bluuebunny/crossref_metadata_2025 huggingface dataset:
“Enemies Within”
Authors: Zolotar’ov Vadym , Belokowsky Simon
Published: November 2022

In Chapter 4, Zolotar’ov details the career of D. A. Pertsov who, like many of the UNKVD leaders in Ukraine at this time, was a client of Uspenskii. Pertsov was an expert in interrogating detained NKVD operatives both in NKVD Ukraine and in the Kharkov Oblast UNKVD. He led by example, frequently walking in on interrogations to threaten and torture those who hesitated to confess. He also worked in the Polish operations. He was arrested in November 1938. He was sentenced to fifteen years and died in a logging camp in 1948, having been charged anew with counterrevolutionary crimes, an unusual sentence during this NKVD purge, following an earlier more lenient sentence of four years for “violations of socialist legality.” The chapter, like many others, demonstrates the importance of personal connections among different groups of NKVD workers.
The Value Added of Holding the Space
Authors: Cadge Wendy
Published: November 2022

This chapter examines how chaplains see themselves most contributing to the organizations and individuals with whom they work. Some might expect to hear them helping people wrestle with existential questions of theodicy—why bad things happen, and what role, if any, God or the sacred plays—such talk was relatively rare. More often, they spoke about the spaces they help people create and hold in the midst of difficult moments rather than any content they contribute to those spaces. The ways chaplains work around life transitions and the multiple ways they see themselves being present are central in this chapter, as are how they code switch, or move between traditional religious languages and more broadly accessible emotional languages in this work.
Historical Roots of Maqāṣid al-ʿAqīda
Authors: Abdelnour Mohammed Gamal
Published: November 2022

Given al-Ghazālī’s centrality to this monograph, this chapter divides into pre-Ghazālian preliminary discussions of Maqāṣid al-ʿAqīda, followed by an illustrative interpretation of Maqāṣid al-ʿAqīda in al-Ghazālī’s genre, then a discussion of the state of the field in the post-Ghazālian period up until Muḥammad ʿAbduh’s time. The chapter then argues that, despite the existence of such roots of Maqāṣid al-ʿAqīda in the Islamic tradition, those roots were not nurtured efficiently to produce a systematic subject of Maqāṣid al-ʿAqīda. Hence, the second section of this chapter attempts to explain the reasons that may have led to the underdevelopment of Maqāṣid al-ʿAqīda as a discipline on its own terms.
“Integrating” the “Tools” of  Maqāṣid al-Sharīʿa into Maqāṣid al-ʿAqīda
Authors: Abdelnour Mohammed Gamal
Published: November 2022

Despite the critiques of the classical “theory” of Maqāṣid al-Sharīʿa offered in the previous chapter, this chapter avers that scholars of Maqāṣid al-Sharīʿa have managed to produce some innovative exegetical tools that may well be of significant use to the emerging Maqāṣid al-ʿAqīda. One of those tools is the threefold taxonomy of al-ḍarūriyyāt (the primaries), al-ḥājiyyāt (the complementaries), and al-taḥsīniyyāt (supplementaries). That said, this chapter has two aims. First, under the title of “definition and transmission,” it defines this taxonomy in its original use in Maqāṣid al-Sharīʿa and then illustrates how it can be transmitted to the genre of Maqāṣid al-ʿAqīda. Second, testing the useability of this taxonomy in Maqāṣid al-ʿAqīda, it attempts to examine the theological weight of three theological concepts: al-firqa al-nājiya (the saved group), deeds vis-à-vis faith, and the role of Prophet Muḥammad in Islamic theology.
Conclusions
Authors: Abdelnour Mohammed Gamal
Published: November 2022

Previous scholarship on the Islamic tradition has paid significant attention to Maqāṣid al-Sharīʿa (Higher Objectives of Islamic Law) but paid little to no attention to Maqāṣid al-ʿAqīda (Higher Objectives of Islamic Theology). Therefore, this conclusion shows that the primary motive behind this monograph is to address this epistemic gap, while interrogating and integrating the tools and methods of the classical theory of Maqāṣid al-Sharīʿa, most notably the threefold taxonomy of al-ḍarūriyyāt (primaries), al-ḥājiyyāt (complementaries), and al-taḥsīniyyāt (supplementaries). In doing so, the monograph has argued that the pursuit, preservation, and promotion of Truth (al-Ḥaqq) is the higher objective of Islamic theology.
Union, OK
Authors: Kirp David , Wechsler Marjorie , Gardner Madelyn , Tinubu Ali Titilayo
Published: November 2022

