bluuebunny/crossref_metadata_2025 huggingface dataset:
The Making of a Cause Lawyer
Authors: Meierhenrich Jens
Published: April 2018

This chapter provides the biographical and historical context necessary for understanding Fraenkel and his time. The analysis is organized into three sections: his early years, the Weimar Years, and the Nazi years. In the first section, I trace Fraenkel’s upbringing in a secular household influenced by the so-called Jewish Enlightenment, or Haskalah; explore the origins of his life-long predilection for social democracy; and recount the intellectual effects of his military service in World War I. In the second section, I reconstruct Fraenkel’s education and socialization as a young lawyer and interpret Fraenkel’s most important Weimar-era writings. I explicate the roles they played in preparing the ground for the writing of The Dual State. In the third section, finally, I commence my analysis of Fraenkel’s Nazi-era thought and conduct up until his escape to freedom in 1938.
The Return of the Diary in Barthes’s ‘Vita Nova’
Authors: Ferguson Sam
Published: April 2018

This chapter examines a moment when the literary avant-garde returned to diary-writing and the writing subject, by focusing on Roland Barthes’s experiments with the diary (journal intime). These experiments take place in the context of his project for a ‘Vita Nova’ (seeking a unification of his life and writing, and a new, subjective form of literature), and are all related to his mourning for his mother. His Journal de deuil (written 1977–1979) pursues an impossible ideal of diary-writing, in which a univocal, fully present writing subject expresses a valuable interior experience to produce a literary œuvre. The impossibility of this ideal leads Barthes to his reflections on the diary in the article ‘Délibération’, and then to an almost perfectly opposite form of diary-writing project, with Soirées de Paris. These two diaries, exploring opposite extremes of writing, are placed by Barthes as components within his imagined novel (Vita Nova).
The Organization of Markets
Authors: Ahrne Göran , Aspers Patrik , Brunsson Nils
Published: April 2018

The term organization has earlier been used in the context of markets, but what is missing from current literature is a more systematic analysis of this notion. We present an analysis of partial organization that provides a theoretical framework for the discussions in the remaining chapters. Organization is described as a decided order where the most fundamental decisions are about membership, rules, monitoring, sanctions, and hierarchy. We exemplify how these ‘organizational elements’ are common in contemporary markets—not only in markets within formal organizations such as exchanges, but also in the more common form of markets described in the book, markets outside formal organizations. We demonstrate that a decided order has specific characteristics that make it salient to distinguish it from orders emerging from mutual adaptation among market actors and from institutions in markets.
Dealing with Asymmetric Information
Authors: Gustavsson Martin
Published: April 2018

A dilemma for market organizers is created by the fact that sellers want to know as much about buyers as possible, whereas buyers rarely want the seller to have that information—not least for privacy reasons. This dilemma is affected by market organization, and market organization may also be used to try to change imbalances in the conflicting information interests. In the market for personal insurance, insurance sellers require in-depth information about the buyer’s health conditions, in order to make an accurate categorization. As this information is sensitive to buyers, however, and can potentially exclude them from the market, many buyers are concerned about sharing it. This chapter demonstrates how sellers have spent considerable resources trying to organize buyers. However, the considerable imbalance in favour of the sellers’ interests triggered buyers and their advocates to call for market reorganizations. Eventually the state reacted and reorganized the market, but only modestly so.
Brownian Motion and Crowd Psychology
Authors: Crossland Rachel
Published: April 2018

Starting with Albert Einstein’s 1905 paper on Brownian motion, Chapter 5 considers late nineteenth- and early twentieth-century ideas on large masses, through reference to both molecular physics and crowd psychology. Each discipline is shown to have drawn on the language and imagery of the other, with both moving from a focus on individuals to a focus on statistical averages for large groups. This chapter explores the scientific work of James Clerk Maxwell, Einstein, and Jean Perrin alongside texts on crowd psychology by Gustave Le Bon, Wilfred Trotter, and Sigmund Freud, arguing that both physicists and crowd psychologists were developing similar ways of thinking about large masses at the same time, not least due to the dramatic increases in population, especially in urban areas, at the turn of the century. Woolf’s and Lawrence’s possible engagements with, and knowledge of, both the scientific and psychological ideas are also considered.
A Brownian Model for Literary Crowds
Authors: Crossland Rachel
Published: April 2018

Chapter 6 applies the ideas explored in Chapter 5 to a range of early twentieth-century literary texts, especially those by Woolf and Lawrence. The focus here is on crowd and city scenes, including the modernist figures of the flâneur and the passante. The chapter as a whole argues for the relevance of contemporary ideas on molecular physics, especially Brownian motion, to portrayals of individual characters in relation to crowds, drawing on a range of texts including Woolf’s Night and Day and Mrs Dalloway, Lawrence’s The Trespasser and The White Peacock, and texts by Joseph Conrad, James Joyce, and H. G. Wells. Together with Chapter 5, this chapter demonstrates how ideas, language, and imagery were shared across disciplines in the early twentieth century, and argues that considering different disciplines together can help us to recapture a sense of the ways in which particular issues were experienced at the time.
Jansenist Augustinianism and the Springs of Pastoral Rigorism
Authors: Palmer Thomas
Published: April 2018

