there have also been major and most often negative contrasts with England and other parts of north-western Europe. Compared with similar areas elsewhere, these contrasts were pervasive across the country and persistent over time. This suggests that, compared with England in particular, ‘Scottish-wide effects’ have underpinned them. A number of largely Scottish-specific employment practices, social and housing policies, and local government weaknesses have been important. But, above all, a shortage of opportunities relative to expectations, occupational insecurity, slow development of new manufacturing industries, and various factors undermining confidence in the future have been crucial. Scottish population has grown in the early twenty-first century. But maintaining positive demographic momentum remains a challenge.
Central Banking before the Great Recession
Authors: Papadia Francesco , Vӓlimӓki Tuomas
Published: April 2018

The chapter describes the historical process as well as the analytical and empirical factors that, at the end of the twentieth century, led to the dominance, in advanced economies, of a central bank model based on an independent institution devoted to price stability as its overriding objective. The central bank pre-crisis model was elegant, performing, and efficient. However, it could not easily accommodate the pursuit of a traditionally important central bank objective: financial stability. Indeed, since central banks have, in essence, just one tool, that is, the interest rate, the pursuit of a financial stability objective in addition to a price stability objective could create dilemma situations. In the two decades between the mid-1980s and the mid-2000s, the economies of advanced economies were very stable, and this period was thus identified as Great Moderation. However, subsequent experience showed that, in this period, the crisis was incubating.
Central Banking after the Great Recession
Authors: Papadia Francesco , Vӓlimӓki Tuomas
Published: April 2018

The central banking model prevailing before the Great Recession suffered six hits during the crisis. First, new financial stability responsibilities created dilemmas in the use of the interest rate. Second, quantitative easing blurred the borders between monetary and fiscal policy. Third, the action to support banks and, in the euro-area, peripheral sovereigns created moral hazard. Fourth, the ECB had to take on itself the task of preserving the euro. Fifth, the ECB had to participate in the so-called troika. Sixth, both the Fed and the ECB had to adopt a more global perspective. This chapter concludes that these hits have not basically jeopardized the pre-crisis central bank model. Still, four of the six hits to the pre-crisis central bank model identified above have a good probability of requiring changes in the pre-crisis model, thus some incremental adaptations to that model are proposed.
‘Theatre of the Future’
Authors: Fair Alistair
Published: April 2018

This chapter touches on three main themes: the first is the increasingly collaborative nature of auditorium and stage design; the second is the extent to which auditorium and stage design could be understood in ‘modern’ terms; and the third is the extent to which the relationship between the stage and the auditorium was often the subject of debate. The chapter begins with a discussion of the collaborative nature of stage and auditorium design, before examining the arguments made in favour of open staging, not least by the director Stephen Joseph, who edited several books on the subject. It then considers the impact of these debates on the design of key examples including Chichester Festival Theatre, the Young Vic, the National Theatre, and the Crucible, Sheffield. It ends with a discussion of flexible staging, highlighting the challenges posed by adaptability as well as examples in which it was explored.
‘Escaping From Boarded Concrete and Modern Finishes’
Authors: Fair Alistair
Published: April 2018

This chapter examines how the idea of the modern playhouse as a substantial, purpose-built structure was challenged between the 1960s and the 1980s. It begins with theatres conceived in a spirit of impermanence and then continues, after brief discussion of more ‘participatory’ spaces, with mobile performance venues. The second half of the chapter considers a trend which became prominent during the 1970s, namely the restoration of Victorian and Edwardian theatres. Although in one sense the rehabilitation of these theatres represented a critique of modern architecture, the nature of the alterations made to these buildings in fact developed many of the same themes that also shaped the design of contemporaneous new theatres, as the concluding examples of York Theatre Royal and Liverpool Playhouse demonstrate.
Measures
Authors: Hill QC Mark
Published: April 2018