Over the past two decades, the demographics of the Union, Oklahoma, School District changed dramatically—a school system that had served a predominantly White, well-off student population was charged with educating a racially diverse mix of students body, with many of them hailing from families in poverty. Conventional wisdom would have it that such a change would result in lower graduation rates; in fact, the graduation rate has substantially increased. The district’s success can be attributed to its culture of inclusion—a system designed to deliver tailored support to each student. Union has made science, technology, engineering, and mathematics (STEM) a key feature of its curriculum, from kindergarten through high school. It operates community schools in every elementary school, which offer activities ranging from sports to writing, as well as providing healthcare. The district embraces an “everyone participates” philosophy in both the arts and athletics. And it eases the transition to higher education by offering college classes at the high school.
Union City, NJ
Authors: Kirp David , Wechsler Marjorie , Gardner Madelyn , Tinubu Ali Titilayo
Published: November 2022

Thirty years ago, students in Union City, New Jersey, scored second to last in the state on standardized tests. Today, nearly all students graduate high school and most enroll in college—not what you might expect in a district that’s 99 percent Latino, with three-quarters of the students coming from Spanish-speaking families, and many of them living in poverty. The district’s transformation can be attributed to its “kids come first” philosophy that drives all decisions. The district built a model early education program that enrolls almost all three- and four-year-olds. It has adopted a word-soaked curriculum in elementary school to bolster the English learners and it tailors its bilingual instruction to match students’ individual progress. The school system offers students a panoply of choices within a coherent curriculum.
Roanoke, VA
Authors: Kirp David , Wechsler Marjorie , Gardner Madelyn , Tinubu Ali Titilayo
Published: November 2022

Not so long ago, almost everyone in Roanoke, Virginia, was White or African-American. No longer—the city and its schools have become a melting pot, with more than fifty home languages. Even as this transformation was taking place, the district went from being a dropout factory to beating the national graduation rate, and all students—native English speakers and newcomers, White students and students of color—are exceeding expectations. Roanoke couples a stress on academics with a focus on the health and well-being of its students. Of particular note, the district has kept potential dropouts engaged, with a state-of-the-art continuation high school, incorporated trauma-informed education throughout the curriculum, and taken steps to reduce homelessness.
Adulthood Harm and Its Shadow
Authors: Wolff Nancy
Published: November 2022

Adulthood harm experienced in the community and inside prison as reported by incarcerated men and women is the focus of Chapter 4. The chapter begins with the personal accounts of adulthood harm experienced by justice-involved adults. The qualitative evidence is validated, where possible, with empirical evidence on the prevalence of adulthood harm before and during incarceration. Harm of all types is prevalent in incarcerated settings even though there are legal protections that should keep people safe while incarcerated. Legal protections associated with international treaties on human rights, the U.S. Constitution, and federal and state laws are reviewed in the context of ethical principles regarding the treatment of people while they are deprived of their liberty.
Victimization Inside Prison
Authors: Wolff Nancy
Published: November 2022

Chapter 5 uses the personal accounts of incarcerated people to explore the production of harm inside prison. The chapter offers a unified model, called the triadic (resident-officer-environment) dynamic interactive (TDI) model, that draws from importation and deprivation theories, strain/stress theory, and a life-course perspective, to identify explanatory factors that might hinder or foster prison-based victimization. The empirical evidence on the impact of individual and prison factors on prison-based victimization is reviewed using the TDI model to organize the evidence. Research findings from national and international studies are reviewed. Similarities and differences in findings are discussed in the context of theoretical and methodological differences. Recommendations for the next generation of empirical studies are discussed in the last section.
Demand for Behavioral Health Treatment
Authors: Wolff Nancy
Published: November 2022

In Chapter 6, elements of the medieval story, along with personal accounts from resident experts and research evidence, are used to focus on two extremes: the immoderate need for treatment (evidenced by the high-reaching prevalence of behavioral health problems among detained and incarcerated persons: clinical need) and the equally immoderate unmet behavioral health needs (chasm between need and treatment use) among incarcerated people. Why is it that so few people with behavioral health needs are receiving behavioral health treatment while incarcerated? This need–service misalignment is explored by examining why residents may rationally not seek services for behavioral health problems even when services are available free of charge. This chapter stresses the importance of the therapeutic union and environment and their attributes.
Supply of Behavioral Health Treatment
Authors: Wolff Nancy
Published: November 2022

The supply of behavioral health treatment is explored in Chapter 7. The constitutional obligation to provide behavioral health services to incarcerated persons is juxtaposed to the under provision of mental health and substance abuse services in correctional settings. This leads to the question: If these services are currently underprovided, should more tax dollars be spent to increase their provision in correctional settings? The answer is: it depends. A value proposition framework is used to explain. A value proposition statement for behavioral health services delivered by correctional agencies is developed and then critically examined, exploring how services are delivered and what services are delivered. The evidence on affordable harm-recovery interventions based on correctional populations is reviewed in the last section.
Transformative Corrections
Authors: Wolff Nancy
Published: November 2022