The central controversy surrounding Jansenism concerned its alleged heterodoxy in respect to divine grace and human liberty. Five propositions regarding fallen human nature, the operation of grace, and the ability of man to cooperate with it were extracted from Jansen’s Augustinus, and condemned by Innocent X in 1653. The Jansenists denied that they maintained the propositions in the condemned sense. Their position was framed against a teaching developed by Molina and other Jesuits (analysed in section II), which, they claimed, attributed so much power to fallen nature as to fall into Pelagianism. The chapter balances accounts which relate the Jansenists’ moral rigorism wholly to their pessimistic assessment of human nature and their predestinarianism. They aimed to establish human freedom and the responsibility of each individual for his own conversion, and the counterpoint to their view of the fall was a mystical optimism regarding the destiny of nature under grace.
Hobbes among the Philosophical Idealists
Authors: Boucher David
Published: April 2018

Hegel identified clear deficiencies in Hobbes’s ‘scientific empiricism’, but he admired his logic and emphasis on the subjective power of the will. In Hegel’s characterization of individual self-consciousness the importance of the master/slave relationship owes a great deal to Hobbes. He was, for Hegel, an original perceptive thinker who tried, but ultimately failed, to raise ‘scientific empiricism’ to the level of philosophy. We cannot hold Hegel responsible for the lack of interest and hostility to Hobbes among early British idealists. It was Green’s almost wholly negative assessment that led such thinkers as Bradley and Seth to ignore Hobbes. We find in Bosanquet an altogether more qualitative nuanced assessment. The reassessment by idealism of Hobbes’s contribution culminates in Collingwood’s appreciation that Hobbes’s greatest discovery was that language was not the device by which we communicate pre-existing knowledge, but was prior to it and without which knowledge could never come into existence.
Constraining Leviathan
Authors: Boucher David
Published: April 2018

In this chapter the place of Hobbes in relation to the twentieth-century crisis of civilization is explored through the writings of Schmitt and Oakeshott. The nature of the crisis is explored, and it becomes evident that the pernicious elements that one perceives as the contributory factors in the decline are what the other claims are the strengths which are being undermined by the crisis. Both Oakeshott and Schmitt are critics of liberalism, but whereas Schmitt sees parliamentary democracy as a weakness emanating from liberalism, Oakeshott believes that parliamentary democracy predates modern liberalism, and is one of the strengths of contemporary politics with the potential to resist the decline. Individuality, pluralism, the secret ballot, and the rule of law are for Schmitt unnecessary constraints contributory to the depoliticization of the political, undermining the capacity of the sovereign to determine, or decide who are friends and enemies.
Hobbes among International Relations Thinkers
Authors: Boucher David
Published: April 2018

Among philosophers and historians of political thought Hobbes has little or nothing to say about relations among states. For modern realists and representatives of the English School in contemporary international relations theory, however, caricatures of Hobbes abound. There is a tendency to take him too literally, referring to what is called the unmodified philosophical state of nature, ignoring what he has to say about both the modified state of nature and the historical pre-civil condition. They extrapolate from the predicament of the individual conclusions claimed to be pertinent to international relations, and on the whole find his conclusions unconvincing. It is demonstrated that there is a much more restrained and cautious Hobbes, consistent with his timid nature, in which he gives carefully weighed views on a variety of international issues, recommending moderation consistent with the duties of sovereignty.
The 1970s
Authors: Loxley John
Published: April 2018

The UN’s Second Development Decade strategy aimed at 6 per cent annual economic growth and greater equity among social groups. The Survey supported the call for a New International Economic Order, a radical reorganization of global relations. But global turmoil frustrated most of these goals. The resultant shift towards monetarism slowed global growth, especially in poorer countries, greatly enhancing their debt servicing problems. Successive issues of the Survey called for equitable global expansion, greater policy coordination, more concessional financing for developing countries and reduced trade barriers. Here, the Survey was often ahead of its time. It argued for the basic needs approach, appropriate technology, rural–urban balance, and prudential borrowing. It said little or was silent about the role of women, dependency theory, and the limits to growth in this decade.
The 2000s and Beyond
Authors: Ghosh Jayati
Published: April 2018

