bluuebunny/crossref_metadata_2025 huggingface dataset:
Design, optimization and analysis of large DNA and RNA nanostructures through interactive visualization, editing and molecular simulation
Authors: Poppleton Erik , Bohlin Joakim , Matthies Michael , Sharma Shuchi , Zhang Fei , Šulc Petr
Published: May 2020

This work seeks to remedy two deficiencies in the current nucleic acid nanotechnology software environment: the lack of both a fast and user-friendly visualization tool and a standard for structural analyses of simulated systems. We introduce here oxView, a web browser-based visualizer that can load structures with over 1 million nucleotides, create videos from simulation trajectories, and allow users to perform basic edits to DNA and RNA designs. We additionally introduce open-source software tools for extracting common structural parameters to characterize large DNA/RNA nanostructures simulated using the coarse-grained modeling tool, oxDNA, which has grown in popularity in recent years and is frequently used to prototype new nucleic acid nanostructural designs, model biophysics of DNA/RNA processes, and rationalize experimental results. The newly introduced software tools facilitate the computational characterization of DNA/RNA designs by providing multiple analysis scripts, including mean structures and structure flexibility characterization, hydrogen bond fraying, and interduplex angles. The output of these tools can be loaded into oxView, allowing users to interact with the simulated structure in a 3D graphical environment and modify the structures to achieve the required properties. We demonstrate these newly developed tools by applying them to design and analysis of a range of DNA/RNA nanostructures.
The translational activator Sov1 coordinates mitochondrial gene expression with mitoribosome biogenesis
Authors: Seshadri Suhas R , Banarjee Chitra , Barros Mario H , Fontanesi Flavia
Published: May 2020

Mitoribosome biogenesis is an expensive metabolic process that is essential to maintain cellular respiratory capacity and requires the stoichiometric accumulation of rRNAs and proteins encoded in two distinct genomes. In yeast, the ribosomal protein Var1, alias uS3m, is mitochondrion-encoded. uS3m is a protein universally present in all ribosomes, where it forms part of the small subunit (SSU) mRNA entry channel and plays a pivotal role in ribosome loading onto the mRNA. However, despite its critical functional role, very little is known concerning VAR1 gene expression. Here, we demonstrate that the protein Sov1 is an in bona fide VAR1 mRNA translational activator and additionally interacts with newly synthesized Var1 polypeptide. Moreover, we show that Sov1 assists the late steps of mtSSU biogenesis involving the incorporation of Var1, an event necessary for uS14 and mS46 assembly. Notably, we have uncovered a translational regulatory mechanism by which Sov1 fine-tunes Var1 synthesis with its assembly into the mitoribosome.
Modeling Etiology of Smoking During Pregnancy in Swedish Twins, Full-, and Half-Siblings, Reared Together and Apart
Authors: Maes Hermine H , Neale Michael C , Lonn Sara Larsson , Lichtenstein Paul , Sundquist Jan , Sundquist Kristina , Kendler Kenneth S
Published: May 2020

Introduction

Using Swedish nationwide registry data, we investigated the contribution of genetic and environmental risk factors to the etiology of smoking status across stages of pregnancy with increasing degrees of social and psychological pressure to reduce or quit smoking, by twin and sibling modeling.

Aims and Methods

Smoking status was available before, and during early and late pregnancy from the Medical Birth Register. Twin, full-, and half-sibling pairs, both reared together and apart, born between 1960 and 1990 were obtained from national twin and genealogical registers. Genetic structural equation modeling in OpenMx was applied to the population-based data to estimate shared genetic and/or environmental covariance across stages of pregnancy, accounting for maternal birth cohort and age at pregnancy.

Results

Analyses of paired data on 258 749 individuals suggested that risk factors for smoking status changed across stages of pregnancy. Results predicted substantial heritability (60–70%) and moderate contributions of shared environmental factors (10–15%) for smoking status. Whilst the same shared environmental factors were amplified from before pregnancy to late pregnancy, new primarily unique environmental factors explained ~10% of the variance during early pregnancy which was carried forward to late pregnancy.