Chapter 9 addresses the impact of story (culture) on correctional policies and the design of correctional settings. The medieval story of the loathly lady is used throughout the book to illustrate the curse and shadow of harm and the humanism needed to break the curse. This chapter returns to the story of the criminal and its impact on correctional policies and the (un)intelligent design behind the way we punish. An alternative story—that of the wounded person—connects us centrally to who we are and how we interact with each other. The reimagination of prisons as transformative healing centers begins with a new narrative that calls forth compassionate efficiency to break the curse of harm, yielding a value proposition worth paying for.
Foundations of Institutional Reality
Authors: Marmor Andrei
Published: November 2022

The book provides a novel account of the ontological foundations of institutional facts, and argues that there are some important epistemic and methodological implications that follow from this ontology. The first part of the book offers a detailed reductive account of institutional facts by way of metaphysical grounding. It shows that an ontology of institutional facts requires an ontology of social rules, and the latter depends on a reductive account of collective attitudes. The book offers a grounding-reductive account of collective attitudes that comports with methodological individualism. It argues for a functional explanation of the constitutive relations between rules and practices, challenging John Searle’s influential distinction between constitutive and regulative rules. The second part of the book aims to show that there are a number of important epistemic and methodological conclusions that follow from the ontology of institutional facts. First, that there are certain types of widespread errors about the socially constructed aspects of reality that are not metaphysically possible. The second methodological argument is that a metaphysical account of institutional reality does not have to provide an explanation of the relevant social practices in terms that would rationalize the practice for the participants themselves. Finally, the last chapter explains the idea of hierarchical practices, arguing that basic social power-structuring rules function to transform brute power into an elaborate normative framework, constituting authoritative institutions that are central to our institutional reality.
Hedging with Forward and Futures Contracts
Authors: Lie Erik
Published: November 2022

The chapter shows how forward/futures contracts can be used to manage risk by locking in future prices. The relation between forward/futures prices and expected future spot prices can be described by expectations, backwardation, or contango. Unlike forward contracts, futures contracts are not tailor-made and expose the hedger to basis risk. Cross-hedging is used when the asset underlying the futures contract differs from the asset whose price is being hedged, and entails estimating a hedge ratio to optimize the hedge. Rolling short-term contracts are used when long-term contracts are unavailable.
Payout Policy
Authors: Lie Erik
Published: November 2022

The chapter shows how corporate payouts to shareholders, including share repurchases and dividends, can be used as a supplementary tool to manage cash holdings. The various payout types differ with respect to their commitment for future payouts and tax treatment for shareholders. Simulations of cash distributions show which payout is most suitable in a set of hypothetical scenarios. Further, a simplified example shows that repurchases dominate dividends from a tax perspective. The chapter concludes with extensive examples of the payout decisions at Herbalife, General Electric (GE), and Apple.
Alive in Many a Dark Place
Authors: Shattuck, Jr. Gardiner H.
Published: November 2022

This chapter describes the variety of ways in which Episcopalians interacted with Middle Easterners during the second half of the nineteenth century. Among the topics covered are the ecumenical activities of High Church Episcopalians on the church’s Russo-Greek Committee; and the missionary labors of Mary Baldwin and Ann Hay in Palestine, of Rudolph Wahl among Assyrians in eastern Anatolia and Kurdistan, and of Charles Hale in Jerusalem. The chapter concludes with an examination of the response of Episcopal leaders to Ottoman attacks on Armenian Christians between 1894 and 1896, including the mission of Henry Yates Satterlee, Episcopal bishop of Washington, DC, to Tsar Nicholas II to seek Russian aid in defending the Ottoman Empire’s increasingly persecuted Armenian population.
Afflicted Peoples
Authors: Shattuck, Jr. Gardiner H.
Published: November 2022

This chapter examines how missionary work in the Middle East and the desire for establishing ecumenical partnerships with Eastern Christians influenced the Episcopal Church’s response to the immense influx of immigrants into American cities during the late nineteenth and early twentieth centuries—a concern that culminated in the formation of a national denominational program designed to provide both spiritual and practical support for foreign-born Americans. Similarly, the desire to assist immigrants from the Middle East drew the church’s attention to the Ottoman government’s genocidal assault on its Armenian and Assyrian citizens in 1915–16, and encouraged Episcopalians to join with numerous other leaders of the American Protestant establishment in organizing Near East Relief, an agency that marshaled humanitarian aid for thousands of Middle Eastern Christians struggling to survive in refugee camps in the aftermath of World War I.
Palestine Problem
Authors: Shattuck, Jr. Gardiner H.
Published: November 2022