The decade of the 2000s was a period of boom and bust when, despite rising prosperity in general, there was increased inequality and heightened economic insecurity for most people in the world. The Survey reports tracked both causes and outcomes, taking a broader view of development that emphasized the importance of economic processes and structural change and recognized the effects of macro imbalances and financial instability, as well as the limits posed by ecological damage and social tensions. Several concerns—and possible solutions—outlined in the Survey reports still have major contemporary relevance, including the importance of countries adopting their own national development strategies and the need for international cooperation.
The World Economy from 1999 to 2007
Authors: Vos Rob
Published: April 2018

Between 1999 and 2007, global economic trends were characterized by the aftermath of the Asian financial crisis, the bubble and burst of the dot-com crisis, and a global recovery which triggered a boom in commodity prices and inflated housing and stock market bubbles in the US and other high-income countries. These trends culminated into the global financial crisis of 2008–9. Few observers saw this crisis coming. UN economists did. This chapter looks at what UN economists saw as risks, but other observers failed to see: (a) the widening savings–investment imbalances across countries; (b) the risks of cheap money in the context of unregulated finance; (c) the decoupling of economic growth between developed and developing countries; and (d) the risk of imminent exchange rate instability. Revisiting the history of this period is relevant for drawing lessons for the understanding of today’s buildup of another dot-com bubble and its possible consequences.
The United Nations and Development
Authors: Chowdhury Anis
Published: April 2018

Just as the Bretton Woods institutions were finding their feet, the United Nations got going right from the start with three pioneering reports on how to stabilize developed economies to achieve full employment, and how to harness the economies of the Third World. This chapter is a critical comparative evaluation of two of these pioneering UN reports on problems of underdevelopment: Measures for the Economic Development of Underdeveloped Countries, (1951), and The Economic Development of Latin America and Its Principal Problems (1950). These two pioneering reports profoundly influenced the development discourse and still stand tall. This chapter also reflects on the fall and rise of the UN in setting global development strategies and internationally agreed development goals (IADGs), such as Agenda 2030 for Sustainable Development Goals (SDGs). The discussion highlights the main thrust of the UN’s policy prescriptions and where they differed with other major organizations or schools of thought.
Introduction
Authors: Kende Mathias
Published: April 2018

The Introduction contains an executive summary of the book. It also encompasses some background highlighting the rationale for the book, detailing the still persistent lack of comprehensive academic literature on the TPRM and the need for further research with regard to the TPRM, both as an ‘understudied’ WTO entity and as a prime example of a mechanism for peer review, and an explanation with regard to the methodology, which aims to assess the TPRM’s historic and actual performance as the WTO’s system for peer review through a specific focus (1) on the implementation of the TPRM’s objectives (transparency and naming and shaming); (2) its evolving structures, thereby focusing on individual TPRs and on the yearly Overviews of Developments in the International Trading Environment; and (3) its participants, the government under review and its peers, the WTO Secretariat, and the discussant(s)).
Critical Analysis of the TPRM
Authors: Kende Mathias
Published: April 2018

This chapter covers the historical development of the WTO’s mechanism for peer review. It examines the conceptual development of peer review and distils typical core elements (objectives, structure, and participants) by looking at the IMF, the OECD, the FSB, the APRM, the UPR, and the UNFCCC and its Kyoto Protocol. These elements are then applied to analyse the historical advent of the TPRM. The analysis also covers the first five appraisals of the TPRM (1999, 2005, 2008, 2011, and 2013). For each of these, it examines the TPRM’s objectives (including its implementation of the naming and shaming objective and potential link(s) with the Dispute Settlement Body), its structure (focusing on individual reviews and on the yearly overviews of developments in the international trading environment), and on its participants (focusing on governmental attendance and participation rates, the evolving capacities of the WTO secretariat, and on the attitudes of discussants).
Voluntary Disruptions
Authors: Newman Abraham L. , Posner Elliot
Published: April 2018

From home mortgages to iPhones, basic elements of our daily lives depend on international markets. The astonishing complexity of these exchanges may seem ungoverned. Yet the global economy remains deeply bound by rules. Far from the staid world of treaties and state-to-state diplomacy, governance increasingly relies on a different class of international market regulation—soft law—composed of voluntary standards, best practices, and recommended guidance created by a motley assortment of organizations. Voluntary Disruptions argues that international soft law is deeply political, shaping the winners and losers of globalization. Some observers focus on soft law’s potential to solve problems and coordinate market participants. Voluntary Disruptions widens the discussion, shifting attention to the ways soft law provides new political resources to some groups while not to others and alters the sites of contestation and the actors who participate in them. Highlighting two mechanisms—legitimacy claims and arena expansion—the book explains how soft law, typically viewed as limited by its voluntary nature, disrupts and transforms the politics of economic governance. Using financial regulation as its laboratory, Voluntary Disruptions explains the remarkable pre-crisis alignment of US and European approaches to governing markets, the rise and prominence of transnational industry associations in the 1990s and 2000s, and the ambivalence of US reforms toward international market cooperation in the wake of the 2008 financial crisis. Rethinking scholarly and policy approaches to international soft law, Voluntary Disruptions answers enduring and pressing questions about global finance, international relations, and power.
International Soft Law and Mechanisms of Political Disruption
Authors: Newman Abraham L. , Posner Elliot
Published: April 2018