Conclusions

Using registry data on women across pregnancy, we replicated that smoking status is highly heritable. Furthermore, we found support for increased impact of shared environmental factors during pregnancy of factors already present prior to pregnancy, and an independent set of mostly new unique environmental factors that may be triggered by increased social pressure to reduce or quit smoking during pregnancy.

Implications

As new factors partially explain smoking status during pregnancy and the effects of familial factors increase across pregnancy, efforts to prevent or reduce smoking during pregnancy should receive continued attention, with a focus on both the individual and the family unit.
Chagas Disease in the New York City Metropolitan Area
Authors: Zheng Crystal , Quintero Orlando , Revere Elizabeth K , Oey Michael B , Espinoza Fabiola , Puius Yoram A , Ramirez-Baron Diana , Salama Carlos R , Hidalgo Luis F , Machado Fabiana S , Saeed Omar , Shin Jooyoung , Patel Snehal R , Coyle Christina M , Tanowitz Herbert B
Published: May 2020

Background

Chagas disease, caused by the parasite Trypanosoma cruzi, once considered a disease confined to Mexico, Central America, and South America, is now an emerging global public health problem. An estimated 300 000 immigrants in the United States are chronically infected with T. cruzi. However, awareness of Chagas disease among the medical community in the United States is poor.

Methods

We review our experience managing 60 patients with Chagas disease in hospitals throughout the New York City metropolitan area and describe screening, clinical manifestations, EKG findings, imaging, and treatment.

Results

The most common country of origin of our patients was El Salvador (n = 24, 40%), and the most common detection method was by routine blood donor screening (n = 21, 35%). Nearly half of the patients were asymptomatic (n = 29, 48%). Twenty-seven patients were treated with either benznidazole or nifurtimox, of whom 7 did not complete therapy due to side effects or were lost to follow-up. Ten patients had advanced heart failure requiring device implantation or organ transplantation.

Conclusions

Based on our experience, we recommend that targeted screening be used to identify at-risk, asymptomatic patients before progression to clinical disease. Evaluation should include an electrocardiogram, echocardiogram, and chest x-ray, as well as gastrointestinal imaging if relevant symptoms are present. Patients should be treated if appropriate, but providers should be aware of adverse effects that may prevent patients from completing treatment.
Genetic Heterogeneity of Australian Candida auris Isolates: Insights From a Nonoutbreak Setting Using Whole-Genome Sequencing
Authors: Biswas Chayanika , Wang Qinning , van Hal Sebastiaan J , Eyre David W , Hudson Bernard , Halliday Catriona L , Mazsewska Krystyna , Kizny Gordon Alice , Lee Andie , Irinyi Laszlo , Heath Christopher H , Chakrabarti Arunaloke , Govender Nelesh P , Meyer Wieland , Sintchenko Vitali , Chen Sharon C-A
Published: May 2020

Whole-genome sequencing clustered Australian Candida auris isolates from sporadic cases within clade III. Case isolates were genomically distinct; however, unexpectedly, those from 1 case comprised 2 groups separated by >60 single nucleotide polymorphisms (SNPs) with no isolate being identical, in contrast to outbreaks where isolates from any 1 individual have differed by <3 SNPs. Multidrug resistance was absent. High within-host genetic heterogeneity should be considered when investigating C. auris infections.
Clindamycin induced toxic epidermal necrolysis versus Staphylococcal scalded skin syndrome: a case report
Authors: Davey Matthew G , Birrane John , Brennan Michelle , Breen David P , Laing Mary E
Published: May 2020

Toxic epidermal necrolysis and Staphylococcal scalded skin syndrome (SSSS) are potentially life-threatening dermatological emergencies that present in a similar clinical fashion. Toxic epidermal necrolysis is typically triggered by anticonvulsant and other neurological medications and reports clindamycin inducing the disease is exceedingly rare. SSSS seldomly occurs in adult patients. We present the case of a 60-year-old male presenting with dermatological rash covering >80% his body surface. Diagnosis and therapy involved multidisciplinary contribution from medical physicians, dermatologists, microbiologists and histopathologists to provide a favourable outcome.
Development Aid in Translation
Authors: Todorova Marija , Ahrens Kathleen
Published: May 2020