This chapter analyzes the period between the awarding of the Palestine mandate to Great Britain and the beginning of World War II, and it describes how a combination of theological anti-Judaism and cultural anti-Semitism inspired the resistance of Anglican missionaries to the establishment of a Jewish homeland in the Middle East. Although the missionaries were enormously hopeful in the early 1920s, believing they possessed a heaven-sent opportunity to fully Christianize the biblical Holy Land, the rapid rise of Jewish immigration into Palestine, spurred by Balfour Declaration’s promise of a “national home” for the Jewish people, and the determined resistance of the region’s Arab population to the Zionist project ultimately crushed the missionaries’ ambitious designs. This chapter also introduces Charles Thorley Bridgeman, describing his critical role as a liaison between the leadership of the Episcopal Church and the Church of England’s mission in Jerusalem.
A punctuated history of understanding social adaptation
Authors: Boomsma Jacobus J.
Published: November 2022

Towards the mid 20th century, the so-called modern synthesis established evolutionary biology as a materialistic Darwinian and Mendelian science in terminology acceptable to systematists, geneticists, and paleontologists. This consensus is sometimes referred to as a neo-Darwinian synthesis, but that is misleading. A formal theory of adaptation and a phylogenetically controlled comparative method for analyzing adaptive states were lacking and developmental biology was left out. A neo-Darwinian synthesis combining all these approaches was not accomplished until the end of the 20th century and was ultimately based on the insight that natural selection for maximizing inclusive fitness explains adaptive design—the only fundamental process that sets biology apart from physics and chemistry. It is because of natural selection and historical contingency that biological phenomena always need both proximate and ultimate explanations and this is particularly true for social adaptations. The neo-Darwinian synthesis was initiated by Alfred Russell Wallace and August Weismann in the late 19th century and revitalized in the 1960s by three major developments: (1) Niko Tinbergen’s framing of the four complementary types of questions that define organismal biology as a hard science while identifying the study of adaptation as an indispensable component; (2) William D. Hamilton developing inclusive fitness theory, which allowed social adaptations to be captured in a single gene-copy currency no matter whether individuals reproduce themselves or help others to do so; and (3) George C. Williams conceptualizing the gene’s eye view of adaptation as a stringent hypothesis-driven and non-reductionist approach for understanding life’s organization at the cell, individual, and family level. This chapter summarizes these historical events and explains the logical principles that I will adhere to in the social evolution analyses of this book.
Establishing the promisor’s enrichment in Canadian law
Authors: Braun Alexandra
Published: November 2022

This chapter examines the extent to which the Canadian law of unjust enrichment can protect the interests of promisees of a testamentary promise. It explores what a promisee needs to prove in order to establish a successful claim and how courts quantify the relief, with a view to establishing the extent to which this doctrine is able to deal with the specificities that distinguish such promises. The analysis shows that, while in common law Canada enrichment law is regularly relied upon by promisees in instances where the promisor’s enrichment has come about through domestic performances rendered by a promisee who has acted on a promise of a future inheritance, it is not always straightforward to establish such a claim. Moreover, a proprietary award is not necessarily available to everyone, even if their performance has been substantial. Thus, while the Canadian doctrine of unjust enrichment has developed in a way that is sensitive to the testamentary context, obtaining an enrichment claim can be potentially difficult, not least because of the economic approach taken by courts as well as the relevance of both the promisee’s motives and of societal expectations.
Establishing a claim to deferred wages for up to ten years
Authors: Braun Alexandra
Published: November 2022

This chapter analyses the French provisions regulating the créance de salaire différé with a view to establishing the extent to which it may come to the aid of testamentary promisees even though it was not designed for that purpose. The chapter explores what requirements promisees must meet and what difficulties they face when establishing a claim. The chapter shows that while in many ways the créance de salaire différé fits the testamentary context, and a claim is not that difficult to establish, it is narrow in scope. Also, promisees would only be able to claim wages for up to ten years’ worth of their work and their claim can only be brought on the death of the farming ascendant, though she is treated as a secured creditor, which will give her significant protection vis-à-vis others with an interest in the estate.
An Introduction to Systems Thinking
Authors: McGlacken-Byrne Domhnall , Larkan Fiona , Mannan Hasheem , Vallières Frédérique , Kodate Naonori
Published: November 2022

Systems thinking is an approach to analysis premised on several core concepts and tools, particularly the idea that the nature of a complex human system is best understood through the interrelationships between its constituent parts. The intellectual roots of systems thinking trace back to the holistic thought of Aristotle, Lao Tsu, and others; in recent decades, systems thinking was informed by disciplines including systems theory and management science. Complex human systems demonstrate several defining traits, including purposefulness, self-organization, feedback loops between parts, and non-linear causality. Systems thinking has been described as a language, employing a range of tools, models, and theories to enable analysis of such systems. Increasingly, its applicability to complex problems within global and public health is recognized by bodies including the World Health Organization. By providing the historical and theoretical basis of systems thinking, this chapter contextualizes the practical, real-world global health topics examined in subsequent chapters.
Unpacking Complexity
Authors: Gilmore Brynne , Mollel Henry , Tumwesigye Nazarius Mbona , McAuliffe Eilish
Published: November 2022