Chapter 2 is a detailed development of the book’s central argument that emphasizes soft law’s second-order consequences, including the way it disrupts the politics of economic governance. The chapter provides a clear and parsimonious definition of soft law: written advisory prescriptions. It reviews existing literature, which has often centered on soft law’s ability to solve governance problems at a given moment in time and focused on issues surrounding compliance. The chapter then turns to the book’s main argument, outlining the logic behind two important temporal mechanisms of political disruption: legitimacy claims and arena expansion. This theoretical chapter thus sets up the key concepts and propositions used in the following empirical chapters, detailing the specific ways that soft law, as a political institution, transforms politics over time.
The Impact of the Water–Energy Nexus in Realizing Sustainable Access to Water and Energy
Authors: Maduekwe Nkiruka Chidia , Young Cheri-Leigh
Published: April 2018

Access to water and energy have been identified as integral elements necessary to realizing sustainable development and the principal goal of poverty eradication as indicated in the SGD goals. These goals are especially relevant to the African continent, where many are still without access to safe, clean water, and energy. As it were, the provision of water and energy services are intricately connected; to provide water, energy is required, and vice versa. Against this background, the chapter examines African regional, sub-regional, and national legal frameworks and policies to ascertain whether they provide adequate platforms through which sustainable access to water and energy can be achieved and, conversely, whether these legal frameworks and policies impede sustainable access to water and energy. The chapter finds that to ensure sustainable access to water and energy, an integrated rather than individualistic approach might provide the requisite solution.
A Theory of Global Governance
Authors: Zürn Michael
Published: April 2018

This book offers a major new theory of global governance, explaining both its rise and what many see as its current crisis. The author suggests that world politics is now embedded in a normative and institutional structure dominated by hierarchies and power inequalities and therefore inherently creates contestation, resistance, and distributional struggles. Within an ambitious and systematic new conceptual framework, the theory makes four key contributions. First, it reconstructs global governance as a political system which builds on normative principles and reflexive authorities. Second, it identifies the central legitimation problems of the global governance system with a constitutionalist setting in mind. Third, it explains the rise of state and societal contestation by identifying key endogenous dynamics and probing the causal mechanisms that produced them. Finally, it identifies the conditions under which struggles in the global governance system lead to decline or deepening. Rich with propositions, insights, and evidence, the book promises to be the most important and comprehensive theoretical argument about world politics of the twenty-first century.
The Rise of the Global Governance System: A Historical-Institutionalist Account
Authors: Zürn Michael
Published: April 2018

The global governance system developed in the 1990s as a result of a path-dependent sequence that started with the choice of embedded liberalism in the 1940s. The post-Second World War constellation provided a critical juncture that led to institutionalized embedded liberalism and collective security under American leadership. Afterwards, self-reinforcing mechanisms strengthened this institutional design. This whole dynamic was accelerated by an external push when the Soviet empire faltered and functional differentiation could develop its full potential. Together, these developments created a new critical juncture. As a result of the decisions taken in this situation, a global governance system emerged. It consists of loosely coupled spheres of both political and epistemic authority. Overall, the authority of IOs has increased remarkably. As a consequence, this global governance system co-produces reactive sequences. It contains serious deficits undermining its acceptance and sustainability leading to resistance and demands for change.
Substantive Right to Life Obligations
Authors: Park Ian
Published: April 2018

There is a difference between a State’s substantive and procedural right to life obligations. This chapter explores what amount to a state’s substantive right to life obligations with reference to Article 2, ECHR and Article 6, ICCPR. The respective provisions are analysed to determine the extent of a state’s substantive right to life obligations during armed conflict and then a comparison between the two international law instruments is undertaken. In order to undertake such a comparison, the exceptions to the right to life in both the ECHR and ICCPR are examined. Once determined, the planning and conduct of a military operation are considered, to assess the extent to which, in general terms, right to life obligations are considered in these areas.
The Effect of Derogation
Authors: Park Ian
Published: April 2018

Derogations have been cited as some as a panacea to resolve the unwelcome encroachment, as they see it, of human rights law into armed conflict. This chapter challenges this assertion by analysing the issue with reference to how derogations take effect in respect of a state’s substantive and procedural right to life obligations. The chapter concludes that while derogations may help resolve the tension between international humanitarian law and human rights law in this area by affording primacy to international humanitarian law, they do not prevent all right to life-based litigation founded on the activities of armed forces during an extraterritorial armed conflict.
The Limits of Criminal Misconduct
Authors: Horder Jeremy
Published: April 2018