This section presents the range of measures regulating the faculty jurisdiction and clergy discipline of the Church of England. It begins with the Parochial Church Councils (Powers) Measure 1956, which covers the definitions of ‘Council’, ‘Diocesan Authority’, ‘Minister’ and ‘Parish’, and ‘Relevant date’; general functions of parochial church councils; the council as a body corporate; powers vested in the council as successor to certain other bodies; holding of property for ecclesiastical purposes (educational schemes); supplementary provisions relating to certain property; miscellaneous powers of the council; financial statements of the council; and powers of bishops. Also discussed are the Churchwardens Measure 2001, the Clergy Discipline Measure 2003, the Bishops and Priests (Consecration and Ordination of Women) Measure 2014, and the Ecclesiastical Jurisdiction and Care of Churches Measure 2017.
The Western Schism, Observant Reform, and Institutionalization
Authors: More Alison
Published: April 2018

Despite the regularization that occurred in the fourteenth century, communities of pious women who engaged with the secular world continued to flourish throughout Europe. While canon law still regarded these communities as laywomen, the regularizing efforts of those responsible for their cura meant that they were now enclosed, wore recognizable habits, and professed approved religious rules. As a result, these women were now virtually indistinguishable from traditional female monastics. This chapter explores the changes in the informal association of non-monastic houses with recognized religious orders from the end of the fourteenth century. As with much of the religious landscape at this time, this change was to be affected by both the Observant Reform movement and the Western Schism. In particular, this chapter looks at the continued influence of John XXIII’s Personas vacantes on communities of women in Flanders, Northern France, and Scotland.
Creating a Textual Identity? Pastoralia and Models of Tertiary Life
Authors: More Alison
Published: April 2018

The canonical framework for tertiary orders had been established and given official recognition by the early fifteenth century. Nevertheless, this does not seem to have had an effect on how non-monastic women perceived themselves. While there is evidence that the number of houses that professed a rule associated with an order increased at this time, as was made clear earlier in this study, the popularity of the rule cannot be equated with the spread of an order. This chapter gives particular attention to the many discrepancies in what is often thought of as order identity. It focuses specifically on the inconsistencies between Observant ‘master narratives’, or prescriptive texts, and pastoralia. It also looks at the concept of identity and discusses how this is established.
Unification and Regularization in the Sixteenth-Century Spiritual Climate
Authors: More Alison
Published: April 2018

Official Franciscan mythology recounts that unity was definitively restored to the third order with the rule that Pope Leo X promulgated in his 1521 bull Inter cetera. However, close examination reveals that this group (or indeed any other tertiary order) was no more organized at this time than at any other point in its history: confusion still existed between tertiaries and women known as beguines, and Observant attempts at regularization had often created distinct federations rather than a unified order. This chapter examines the practical effects of sixteenth-century monasticization and the ways that it is portrayed in the historical record. As well as quasi-religious groups such as the beguines and tertiaries, it examines the creation of ‘new’ forms of religious life such as the Ursulines.
Introduction
Authors: Kosch Michelle
Published: April 2018

Chapter 1 introduces Fichte’s conception of material independence and describes its relation to psychological autonomy. It situates Fichte’s ethics in its historical context, highlighting some differences between Fichte’s view and Kant’s. Finally, it outlines the book and explains central methodological assumptions.
Material Independence
Authors: Kosch Michelle
Published: April 2018

Chapter 3 first outlines the textual evidence (from texts of the Jena period) for the claim that independence, in a sense that encompasses independence of nature, is the substantive moral end derived in the deduction of the System of Ethics. It then examines how this claim informs Fichte’s normative claims in the third main part of the text. The structure of Fichte’s ethical theory and his main theses in normative ethics are systematically laid out, and the place of political rights within this account is explained. In the second part of the chapter several contributions are made to the interpretation of the Foundations of Natural Right.
Formal Independence
Authors: Kosch Michelle
Published: April 2018

Chapter 4 explains Fichte’s conception of formal independence or conscientiousness, which has two aspects (a ‘formal’ and a ‘material’ aspect, the latter not to be confused with material independence). Fichte’s account is compared with Kant’s, and the two are shown to be in more agreement than has previously been thought. The independence of the material condition on moral worth from this formal one is shown to be entailed by Fichte’s account of the role of conscience (rather than, as is often thought, being inconsistent with it). Finally, Fichte’s account of moral evil is explained and its consistency with his account of conscience examined.
Introduction
Authors: Williams Donald C.
Published: April 2018