The importance of working with communities in global health efforts cannot be understated. However, in practice, communities and their health-related actions and activities are often poorly understood and documented. This chapter discusses key considerations for community health by promoting a shared understanding of what are “communities” and “community health” within global health and providing a discussion on the complexities of both concepts and what this means for their investigation and implementation. This chapter concludes by putting forth recommendations for a more systems-thinking understanding of communities and their health with concreate examples of how employing systems-thinking approaches when working within community health can result in the application of more relevant and contextually aligned actions.
Using Systems Thinking as a Heuristic in the Design of Interventions for Social Inclusion
Authors: Huss Tessy , Mackway-Jones Euan , MacLachlan Malcolm
Published: November 2022

To promote and protect social inclusion meaningfully, interventions must be holistic in their scope, seeking to encourage inclusion between different social groups just as much as addressing examples of exclusion. Understanding the growing demand for policy approaches to promote social inclusion, this chapter seeks to develop practicable insights of the relevance and contribution of systems thinking to policy-making and programming for social inclusion. This chapter beings by briefly outlining the history of social inclusion/exclusion, the evolution of the concept, and its predominance within the current international development agenda. It argues that social inclusion/exclusion is best described as a “wicked” social problem and bears many characteristics of a complex adaptive system (CAS). The chapter discusses some applications of systems thinking to social inclusion/exclusion and argues that systems thinking is a useful heuristic to understand social exclusion and to analyze and design effective interventions to promote social inclusion. Finally, the chapter illustrates how systems thinking can provide innovative entry points for policy interventions aimed at promoting social inclusion for vulnerable groups with complex needs.
Capability Approach to Aid Systems-Thinking in Addressing Right to Health of Persons with Disabilities
Authors: Kroll Thilo , Mannan Hasheem
Published: November 2022

In 2006, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) affirmed equality of opportunities for persons with disabilities. The chapter argues that developing theories of change for context-specific policy responses and practices for the progressive realization of rights enshrined in the CRPD, by utilizing the capability approach and the International Classification of Functioning, Health and Disability (ICF). Under the capability approach, disability has been conceptualized as a deprivation of functioning’s (achievements) and capabilities (practical opportunities). However, the ICF conceptualizes disability along a continuum of activity limitation and recognizes that everyone experiences some degree of activity limitation during their life span, therefore identifying disability as a universal experience, not just one that affects a minority of the population. These two major fields of enquiry are now beginning to be recognized as inter-dependent. However, they are seldom considered together in implementing policies and programs advancing disability rights. Such an approach will enable application of the capability approach and the ICF to encourage and support effective systems thinking. Research advancing the health rights of persons with disabilities by integrating historical and current perspectives, methodological paradigms, and applications in different contexts is in its infancy, and this proposed application will represent an important advancement of the field.
Fact-Finding and Proof
Authors: Roberts Paul
Published: November 2022

This chapter is concerned with the epistemology and inferential logic of fact-finding and proof in criminal adjudication. It is an exercise in ‘taking facts seriously’ (Twining). Traditionally, this has been a neglected dimension of common law evidence. Facts can usefully be differentiated conceptually as constitutive (‘material’ or facta probanda), evidential, inferential, and/or normative. Facts must also be distinguished from ‘opinions’ (which, according to conventional wisdom, are admissible only if proffered by experts). Juridical proof employs standard tools of logical reasoning, including deduction, induction, and abduction. Common sense generalizations frequently employed in criminal trials supply illustrations. Reasoning about empirical facts (e.g. whether or not the accused committed the offence charged) is inherently probabilistic. Statistical information is sometimes useful in proving or disproving allegations of crime, but can turn problematic in the courtroom—especially in the form of ‘naked statistics’ or when combined with probabilistic tools (such as Bayes’ Theorem) invoked to recalibrate jurors’ common sense. English courts have resisted such overtures. Common sense inferential reasoning is more naturally organized around stories and ‘narratives’. Although these models of inference and fact-finding are psychologically familiar and pervasive, when employed in criminal adjudication common sense ‘narratives’ pose questions of bias, stereotyping, and injustice. Finally, processes of proof are circumvented to the extent that trial judges are empowered to determine factual issues by ‘judicial notice’. Designed to promote trial efficiency, this procedural mechanism is uncontroversial so long as strictly delimited by the test of ‘indisputability’. Instances of mission-creep invite procedural challenge.
Fair Trial
Authors: Roberts Paul
Published: November 2022