I turn my attention to the theoretical or moral justification for the offence of misconduct in public office. I argue that the offence of misconduct in office is only tenuously connected to the ‘harm principle’ justification for criminalization. I suggest that the offence is better explained by what I call the ‘role’ theory of criminalization. I also consider the legitimate scope of the offence: the kinds of misconduct that it should, and should not, cover. In that regard, we will see that codes of conduct that govern officials—a vital written element to the UK’s constitution—play a role not merely in setting boundaries but also in minimizing rule of law uncertainty about the kind of misconduct that may be found to fall within the scope of the offence.
Nation Building and the Nature of Communist Conservation
Authors: Songster E. Elena
Published: April 2018

Through a thorough examination of government policies from the 1950s and 1960s, this chapter demonstrates a shift in the Chinese governmental view of nature. Nature had been seen alternately as either a hurdle to overcome or a well of resources and hidden knowledge. Following the Great Leap Forward (1958-9) and subsequent famine, government officials acquired a new perspective of nature and, for the first time, saw nature simultaneously as a means of generating revenue and a place in need of protection. I position these policies in the context of broader communist ideological rhetoric to illustrate that government officials and scientists engaged in rigorous dialogue and expressed varied views on the place of nature in communist thought. The rhetoric in China’s nature protection policies offers striking parallels to the arguments posed by Progressive-era American conservationists.
Introduction
Authors: Jamil Ghazala
Published: April 2018

The introduction begins with acknowledging rapid urbanization in India and moves on to a brief historical account of Delhi and its Muslim residents. It agrees with the historians that the fate of Delhi’s Muslim residents is entangled with the history of the city. The narrative traces several historical instances like the sepoy mutiny, partition, emergency, among others, as a background to the description of neoliberal Delhi and the contemporary topography of the city. Continuing in this aim to prepare a background, the introduction briefly gestures towards various attempts at (i) theorizing the city as spatialization of capitalism, and (ii) theoretically mapping the geographies of discrimination. Rationale for use of critical theory to provide the book its philosophical and conceptual framework of the work is discussed briefly. Within this framework ‘Positionality’, ‘Spatiality’ and ‘Identity’ are used as sensitizing concepts. The chapter closes with a brief statement of the core arguments of the work and their organisation in chapters to follow.
Materiality of Culture and Identity
Authors: Jamil Ghazala
Published: April 2018

This chapter opens with a brief survey of literature on spatialization of discrimination. It presents an account of Old Delhi and Seelampur. It investigates ideological purposes of production of space and asserts that urban space has been commodified by capitalism even in its quality as a place of play and leisure. Parts of the Muslim localities in the walled city are produced as museumized space for the adventurous neo-liberal consumer of artistic, cultural, historical, and architectural heritage. Simultaneously, Muslim localities (such as Seelampur) are produced as derelict, dense and illicit areas by discursive practice—journalists, social science/planning researchers, social work/development practitioners. It is asserted that the two processes of segregation through ‘representation of space’ are affected due to materiality of culture and identity. Cultural commodification and labour market segmentation, as two modes of accumulation, are aided by segregation.
Variable but Durable Marginalities
Authors: Jamil Ghazala
Published: April 2018

This chapter describes the features of Jamia Nagar, Nizamuddin, and Taj Enclave. It takes forward the narrative of how in the overall logic of city as a vehicle of capital accumulation, segregation of Muslim population in specific neighbourhoods with their contained labour or fixed assets serves a specific purpose. In this chapter, closer attention is paid to built spaces—how discrimination in housing and real estate transaction not only maintains segregation but also aids the project of capital accumulation in favour of other spaces in the city. Muslim middle-class, educated, professionals in these areas are discovered as a specific segment of workers in the neo-liberal city. This aspirational class experiences a different kind of alienation in the city. While they push the boundaries that constrain them, they realize that these are shatterproof.
Media Representations
Authors: Jamil Ghazala
Published: April 2018

Chapter five is an attempt to further develop the discussion on discursive subalterneity of Muslims. Although media practices generally and Bollywood cinema specifically have been an arena for analysis pertaining to stereotyping of Muslims, I claim in this chapter that this analysis itself has got mired in stereotypical ways of seeing and analysing. Focusing on representation as a process of essentializing identity I connect this to Lefebvre’s ‘representation of space’ focusing on dominant discourses in news media and Bollywood cinema regarding Muslim localities. In second section of this chapter the role of news media in spawning the representation of Muslims and Muslim spaces as dens of criminal and terrorist activities. The reportage of various police action against Muslim publics and persons (such as the extra-judicial killings of terror suspects in Batla House) are discussed to discern the earlier noted trend of representation of space such that segregation is provided a discursive reinforcement.
The Reproductive State
Authors: Majumdar Anindita
Published: April 2018