This chapter interrogates the translated language used in development aid in terms of its underlying Anglocentric conceptual assumptions as well as in terms of its discursive products. It argues that this export of jargon-specific language has impeded the mission of developmental aid, and it provides a case study to support these arguments. It then discusses two steps that can be taken to facilitate the implementation of development aid practice: (1) directly involve various indigenous and grassroots actors in the translation process and (2) enhance sensitivity to the linguistic and cultural context of the host locale. Integrating these suggestions into ongoing policy creation would enable development agencies, international nongovernmental organizations, and nongovernmental organizations in general to create more comprehensible policy documents and provide more relevant and useful practices for the local communities.
Accessible Audiovisual Translation
Authors: Pagano Adriana Silvina , Teixeira André Luiz Rosa , Mayer Flávia Affonso
Published: May 2020

Ever-increasing technological advances and growing demands for accessibility have been evolving new audiovisual translation practices and shaped the development of the field within the discipline of translation studies. This chapter provides a brief survey of state-of-the-art audiovisual translation practices, with particular focus on the ways growing demands for accessibility have been met within models of integration and inclusion of people with disabilities. It briefly reviews initiatives toward universal design and accessibility thinking in the preproduction of audiovisual content. Finally, audiovisual translation is framed within a wider user-oriented model of accessibility intended to inform the planning and development of digital infrastructure toward inclusion and reduction of social inequalities.
Treating Trauma-Related Symptoms in Children and Adolescents
Authors: Pollio Elisabeth , Neubauer Felicia , Deblinger Esther
Published: May 2020

The significant impact of trauma on children is well documented. This chapter focuses on trauma-specific treatments for children and adolescents that have at least two randomized controlled trials in which one or more standardized outcome measures were used. These treatments address varying traumas, including sexual abuse, physical abuse, exposure to violence or loss, and disasters. The efficacy of one such treatment, trauma-focused cognitive behavioral therapy (TF-CBT), has been documented in over 50 scientific studies, including 22 randomized trials. A more detailed description of TF-CBT is presented in the chapter. Also discussed are future research directions, including specific scientific questions, to advance our knowledge about trauma treatment for children and adolescents.
PTSD At Late Life: Context and Treatment
Authors: McCarthy Elissa , Cook Joan M. , Thorp Steven R.
Published: May 2020

Posttraumatic stress disorder (PTSD) in older adults has been linked to impairment in health and functioning, resulting in accelerated aging and increased healthcare utilization. The experience of trauma and associated mental health difficulties, including PTSD, may impact or be impacted by the aging process. It may also influence treatment engagement and outcome. Unfortunately, older adults are not well represented in PTSD treatment outcome studies. However, some of the evidence-based psychotherapies for PTSD recommended by treatment guidelines have been investigated in older adults. Standard exposure therapies appear to work well for addressing PTSD symptoms in older adults during the treatment phase, but perhaps not as well during the maintenance phase compared to younger cohorts. The limits to clinical improvements in the available studies suggest a need for enhancing engagement and adherence for the older population. It has been suggested that benefits rendered by psychotherapies for severe, chronic PTSD may not be fully or accurately captured by standard self-report PTSD outcome measures. Additional clinical considerations are discussed regarding older adults with cognitive impairments or residing in long-term care facilities, as well as pharmacological considerations. Despite the limited PTSD treatment research with older adults, the evidence available to date suggests that older adults can benefit from evidence-based psychotherapies for PTSD.
The Best Interests of the Child
Authors: Vandenhole Wouter , Türkelli Gamze Erdem
Published: May 2020

The best interests of the child principle is considered a pillar of children’s rights law and, according to the UN Convention on the Rights of the Child (CRC), is to be a primary consideration in all actions concerning children. Yet best interests is an elusive concept and principle that has no single authoritative definition or description. Internationally and domestically relevant in such diverse areas as family law, adoption, migration, and socioeconomic policymaking, the best interests principle requires flexibility and is best served by a case-by-case approach, as has been recognized by the UN Committee on the Rights of the Child and the European Court of Human Rights. This chapter analyzes relevant international case law and suggests the use of a number of safeguards to prevent such requisite flexibility from presenting a danger of paternalism, bias, or misuse.
The Child’s Right to Family
Authors: Woodhouse Barbara Bennett
Published: May 2020