This chapter explores the core evidentiary principle that criminal trials must be ‘fair’. It weaves together jurisprudential strands from common law precedents, judicial interpretations, and applications of section 78 of the Police and Criminal Evidence Act 1984, and contemporary human rights jurisprudence elucidating Article 6 of the ECHR. This topic poses the elementary question: why should relevant evidence ever be excluded from a criminal trial? A variety of exclusionary rationales is canvassed: reliability; rights vindication (‘the remedial theory’); deterring police misconduct (‘disciplining the police’); safeguarding procedural integrity and the legitimacy of criminal verdicts. The traditional common law approach strongly prioritized evidential reliability and probative value. Section 78 transpired to be an almost endlessly adaptable provision which has been molded by judicial interpretation into a ubiquitous standard of procedural fairness. It precipitated a doctrinal shift towards principled exclusion of unfairly obtained evidence, latterly reinforced by Article 6 decisions and arguments (and parallel development of the courts’ abuse of process jurisdiction). General principles of evidentiary regulation are further explored in relation to police deception and proactive investigative tactics and stratagems, including cases of (alleged) ‘entrapment’. The constitutional status of fair trial principles is asserted.
Corroboration and Forensic Reasoning Rules
Authors: Roberts Paul
Published: November 2022

This chapter charts an evolution in common law regulatory techniques from (scattered, residual) corroboration requirements and related quantitative proof standards to an expanding modern corpus of primarily qualitative forensic reasoning rules. As an epistemic operator, ‘corroboration’ is simply supporting or convergent evidence, but English law adopted a narrower technical definition. Over the course of the twentieth century, these legal technicalities were gradually abandoned—along with most of English law’s formal requirements for ‘two witnesses’ or other corroboration stipulations (some of which were rooted in discriminatory stereotypes). The judges improvised a series of ‘corroboration warnings’, in relation to eyewitness identification evidence (Turnbull) and witnesses who, as a class, pose enhanced risks of unreliability owing to compromised capacity (Spencer) or self-interest (Beck). Such warnings were subsequently generalized (Makanjuola), and are now extensively adumbrated by the Crown Court Compendium in relation to myriad categories of ‘suspect’ evidence. The discussion draws together judicial directions examined in pervious chapters (e.g. in relation to ‘suspicious silence’), well-established common law doctrines (e.g. Lucas directions on lies), statutory warnings (e.g. PACE 1984, s.77), and post-Makanjuola judicial improvisation, into the capacious conceptual framework of ‘forensic reasoning rules’. Institutionally, this development represents a shift from categorical inadmissibility rules to qualified admissibility standards. For evidence law analysts, forensic reasoning rules afford holistic institutional insights unavailable to studies of atomistic exclusionary rules. In articulating (fragments of) the logic of inferential reasoning authoritatively communicated to fact-finders, detailed judicial directions intimate how jurors are meant to reason from evidence to proof. The general topic of corroboration has lately acquired a human rights dimension, encapsulated in the ‘Al-Khawaja saga’ over ‘sole or decisive’ evidence.
Criminal Evidence—Retrospective and Prospects
Authors: Roberts Paul
Published: November 2022

This concluding chapter summarizes the book’s principal themes, arguments and topical coverage, and considers emergent trends and future directions in criminal evidence. A contextual approach to criminal evidence is reaffirmed, integrating normative principles, socio-legal ‘thick description’ of institutions and processes, and the epistemic demands and constraints of criminal adjudication. Principles are more enduring than mere legal rules and doctrines. They connect detailed evidentiary norms with their deeper normative rationales, illuminating criminal evidence as applied political morality. Pragmatically, the sprawling, expanding, diversifying corpus of evidentiary sources can be known, and tamed, only in principle. Extending the methodological precepts of criminal jurisprudence, our ‘five foundational principles’ are recapitulated, and their elaboration into further tiers or waves of subprinciples is illustrated. This mosaic of principles forms a dynamic but mutually stabilizing institutional framework transmitting a continuous common law procedural tradition. Technological innovation has been a major driver of recent legislative reform and ongoing institutional change. Smart evidentiary regulation must adapt to changes in social behaviour and new forms of evidence (CCTV, dashcams, smart phones, DNA profiling). Common law evidence is no longer a collection of exclusionary rules fashioned from judicial precedents and a few supplementary statutory provisions. Contemporary sources of criminal evidence encompass constitutional, human rights, and hard-working soft laws, whilst admissibility rulings are sandwiched between proactive judicial case management and richly articulated forensic reasoning rules. Criminal procedure jurisprudence is also increasingly cosmopolitan in its outlook, inspiration, and doctrinal borrowings. Whilst the future shape of criminal adjudication is especially difficult to predict at times of rapid change and social dislocation, digitalization of information, virtual communications, and AI algorithms will probably expand their scope and influence. Criminal evidence may be forced to adapt, but—on pain of forfeiting legitimacy—must never abandon its principles.
Transformation and divergence
Authors: Goodfellow Tom
Published: November 2022