The birth of the child in transnational commercial surrogacy leads to a protracted process of staking claim. In this chapter, the focus is especially on the national and international laws that are invoked by foreign parents and foreign consulates to grant citizenship to the newborn. The applications for citizenship from their home countries, and the exit visa from India lead to many processes of bureaucratic verification and authentication of the genetic tie between the child and the intended parent(s) and the surrogate mother. Seeking identity here are both the new parents and the newborn. Through the birth certificate and the DNA test paternity is identified, while a parallel process seeks to ascertain maternity through the surrogate mother—who incidentally has rejected her tie to the newborn as part of the contractual requirements! Through the narratives of three foreign nationals navigating the citizenship process—international laws regarding surrogacy, kinship and citizens are analysed.
The Aesthetic of Freedom
Authors: Das Chaity
Published: April 2018

This chapter marks a division of genre as we move from memoirs and testimonies to fiction. While most of the works under consideration are post-war stories, fiction written during the war without knowledge of the aftermath are also discussed. Both nationalist fiction and those critical of war and its aftermath sensitize us to what is at stake in remembering the foundational moment of Bangladesh. In their gaps and fissures lie the uncertain maps of the paths yet to be charted. Ranging from fiction that casts the suffering mother of a guerrilla and a martyr as a part of nationalistic lore to the victim of wartime rape running for cover in post-war Bangladesh, to the fear and anxieties of minorities after the war, authors articulate the narratives and tongues buried at the sites of national mythmaking. Works by authors such as Anwar Pasha and Selina Hossain are discussed.
Revision of Programme of Action, 1986
Authors: Ayyar R.V. Vaidyanatha
Published: April 2018

This chapter describes the process and outcome of the revision of POA. The revision of POA had two objectives: first, spelling out the roadmap and a timeline for implementation of the revised policy postulates of NPE, 1986, and secondly taking stock of the implementation of the POA, 1986, and revising it in the light of the feedback from implementation. It critiques the contribution POA made to development of education. The most important contribution is the new district-based strategy it commended for universalization of elementary education; this strategy operationalized by DPEP and its progeny SSA spectacularly hastened the nation’s march towards universal elementary education. The Chapter describes the efforts of MHRD to implement the recommendations of the Ramamurti Committee regarding financing of higher education. It critiques the revision of fees by IITs and IIMs, the recommendations of the Punnayya Committee on the financing of Central universities and of the Swaminadhan Committee on technical education, and the implementation of those recommendations.
The Old Order Changeth, Yielding Place to the New (Murli Manohar Joshi’s Tenure)
Authors: Ayyar R.V. Vaidyanatha
Published: April 2018

This chapter elaborates the shifting case law over the 24 year period from 1982 to 2006 in regard to the right of private individuals and organisations to establish educational institutions, the regulation of admissions to private-unaided institutions (self-financing institutions), and the regulatory power of AICTE. It offers a theoretical explanation of these shifts by elaborating two major reinforcing factors. The first is the adoption of an interpretational philosophy that legitimates judges going beyond the express wording and original intent of Constitution makers, discerning the purpose underlying a constitutional provision, and applying the purpose so discovered to rectify failures of public policy and governance types. The second factor is the inbuilt trait to expand as a result of a generous policy of admitting appeals. Given that judges differ considerably in the judicial philosophy they hold, and their perception of policy problem and solutions case law has bene fluid, creating uncertainty for institutions which are regulated as well as regulators like the AICTE.
Restoration
Authors: Ayyar R.V. Vaidyanatha
Published: April 2018

This chapter describes the policy initiatives undertaken in school education during the second stint of Arjun Singh as Minister, MHRD, which was a continuation of the political offensive against the BJP during his first stint. It outlines the work of the CABE Committee on textbooks used in all types of schools including schools run by religious and social organizations. It critiques the National Curricular Framework (NCF), 2005, and describes the criticism that NCF elicited from historians of the Marxist-Secular school who were hitherto allies of Arjun Singh. It describes the controversy generated by cartoons a NCERT textbook prepared after NCF, 2005, particularly a cartoon on Ambedkar. It gives a blow-by-blow account of the development of the Right of Children to Free and Compulsory Elementary Education (RTE) Bill, and highlights the competing conceptualizations of the Bill as well as the politics underlying that policy development.
Historical Perspectives on Innovation in Indian Business
Authors: Markovits Claude
Published: April 2018

This chapter deals with the question of innovation in Indian business from a historical perspective. After a brief survey of the literature, emphasizing how divided scholarly opinion was regarding the existence of forms of innovation in Indian business prior to the colonial era, the focus shifts to the British period. It is shown that Schumpeter’s definition of innovation equating it with technological innovation cannot be fruitfully applied to the Indian business scene. Two case studies are then proposed: Tata Iron & Steel, the largest Indian industrial firm, is shown to have been innovative in the specific context of India’s backward industrial scene, while the Sindwork merchants of Hyderabad are an instance of an Indian trading network which extended its range to the entire world. Concluding remarks interrogate post-Independence developments and stress the limits of the innovativeness of Indian business, prior to the recent liberal reforms.
Innovation in Indian Business Groups
Authors: Kale Prashant , Singh Harbir
Published: April 2018