This chapter discusses the role played by human rights charters, such as the UN Convention on the Rights of the Child, the European Charter of Human Rights, and the African Charter on the Rights and Welfare of the Child, in establishing that children are not mere property of their parents but persons with their own independent rights to protection of family relationships and family identity. The chapter identifies specific provisions in these charters relevant to children’s family rights. It then examines various decisions of the European Court of Human Rights that address claims of violations of children’s rights to family in contexts including adoption, child protection, family reunification, access to birth records, and immigration, and that define appropriate remedies. The chapter closes by highlighting the growing threat to children’s rights to know and be cared for by their families posed by the populist backlash in wealthier nations against migrants fleeing war, violence, and poverty.
Placing Children’s Freedom from Violence at the Heart of the Policy Agenda
Authors: Pais Marta Santos
Published: May 2020

Violence knows no geographic, cultural, or social borders. Around the world millions of children of all ages continue to be exposed to appalling levels of violence, in their neighborhoods, in their schools, in institutions aimed at their care and protection, as well as within the home. Children’s rights law, most notably the UN Convention on the Rights of the Child (CRC), provides a legal mandate to address all forms of violence against children. This chapter reviews the various forms of violence against children, their impact on child well-being, and the children’s rights law mandate to prevent it. It then discusses the global policy agenda for confronting violence against children and the challenges that must be overcome to achieve progress toward a world free of violence against children.
The Health Rights of Children
Authors: Kilkelly Ursula
Published: May 2020

Article 24 of the UN Convention on the Rights of the Child (CRC) recognizes the child’s right to health and health care. Despite its importance, surprisingly little international advocacy focuses exclusively on child’s health. The Committee on the Rights of the Child has addressed health and health care issues in many of its General Comments, but it has been surprisingly slow to adopt a General Comment dedicated to Article 24. There has also been an apparent disconnect between children’s rights law and the global development agenda. While the UN Sustainable Development Goals address many of children’s specific health needs, they do not mention the CRC and are not framed in rights terms. Although progress continues in advancing Agenda 2030, it is not clear whether greater progress would have been possible were these goals expressed as a matter of children’s rights. Overall, this process appears to be a missed opportunity to advance the child’s rights to health.
National Human Rights Institutions for Children
Authors: Lansdown Gerison
Published: May 2020

This chapter explores the rapid development of independent human rights institutions for children, or children’s rights commissioners, since the adoption of the UN Convention on the Rights of the Child (CRC) in 1989. It sets out the case for the establishment of such bodies that are dedicated to promoting and monitoring the realization of children’s rights, particularly in the context of the increasingly challenging and hostile global political climate. The chapter then elaborates the core features of these institutions, including the imperative for a legislative mandate, independence, powers to investigate complaints, outreach, and meaningful engagement and participation with children. The chapter is illustrated with examples from institutions across the world and highlights some suggested approaches to strengthening their scope and impact.
Trafficked Children
Authors: Dottridge Mike
Published: May 2020

This chapter considers who trafficked children are, how many, and for what forms of exploitation they are recruited or exploited. Trafficked children not only make money for others in commercial sex; they also make a profit for others by begging or stealing and in a range of labor sectors. The chapter highlights the different state interpretations of what constitutes child trafficking, emphasizing that independent child migrants should not be regarded as trafficking victims. It reviews the protection and assistance to which trafficked children are entitled and contrasts this with what happens in practice. Although international and domestic law has advanced considerably since 2000, making it possible to punish more traffickers, the chapter concludes by noting that trafficked children face immense challenges in getting access to justice.
Children in Armed Conflict
Authors: Drumbl Mark
Published: May 2020

This chapter addresses a particularly vulnerable population of children, namely, children associated with armed forces or armed groups. These children are colloquially known as child soldiers. This chapter begins by surveying the prevalence of child soldiering globally. It then sets out the considerable amount of international law that addresses children in armed conflict, in particular, the law that allocates responsibility for child soldiering and the law that sets out the responsibility of child soldiers for their conduct. The chapter identifies significant gaps between the law and the securing of positive outcomes for former child soldiers, notably when it comes to post-conflict reintegration. The protective impulse that envisions militarized youth as faultless passive victims may not always reflect how youthful fighters see themselves nor necessarily support an emancipatory and empowering vision of how international law should promote the rights of children.
The Interrelated and Interdependent Nature of Children’s Rights
Authors: Goonesekere Savitri
Published: May 2020