This chapter elaborates the book’s theoretical framework in depth. It begins with a discussion of some contemporary strands of urban theory and the extent to which these engage with or deflect questions of causality. Drawing on Critical Realism, it explains this book’s interdisciplinary approach to causal force, particularly in relation to questions of structure and infrastructure, and the human and non-human elements that shape urban transformations. It then sets out in detail each of the four casual factors used to explain divergent trajectories of urban development: the distribution of associational power, the pursuit of social legitimacy, modalities of political informality, and legacies and practices of infrastructural reach. Finally, it discusses how these are conceptualized in relation to one another and at different scales, building a ‘level abstracted’ analytical lens on the politics of urban transformation.
The making of urban economies
Authors: Goodfellow Tom
Published: November 2022

This chapter turns to the making of urban economies, again taking in a broad sweep of history from the early modern period to the present. Framing the evolution of urban economies in relation to the idea of ‘operations of capital’, it traces the early evolution of a regional trading economy from the Indian Ocean to the interlacustrine zone, and the parallel economic integration of the Horn of Africa, before turning to the colonial period and especially the urban impact of colonial railways and limited industrial investment. It then turns to the early postcolonial period, tracing the journey from optimism and economic promise to revolutions, ruptures, and economic collapse. Finally, it examines the celebrated recent economic development achievements of the three case study countries and their relationship to the capital city, setting the scene for the remarkable and divergent urban transformations discussed in the remainder of the book.
New urban visions and the infrastructure boom
Authors: Goodfellow Tom
Published: November 2022

This first chapter in Part III of the book, which focuses on twenty-first-century comparative urban development, discusses changing approaches to Kampala, Kigali, and Addis Ababa at the level of government visions for urban development and associated infrastructure projects. It traces the path from urban neglect (and in some cases rural bias) towards a new enthusiasm for urban investment and engagement in the twenty-first century. It then sets out the international context for international investment in African infrastructure, before discussing one major infrastructure ‘mega-project’ in each city. The chapter argues that these projects typify the priorities and modes of infrastructure governance in each case, and explains their relationship to legacies of infrastructural reach and attempts to construct particular forms of legitimacy. In addition, it explores some of the more contingent and unanticipated outcomes of these infrastructures and their role in shaping urban change on the ground.
Urban propertyscapes
Authors: Goodfellow Tom
Published: November 2022

This chapter turns introduces the idea of urban propertyscapes, which refers to patterns of residential and commercial property development in a given city, how this is arranged across urban space, and how it relates to land regimes and the politics of regulation. After examining the post-conflict evolution of the real estate sector in the three cities, the chapter delineates basic incentives and constraints and how these have channelled ever more resources into the ‘secondary circuit’ of capital, drawing resources away from more productive investment. It then considers questions of urban housing provision, particularly in Addis Ababa, the site of one of Africa’s most extraordinary state-driven housing experiments, and considers why so little urban housing has been built in the other cases. In a concluding comparative discussion, it argues that different distributions of power and strategies of legitimation are central to accounting for the different emergent urban propertyscapes across the region.
The politics of noise and silence
Authors: Goodfellow Tom
Published: November 2022

This chapter examines how urban populations have responded to urban transformation through different forms of informal political engagement, protest, and dissent. It introduces the idea of urban political registers to explore the collective responses of urban-dwellers at the receiving end of the manipulation and subjugation that has accompanied the urban projects explored in Chapters 5–7. After a conceptual discussion of questions of continuity and rupture in urban politics, it considers the historical evolution of political culture in each case. Following this, it explores the dominant political registers that have surfaced and consolidated as ruling elites have pursued urban transformation alongside different forms of authoritarian control. Arguing against generic conceptions of ‘resistance’, it suggests that violent protest has become increasingly institutionalized as a political register in Kampala, in contrast to the relative ‘silence’ of individualized refusal in Kigali and the more penetrative forms of mobilization and counter-mobilization in Addis Ababa.
Preface
Authors: Gibson Andrew
Published: November 2022

The preface begins by considering how far the concepts of neoliberalism and neoliberal culture may have mutated during the period of composition (2016–2022). What differences might populism, climate change, and the Covid-19 pandemic have made to its terms? Certainly, we are living in an age of ‘contingent neoliberalism’ or ‘precarity capitalism’. There have been modifications to neoliberal culture … but without any major changes to it. Its cornerstones remain securely in place. This book thus responds to an imperative. It pits the major English-language novelist of our times against the culture. It seeks everywhere to read Coetzee’s work as developing a kind of thought equivalent to if distinct from that of a major philosopher, sharing the philosopher’s founding break with seemingly self-evident but inert certainties. In pitting Coetzee against neoliberal culture, I try to remain faithful to his founding move, a radical break with what threatens us all, total immersion in present `knowledge’.
Sobriety and the New Eudaemonism
Authors: Gibson Andrew
Published: November 2022