The Introduction begins with a brief biographical treatment of Williams’s early career, with reference to philosophers of the previous generation. His general philosophical commitments are then outlined. They are empiricism, realism, and naturalism. According to Williams, empiricism entails the view that all knowledge pertaining to matters of fact is known inductively. Realism is the view that there is an external world independent of our conscious experience. Naturalism is the view that every existent is located and extended in a single system of space-time. His conception of metaphysics, his ontology of tropes and universals, his doctrine of actualism, and his metaphysics of time are then explained with reference to the chapters that follow. The Introduction ends with a brief assessment of Williams’s place in the history of analytic philosophy.
Universals and Existents
Authors: Williams Donald C.
Published: April 2018

This chapter is on the ontology of universals and of predication. It is argued that universals are neither sums nor sets of similar tropes. What we mean by the general term ‘Humanness’, for instance, is not the sum of humanity-tropes and not the set of humanity-tropes. What we mean is something that is immanent, i.e., wholly present in its instances, namely, Humanness. It is then proposed that this predicative fact can be accounted for in a trope ontology. Universals are immanent, but what this amounts to is that tropes ‘manifest’ universals. A universal is a trope, according to the rule: perfect similarity entails numerical identity. The upshot is that the realist intuition that universals are ‘in’ their instances is explained without postulating a primitive category of universals.
Russell’s Early Philosophy
Authors: MacBride Fraser
Published: April 2018

This chapter shows how Russell’s ontological outlook in the late nineteenth century developed from an essentially Kantian starting point to one influenced by the categorial monism of G.E. Moore’s New Philosophy. To do so, this chapter investigates two texts, unduly neglected by Russell commentators. First, the chapter explores Russell’s 1989 manuscript An Analysis of Mathematical Reasoning, which predates the inception of the New Philosophy, in which Russell still distinguished substance and attribute as Kant did. Then this chapter develops a novel interpretation of Russell’s 1900 The Philosophy of Leibniz, an interpretation according to which the distinction between substance and attribute is superseded.
The Birth of the Particular–Universal Distinction
Authors: MacBride Fraser
Published: April 2018

This chapter makes sense, for the first time, of G.E. Moore’s 1900–01 paper ‘Identity’, which has hitherto baffled Moore’s commentators. Based upon his reflections upon Leibniz and Kant, the chapter argues that Moore belatedly introduced the particular–universal distinction into the analytic tradition in this paper. But neither Moore’s description of the distinction nor his reasons for it fit our familiar preconceptions about particulars or universals. Crucial to the movement of Moore’s thought was his appreciation of the structural significance of relations for our ordinary ways of thinking and talking about the identity and distinctness of things.
Later Moore and Whitehead Towards Categorial Pluralism
Authors: MacBride Fraser
Published: April 2018

This chapter provides the first account of G.E. Moore’s and A.N. Whitehead’s realization that the particular–universal distinction was neither clear nor inevitable. Moore’s epiphany came during his 1910–11 Morley College lectures. Reflection upon Bradley’s regress revealed to Moore that relations and relational properties are logically heterogeneous—Moore was led to the conclusion that the category of universals is no more than a ragbag of utterly different kinds of thing. Meanwhile Whitehead argued that no binary scheme, such as the particular–universal distinction, is adequate to the logical variety of natural elements disclosed to us in experience.
The Rupture with the Pharisees
Authors: Noam Vered
Published: April 2018

The story treated in this chapter, an etiological tale whose purpose is to pinpoint the beginnings of the enmity between the Hasmonean dynasty and the Pharisees, opens a series of legends which outline the gradual downfall of the dynasty. In the Josephan version the story still concerns John Hyrcanus, whereas in the Babylonian Talmud the episode relates to the figure of his son Janneus. The chapter analyzes both versions in their Josephan and rabbinic context, and concludes that this tale is in fact a rare piece of a lost Pharisaic apologetic work, as evidenced by its vocabulary and syntax, its pesher-like style, and its political, intersectarian content, all familiar to us from the Dead Sea Scrolls. Josephus has integrated this pro-Pharisaic tradition into a context that is much more hostile towards the Pharisees and sympathetic to the Hasmonean ruler. The rabbis depicted the Hasmonean protagonist of the story as a bitter enemy of the sages, as opposed to the more balanced portrayal in the original legend.
Ideational Change at the IMF after the Crash
Authors: Clift Ben
Published: April 2018