The chapter analyses children’s human rights as universal norms and standards incorporated in the UN Convention on the Rights of the Child (CRC) that are relevant in diverse national contexts. Discussing national experiences and the quasi-jurisprudence of treaty bodies, the chapter argues that understanding the interrelated nature of the different groups of rights in the CRC is essential for effective implementation of these rights. It is suggested that the concept of the indivisibility of human rights and the global agenda of sustainable development reinforce the need for this approach. The chapter also discusses the interdependence, compatibility, and conflict between children’s rights and the human rights of other groups, such as parents, women, and a community with which a child connects as he or she grows to adulthood. The chapter argues that incorporating children’s rights in national constitutions, rather than ad hoc legislation, encourages this holistic approach to implementing children’s rights.
A Child-Centered Approach to Children’s Rights Law Living Rights and Translations
Authors: Hanson Karl , Nieuwenhuys Olga
Published: May 2020

A child-centered approach to children’s rights law recognizes that children shape, interpret, and practice what their rights are and that they have the right to do so. This chapter starts with critiquing essentialist tendencies that diminish children’s active engagement with their rights and discusses how the concepts of living rights and translations may help provide children the space needed to negotiate meanings and influence interpretations of their rights. The concept of living rights contends that the meaning, interpretation, and practice of children’s rights constitute a living, dynamic process. The concept of translations challenges the one-way idea of implementation to analyze what happens with children’s rights in the complex encounters of children’s and other actors’ perspectives. Taken together, living rights and translations help to understand the multiple readings of children’s rights, including those of children, at work in a given situation.
Critical Race Theory and Children’s Rights
Authors: Saito Natsu Taylor , Kinnison Akilah J.
Published: May 2020

Racialized privilege and subordination impact children’s rights in many ways. This chapter begins with an overview of critical race theory (CRT), a framework that has been used primarily to assess the roles played by race and racism in the US legal system. It then summarizes key provisions of international law that prohibit racial discrimination and protect the right of all peoples to self-determination, focusing on how these norms impact children’s rights. Noting the importance of addressing the intersection of race and rights, this chapter suggests that the application of CRT principles could enhance the recognition of children’s rights in international law.
The Genius and the Metaphysics of the Beautiful
Authors: Cacciola Maria Lucia Mello Oliveira
Published: May 2020

This chapter discusses the concept of genius in Schopenhauer’s aesthetics, or rather, as he puts it, in his “metaphysics of the beautiful.” The question is whether this kind of metaphysics is based on a distinct mode of knowledge that is neither theoretical nor scientific, but nonetheless immanent, or, as some authors suggest, whether it depends on the intuition of something that transcends experience—an alternative that gives a mystical quality to Schopenhauer’s thought. To determine which of these approaches is to be preferred, the author considers the relations between Schopenhauer’s and Kant’s aesthetics as found in Kant’s third Critique. In short, our questions may be put in this way: Is art an objective mode of knowledge, by means of a Platonic Idea of something that is actually given in the world, or is it instead a sort of enthusiastic metaphysics that reveals something that is hidden and cannot be known through reason?
Schopenhauer and the Paradox of the Sublime
Authors: Vandenabeele Bart
Published: May 2020

Schopenhauer explores the paradoxical nature of the aesthetic experience of the sublime in a richer way than his predecessors did by rightfully emphasizing the prominent role of the aesthetic object and the ultimately affirmative character of the pleasurable experience it offers. Unlike Kant, Schopenhauer’s doctrine of the sublime does not appeal to the superiority of human reason over nature but affirms the ultimately “superhuman” unity of the world, of which the human being is merely a puny fragment. The author focuses on Schopenhauer’s treatment of the experience of the sublime in nature and argues that Schopenhauer makes two distinct attempts to resolve the paradox of the sublime and that Schopenhauer’s second attempt, which has been neglected in the literature, establishes the sublime as a viable aesthetic concept with profound significance.
Schopenhauer and Confucian Thinkers on Compassion
Authors: Berger Douglas L.
Published: May 2020