Innovation is a critical to the success of large, diversified Indian business groups and this chapter explores the specific organizational mechanisms they have adopted to enable and foster innovation in their organizations. First, these groups provide internal markets for much needed capital and talent necessary for innovation to make up for sufficient lack of these institutions externally. In addition, they have pursued the following actions: (a) significantly upped their investments in R&D and innovation, (b) created internal leadership councils to oversee and promote innovation, (c) created an innovation culture that encourages and celebrates entrepreneurship, risk-taking, and tolerance for failure, (d) undertaken formal learning interventions to build the innovation capabilities of their managers, and (e) set-up formal units to in-source innovation from external sources. Indian companies are yet in the early stages of this journey and will have to sustain these practices to demonstrate durable success with innovation.
Capital in a Disputed Land
Authors: Suhail Peer Ghulam Nabi
Published: April 2018

This chapter provides a detailed account of the Indus Water Treaty and hydropower politics in Kashmir. It argues, that peasants’ narratives are engulfed and ignored in India and Pakistan water-politics and provides a brief account of land-grabs around the world and land-grabbing in conflict zones. Land-grabs in Kashmir cannot only be understood through contemporary land-grabbing framework, hence this chapter also explains the processes, methodology, and significance of this research.
Exploitation and Politics of Decision-Making
Authors: Suhail Peer Ghulam Nabi
Published: April 2018

The seventh and the concluding chapter of the book discusses the larger questions pertaining to the decision-makers in the land and water deals. During the land deals process, NHPC has been exploiting peasants at the micro-level and the state of Jammu and Kashmir at the macro level. The argument, in this chapter, aims at understanding the questions of resistance, narratives, and overall land-grabbing question in the fragile states, such as, the conflict-hit region of Kashmir. It argues that the situation taken as a whole needs an entirely new framework which the theories about land-grabbing in ‘normal’ regions do not offer.
Introduction
Authors: Balachandran Aparna , Pant Rashmi , Raman Bhavani
Published: April 2018

The contributors to this volume include young as well as established scholars who use a variety of materials from case law to legal treatises and everyday records of rule to foreground the performative power of law and elaborate new subject positions incarnated by the law. The analysis of law as a historical and cultural project provides the means for the contributors to critically reflect on how legal sources illuminate and perhaps even challenge our understanding of the discipline of history. Some of the themes explored by the contributors include questions of documentary truth, the genealogies of custom, the recuperation of the force of law through everyday violence, the idea of a legal public, the life of extraordinary law and the crafting of legal subjectivity, hyperlegality, non-state law, and so on. South Asian legal history for the most part developed as a series of binaries: law/law-ways, rights/customs, rule of law/reign of violence, and heteronomy of law/autonomy of legal subjects. Many chapters in this volume analyse situated and everyday practices of law as they endeavour to transform South Asian legal history. The volume’s rich detailing of the ways in which non-elites engaged with the law should provide many opportunities to reflect on South Asian legal history and its future itineraries.
Violence and the Languages of Law
Authors: Bhattacharya Neeladri
Published: April 2018

This chapter revisits the colonial state’s legal justifications of the exertion of arbitrary authority over labor for public works. Focusing on the debates in colonial Punjab regarding the entitlements of the state to draught animals and manual labour for public works, Bhattacharya draws out how the languages of law were pressed into service to draw on the extensive history of begar (forced labour) by pre-colonial states of the region and lay the violent foundation of the official commandeering of forced labour as a legal convention or custom.
‘To Mount or Not to Mount?’
Authors: Sahai Nandita
Published: April 2018

This chapter examines documentary culture in eighteenth-century Rajasthan through an exploration of the legal archive—the Sanad Parwana Bahis—of the kingdom of Jodhpur. More particularly, it studies the petitions that were written in the course of a series of protracted disputes during which the ceremonial and ritual claims made by low-caste Sunars were contested by upper castes. The increasing importance of the written record in the administration and courts both caused, and was an outcome of a nascent “literate mentality” that existed even amongst those social groups like the Sunars who were not traditionally associated with scribal work. What is particularly telling is the shift from oral testimonies to written evidence as verifiable and authentic, both in the royal courts and in lower assemblies like caste councils. The pervasive culture of record keeping, and the significance of writing both for the state and its subjects at this time allows us to interrogate any easy bifurcation between the modern and the premodern.
Ways of Looking
Authors: Breckenridge Wylie
Published: April 2018