This chapter advances the case for a Constructivist Institutionalist (CI) approach to the analysis of ideational change, making the case for ‘bricolage’ rather than paradigm shifts. It foregrounds actors’ cognitive and ideational filters, underlining the importance of how Fund staff see themselves and their role. The analysis charts key facets of the Fund’s internal workings, including its hierarchical nature, internal review processes, and how internal interactions are evolving. The complexities of institutional mediation leads to the sedimented but ongoing influence of multiple economic ideas. Four mechanisms of IMF ideational change—reconciliation, operationalization, corroboration, and authoritative recognition—are identified to explain which ideas come to prevail, why and how. Ideas need to be framed and packaged to jump through the hoops of internal social recognition. The chapter delineates the permissive conditions necessary for key actors to navigate internal power structures to effect ideational change.
The IMF, the UK Policy Debate, and Debt and Deficit Discourse
Authors: Clift Ben
Published: April 2018

This chapter charts changing character of the economic ideas informing fiscal policymaking in Britain, and Fund responses to them. Drawing on interviews with the Fund’s UK Missions and UK authorities, it shows how, despite the IMF’s prizing of its non-political, scientific image, its differing views of UK policy space and prioritization became the stuff of a contested politics. The central assumption of the coalition government’s construction of fiscal rectitude was that Britain faced a ‘crisis of debt’, yet the IMF did not share this view. Fund work on fiscal multipliers being higher during recessions, and the adverse effects of fiscal consolidation on growth, all had pointed relevance for UK policy. The coalition government saw little potential for activist fiscal policy in support of growth. In 2013 Blanchard accused the UK authorities of ‘playing with fire’ by pursuing excessively harsh austerity which threatened a prolonged and deep recession.
The Principles of Tracing
Authors: Nair Aruna
Published: April 2018

This chapter analyses the figurative language that the judges have traditionally employed to describe tracing with the aim of identifying the principled basis of the law of tracing, focusing especially on the various uses of the maxim ‘money has no earmark’. It argues that the possibilities and constraints of transactional tracing are underpinned by a judicial commitment to two key principles. The first, the principle of subordination of wrongdoers, entitles a claimant to disregard the defendant's intentions and to treat him as having acted for her benefit in situations where his decisions involved the exploitative exercise of powers to deal with her assets. The second, the principle of respect for defendant autonomy, insists that the defendant's intentions must be taken seriously in situations where his transactions involve the exercise of rights held for his own benefit or for the benefit of persons other than the claimant.
Introduction to Part I
Authors: Petrova Svetlana
Published: April 2018

This chapter provides an overview of the diachronic development of the left periphery in German. It introduces the OV/V2 asymmetry as a basic property of continental West Germanic syntax, as well as the components of the verb-second rule. On this basis, it surveys the rise of verb-second, elaborating on state-of-the-art in the beginning of the attestation, on the relation between V2 and the emergence of complementizers in Germanic, as well as on the role of Germanic sentence particles in the left periphery of the clause. In addition, orders challenging the validity V2 in German—such as verb-first, verb-third, and verb-final orders—are discussed. The chapter also discusses the role of information structure in movement to the left periphery, as well as the emergence of a special class of adverbial connectives, which develop from low adverbs and acquire a special status with respect to the left periphery.
The Idea of Lawlessness
Authors: Meierhenrich Jens
Published: April 2018

This chapter sets the stage for what is to come by introducing readers to the theory and practice of Nazi law. The first section uses the book’s cover image (a portrait of the infamous Nazi lawyer Roland Freisler) to introduce the argument the Nazi state was inherently bifurcated, and not just in its early years. The second and third sections juxtapose two contending approaches to the study of Nazi law: legal philosophy and legal anthropology. I show why the former is wanting in a critical analysis of what has become known as “Radbruch’s formula.” I highlight the limitations of Gustav Radbruch’s argument about statutory lawlessness by way of a comparison with Ernst Fraenkel’s ethnographic method. I close with a discussion of the problem of outcome knowledge in historical analysis, with particular reference to the historiography of Weimar and Nazi Germany.