In his fascinating 1836 volume On the Will in Nature, Schopenhauer demonstrates a familiarity with scholarship on classical Chinese thought that is, at best, glancing. He takes special interest, however, in a remark rendered from the Song Dynasty Confucian thinker Zhu Xi to the effect that the “will of human beings” is at the ground of all things, which suggests to him a deep resonance with his own system. Though there is nothing of substance to be found in this suspected connection, Schopenhauer may have been better advised to delve into Zhu’s reformulation of ancient Confucian formulations of compassion for an opportunity at cross-cultural dialogue. This chapter demonstrates that, while Zhu Xi’s inspiration for his explication of compassion, namely Mencius, took a far more naturalistic view of this moral feeling, Zhu’s commentarial reformulation of Mencius’s thought, which makes compassion a metaphysical manifestation of the basic patterns of human nature, may have prompted Schopenhauer to deeper confidence in his own convictions about the “intelligible character.”
Fichte and Schopenhauer on Knowledge, Ethics, Right, and Religion
Authors: Estes Yolanda
Published: May 2020

In 1811, Schopenhauer moved to Berlin, where he remained until 1813. During this time, he encountered J. G. Fichte, attending his lectures on The Facts of Consciousness (1812) and the Wissenschaftslehre (1812). Moreover, he read many of Fichte’s earlier works, including System of Ethics: According to the Principles of the Wissenschaftslehre (1798) and Foundations of Natural Right: According to the Principles of the Wissenschaftslehre (1796/97). In addition to these more academic lectures and writings, he read one of Fichte’s last popular works, Way to the Blessed Life: Or also, the Religionslehre (1806). Schopenhauer soon managed to familiarize himself with the main parts of the Wissenschaftslehre: theoretical philosophy, practical philosophy, and philosophy of the postulates. He kept notes—found in his Manuscript Remains—of his sojourns in Fichte’s transcendental idealism, or Wissenschaftsleere as he deridingly called it. In later years, he returned to Fichte’s philosophy—sometimes explicitly and sometimes implicitly—in the Basis of Morality (1840) and the World as Will and Representation (1859). In this chapter, the author uses both Schopenhauer’s early notes in the Manuscript Remains and his later published writings to show how he understood Fichte’s transcendental idealism, where he disagreed with it, and where he (sometimes grudgingly) acknowledged its value. The author argues that while Fichte and Schopenhauer share many assumptions about philosophy and subjectivity, they arrive at quite different conclusions about the ultimate value of human striving.
Schopenhauer’s Pessimism in Context
Authors: Migotti Mark
Published: May 2020

In this chapter, the author attempts to establish what is philosophically living and what is philosophically dead in Schopenhauer’s pessimism. Against the background of the intriguing the history of the terms “optimism” and “pessimism”—in debates about Leibniz’s theodicy in the early eighteenth century and the popularity of Schopenhauer in the late nineteenth century, respectively—the author points up the distinction between affirming life, which all living beings do naturally, and subscribing to philosophical optimism (or pessimism), which is possible only for reflective beings like us. Next, the author notes the significance of Schopenhauer’s claim that optimism is a necessary condition of theism and explains its bearing on his pessimistic argument for the moral unacceptability of suicide. The chapter concludes that Schopenhauer’s case for pessimism is not conclusive, but instructive; his dim view of the prospects for leading a truly rewarding, worthwhile human life draws vivid attention to important questions about how and to what degree an atheistic world can nevertheless be conducive to human flourishing.
The Moral Meaning of the World
Authors: Janaway Christopher
Published: May 2020