Chapter 3 considers what ways of looking are. It proposes that ways of looking (and ways of occurring more generally) are determinates. In particular, ways of looking are determinates of the determinable kind looking event. To be a looking event is to be an event of a certain kind; this kind is a determinable kind (i.e. it has more specific determinates); a way of looking is a determinate of this determinable; for a looking event to occur in this way is for it to be of this more determinate kind. The chapter also identifies some properties of ways of looking that are appealed to later in the book.
Other Characters
Authors: Breckenridge Wylie
Published: April 2018

In Chapters 2–8 the author considered a particular character, c1, and argued that there is a certain way of looking such that to have a visual experience with character c1 is to have a visual experience that is occurring in that way. In Chapter 9 he goes on to consider a variety of other characters, and argues that in each case the same thing is true: there is a certain way of looking such that to have a visual experience with that character is to have a visual experience that is occurring in that way. It is argued that the same thing is true of any character.
Introduction
Authors: Maiden Martin
Published: April 2018

The chapter introduces the notion of morphomic phenomena in the history of the Romance verb, gives some initial definitions of the notion of morphome, and presents its history. Methods of diagnosing and analysing morphomic structure and diachrony receive a preliminary discussion. The aims of the book and its structure are set out, and there is a preliminary discussion of terminology.
Morphomic structures in synchrony and diachrony
Authors: Maiden Martin
Published: April 2018

The chapter discusses in further detail the nature of morphomes and of morphomic structure, demonstrating the crucial role played by diachronic data in diagnosing the psychological reality of putative morphomic structures and addressing some serious misapprehensions in the literature with regard to the kind of criteria adopted in this book. It is also argued here that the identification of morphomic structures is a necessary part of linguistic description, independently of theoretical considerations. It is stressed that the crucial problem is to explain why morphomic structures persist in diachrony.
Root allomorphy and conjugation class
Authors: Maiden Martin
Published: April 2018

This chapter considers the (limited) extent to which conjugation classes in the Romance verb interact with the morphomic patterns of root allomorphy discussed elsewhere. It is shown how, in Ibero-Romance, inflexion-class assignment shows a surprising sensitivity to the morphomic L-pattern. The general resistance (particularly with respect to palatalization) of first-conjugation verbs to morphomic patterns of root allomorphy in most Romance languages is also explored.
‘The Law of Nations Is Common to All Mankind’
Authors: Karr Susan Longfield
Published: April 2018

For humanist sixteenth-century jurists such as Guillaume Budé, Ulrich Zasius, Andrea Alciati the ‘rule of law’ was central. In response to the use of law and legal theory to legitimize arbitrary forms of authority, they called for substantive reforms in legal education and practice, which could alleviate the dangers of masking the arbitrary will of rulers with the language of security, utility, and the common good. By focusing on fundamental categories such as ius, natural law, and ius gentium they effectively argued for a universal ‘rule of law’ that could hold political and legal authorities to a higher criterion of justice. In so doing, they redefined fundamental legal categories, ideas, and terms that continue to underpin and structure modern understandings of universal jurisprudence and international law to this day.
Legislating for the ‘Whole World That Is, in a Sense, a Commonwealth’
Authors: Pagden Anthony
Published: April 2018

This chapter argues that, contrary to ‘postcolonial’ claims, the Spanish ‘School of Salamanca’ was not overwhelmingly concerned with the need to justify the Spanish occupation of the Americas, but with creating an understanding of the ‘law of nations’ based upon the concept of a worldwide legal order. In terms of this, the Spanish Crown could only legitimate its presence in America if that could be shown to have brought benefits to the indigenous peoples in terms of protection from tyrannical rulers. None of this, however, could justify occupation or confer sovereignty and property rights on the conquering powers, although it would permit those powers to bring about a form of ‘regime change’. It also argues that all the ‘moral’ arguments for occupation employed by the European colonizing powers led logically and inexorably, if also unintentionally, to the ultimate ‘self-determination’ of the colonized.
The Universal Rule of Natural Law and Written Constitutions in the Thought of Johannes Althusius
Authors: Witte John
Published: April 2018

Calvinist jurist Johannes Althusius (1557–1638) developed what he called a ‘universal theory’ of law and politics for war-torn Europe. He called for written constitutions that separated the executive, legislative, and judicial powers of cities, provinces, nations, and empires alike and that guaranteed the natural rights and liberties of all subjects. To be valid, he argued, these constitutions had to respect the universal natural law set out in Christian and classical, biblical, and rational teachings of law, authority, and rights. To be effective, these constitutions had to recognize the symbiotic nature of human beings who are born with a dependence on God and neighbour, family and community, and who are by nature inclined to form covenantal associations to maintain liberty and community. Althusius left comprehensive Christian theory of rule of law and politics that anticipated many of the arguments of later Enlightenment theorists of social and government contracts.