Neoliberal culture has given rise to a new eudaemonism: that is, it has been preoccupied with the goal of a certain kind of happiness, and certain (usually unserious) means of searching for it. This chapter begins by dismantling the new eudaemonism, its neoliberal presuppositions, and its principal, determining source, the American ‘happiness industry’. Neoliberal subjects have to be happy in order to demonstrate the otherwise questionable good of neoliberalism. But neoliberalism cannot securely provide any serious happiness or distinguish between happiness and hedonism or euphoria. By contrast, Coetzee commits himself to a practice of sobriety and an imaginative reason. Through readings of two of his novels, the chapter shows that he is concerned not with happiness, but with the possibility of a minimal livability. This is as much as the Coetzeean subject can hope for in a world that, figured as a continuous catastrophe, threatens to make life unliveable.
Collecting and Recollecting
Authors: Lutz Deborah
Published: November 2022

Chapter 2 examines another sort of volume. Attempts to preserve the embodied moment, to capture and keep experience, Victorian albums (especially friendship, autograph, and botanical) were gatherings of pressed objects that could seem to spring off of the page—moss, locks of hair, ribbons, feathers, valentines, lace, and other material memories. Attached with paste, wafers, thread, or straight pins, theater programs, printed menus for special meals, lecture flyers, letters, and the like needed to be folded out to be read—three-dimensional layers that required the hand as well as the eye. Such assemblages influenced writers like Gaskell, a collector of personal ephemera who used her fiction to think about the pulling together of fragments (bodies, scraps, reused household items, and memories).
Reusing, Tearing, and Folding
Authors: Lutz Deborah
Published: November 2022

Chapter 4 explores a different sort of collecting method. Tracing the reuse of domestic items as part of the writing, creating, and reading process for many authors in the nineteenth century, this chapter considers rebinding books with repurposed clothing, stitching wallpaper onto a manuscript booklet, ripping off a corner of a letter and using its blank side to compose a poem, taking an old ledger and turning it into a souvenir album, and other types of thrifty activities. In many cases of reuse, restricted choice (and space) enriched aesthetic decisions rather than limiting them, especially when it came to Emily Brontë’s poetry manuscripts. Thinking of paper (and books) as more than a carrier of text (or as a carrier of just one text) brought fragments of everyday life into the creative process.
A Pluralist Theory of Constitutional Justice
Authors: Rosenfeld Michel
Published: November 2022

Liberal constitutionalism has come under sharp attack as globalization led to a confluence of huge disparities in wealth, identity-based alienation triggered by mass migration, and accompanying erosions of democracy. Liberal constitutionalism has also been challenged by illiberal populists who have adapted its framework to mask their aim to subvert its core values. These developments bring the nexus between the constitution and justice to the fore, and in particular that concerning distributive justice in its three dimensions of redistribution, recognition, and representation. The book provides a systematic account of the central role of distributive justice in the normative legitimation of liberal constitutions. Because what distributive justice requires is highly contested and constitutions are supposed to be susceptible of garnering a consensus among those they govern, constitutions only ought to guarantee essential but limited aspects of justice. Drawing on Rawls’ insight that distributive justice calls for “constitutional essentials,” the book advances the thesis that liberal constitutions must incorporate certain “justice essentials.” The book is divided into three parts. Part I examines the combination of current legal, economic, political, and ideological developments that pose challenges to the normative viability of liberal constitutionalism. Part II offers a rereading of the relevant philosophical and jurisprudential literature that sheds crucial theoretical light on the relationship between constitution and justice. This rereading draws on key figures in both the analytic and the continental traditions. Finally, Part III makes the case for a thoroughly pluralistic approach being optimal in the quest for a constitution’s justice essentials.
Disembodied Law, Reinvigorated Religion, and Tribal Politics
Authors: Rosenfeld Michel
Published: November 2022

This chapter details the level of fracture and alienation that have surged as by-products of globalization, severely disrupting demos and ethnos while throwing into disarray previously relied upon ways to seek convergence between the universal, the singular, and the plural. Law increasingly looms as abstract, distant, elusive, and oppressive, as a plurality of transnational legal regimes overlap with domestic ones. This fosters a sense of increasing alienation and inequity as many feel ever more burdened under national and transnational legal regimes over which they have no control, while others are powerful enough not only to fashion some laws but also to choose among various regimes so as to maximize their benefits and minimize their burdens under law. Against this, there has been a strong resurgence and repoliticization of religion, with fundamentalism and intolerance on the rise. Moreover, this renewed “religious” fervor has spilled over to other strongly invested identitarian units, such as ethnic or linguistic communities with exclusivist tendencies. Accordingly, politics has become increasingly tribal and intransigent, with zero-sum confrontations that leave little room for compromise and genuine cooperation.