It is sometimes assumed that Schopenhauer regards existence as meaningless, and it seems that pessimism should be associated with meaninglessness. However, Schopenhauer insists that there must a “moral meaning” to the world because human beings have a metaphysical need: we must see the world as pointing to a higher purpose beyond itself. Schopenhauer rejects theism and any optimistic higher purpose, but regards Christianity, which he views as pessimistic, as correctly identifying the higher purpose: negation of the will, which will bring “salvation.” There is, however, a difficulty in construing this meaning as “moral.” Schopenhauer regards morality as a case of willing the well-being of others, but also as a step toward will-lessness, so there is a question whether the “meaning” is coherently characterized. Nietzsche’s analysis of Schopenhauer seems correct: after abandoning any theistic or optimistic meaning, Schopenhauer raises the question whether existence has any meaning at all, but his positive answer retains the commitment to self-negation that he found in Christianity.
Nietzsche’s Schopenhauer
Authors: Stern Tom
Published: May 2020

The chapter offers a critical analysis of Nietzsche’s objections to Schopenhauer’s philosophy. While the influence of Schopenhauer on Nietzsche is widely documented, the author’s intention here is to ask how Schopenhauer might respond to Nietzsche’s interpretation of his philosophy and his critical challenges and hence, ultimately, to assess the force of Nietzsche’s objections. The chapter considers Nietzsche’s central challenge, beginning with his account of Mitleid (compassion or pity) and, from there, opens out to the analysis of psychology, history, and the affirmation of life. It also considers two ways in which Nietzsche arguably steps out from under Schopenhauer’s influence: his “historical philosophy” and his style or philosophical attitude.
Schopenhauer’s Influence on Wagner
Authors: Karnes Kevin C. , Mitchell Andrew J.
Published: May 2020

This chapter traces the evolution of Wagner’s engagement with Schopenhauer’s philosophy from the 1850s through 1883. It considers Wagner’s three Schopenhauerian operas in relation to the composer’s contemporary writings, suggesting that both music and prose were vehicles through which he sought to extend and correct what he perceived as shortcomings in Schopenhauer’s work. In Tristan und Isolde and related correspondence, Wagner identified a pathway to redemption from suffering born of Schopenhauerian will, attainable through the experience of erotic love. In Die Meistersinger von Nürnberg and the essay “Beethoven,” Wagner elaborated Schopenhauer’s theory of dreams to account for the origins of artistic creativity. In Parsifal and a series of essays appended to “Religion and Art,” Wagner extended Schopenhauer’s notion of compassion to include all living beings, identifying vegetarianism as one of its principal tenets and the Eucharist as its cardinal expression in ritual.
Karl Christian Friedrich Krause’s Influence on Schopenhauer’s Philosophy
Authors: Göcke Benedikt Paul
Published: May 2020

Arthur Schopenhauer and Karl Christian Friedrich Krause used to live in the same house in Dresden in 1815 to 1816. Both Schopenhauer and Krause took a huge interest in Indian philosophy and in the development of their own systems of philosophy. Although Krause is not mentioned in Schopenhauer’s oeuvre, we know from Krause’s son’s notes that they must have had intense discussions concerning the purpose and scope of philosophy. In this chapter, the author first provides a survey of what we know about their time in Dresden. Once this is done, the author sketches Krause’s panentheism and Schopenhauer’s philosophy to analyze Krause’s influence on Schopenhauer’s thought.
Schopenhauer and the Orient
Authors: App Urs
Published: May 2020

This chapter traces Schopenhauer’s interest in the Orient from his childhood using the background of the developments in European Orientalism. Particular attention is paid to Oriental philosophies, religions, and textual sources that played a role in the genesis and development of Schopenhauer’s philosophy. The reader will thus get an overview of oriental influences and of particular movements and themes of interest to the philosopher. Attention is paid particularly to the least-researched but most crucial phase of Schopenhauer’s intellectual development, namely, the period prior to the publication of Schopenhauer’s major work of 1819, The World as Will and Representation.
The Dreyfus Affair and Durkheim’s Experience of Anti-Semitism
Authors: Birnbaum Pierre
Published: May 2020

This article emphasizes the importance of the Dreyfus Affair in the manner in which Emile Durkheim approached the subject of anti-Semitism between 1897 and 1899, while the Affair was in full swing in France. Although Durkheim was the founder of positivist sociology, disconnected from preconceived notions, he nevertheless courageously entered the fight to defend Dreyfus, both as a scholar and as a Jew. In a series of articles and letters, he reflected on the causes of anti-Semitism and proposed an interpretation of Jews as scapegoats, because in his view society’s suffering was resolved by ostracizing Jews as pariahs. But this interpretation is unsatisfactory. Based on impressions rather than on a sociological analysis conducted in accordance with his Rules of Sociological Method, Durkheim’s analysis of explanatory variables is not convincing and is oriented around psychological considerations rarely seen elsewhere in his work.
Mapping Online Intermediary Liability
Authors: Frosio Giancarlo
Published: May 2020

Mapping intermediary liability online is a high call impelled by the fragmentation of intermediary liability legislation, regulation, and case law that, nonetheless, apply to globalized online service providers operating across the world in an interdependent digital environment. The Oxford Handbook of Online Intermediary Liability endeavours to substantially contribute to this mapping exercise, both from a subject-specific and jurisdictional perspective, while highlighting emerging trends in a field of research that has been fast-evolving and is today in a constant, quite unpredictable, flux. This chapter contextualizes the mapping exercise undertaken by the contributors to the Handbook. It introduces the findings of subsequent chapters and sews them together in an organic discourse to provide a blueprint for the consistent development of those chapters as it sets out in advance the most relevant trends according to which the structure of the Handbook has been generated.
China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability
Authors: Friedmann Danny
Published: May 2020

There are multiple forces that influence intermediary liability regulation in the People’s Republic of China (China). This chapter applies a holistic approach by analysing these individual forces to assess their influence on intermediary liability regulation in China. On the one hand, China’s draft E-Commerce Law raises the standard for knowledge before infringing information can be removed, while the many laws and regulations involved in censorship exclude the possibility of ignorance. On the other hand, there is case law, recently codified in guidelines for Beijing courts, which reinforces the duties of care. Moreover, this chapter connects discussions about the desirability of safe harbours and the degree of filtering requirements with the ongoing technological development of big data and artificial intelligence in China. In this context, the chapter also discusses self-regulation and pressure for online service providers to take on more responsibility in China.
The Direct Liability of Intermediaries
Authors: Rosati Eleonora
Published: May 2020

This chapter discusses one of the most relevant developments in respect of online intermediaries, that is their direct (primary)—rather than just secondary—liability in relation to user activities, including user-uploaded content. The Court of Justice of the European Union (CJEU) has expressly envisaged the possibility of direct liability for copyright infringement in the context of its increasingly expansive case law on the right of communication to the public within Article 3(1) of Directive 2001/29, including the 2017 decision in C-610/15 Stichting Brein (The Pirate Bay case). This chapter explains how the CJEU has come to consider the possibility of direct liability of intermediaries in relation to user activities and undertakes a reflection on the implications of said approach, also including the possibility of extending the reasoning in Stichting Brein to less egregious scenarios than the Pirate Bay.
Digital Markets, Rules of Conduct, and Liability of Online Intermediaries—Analysis of Two Case Studies: Unfair Commercial Practices and Trade Secrets Infringement
Authors: Hilty Reto M. , Moscon Valentina
Published: May 2020

This chapter will explore the liability of online intermediaries (OIs) under European law, with a focus on infringements of rights and legal interests other than IPRs. The main research question is whether European law adopts a consistent regulatory approach with regard to content hosted by OIs against rules on market functioning that do not assign exclusive rights but simply impose rules of conduct (e.g. rules on unfair commercial practices). This chapter investigate whether and under which conditions OIs are liable and—beyond the liability of OIs—whether the interests protected by European laws governing the functioning of the market receive the same level of protection in different contexts. To carry on such analysis, the chapter takes into consideration as case studies two bodies of the law, the first one dealing with online unfair commercial practices (UCPs) and the second one with the unlawful acquisition, use, and disclosure of trade secrets. After having summarized the distinguishing features of the safe harbour regime and its interplay with injunctive relief, the chapter will focus on the UCPs and Trade Secrets Directives in relation to the position of OIs. Reference is made to the criteria of interpretation of European law in order to assess the relationship between specific provisions and the concurrent regime set forth in the e-Commerce Directive. Finally, this chapter assesses the emerging results, highlighting the issues which hinder the creation of a coherent and satisfying legal framework.
Free Expression and Internet Intermediaries: The Changing Geometry of European Regulation
Authors: McGonagle Tarlach
Published: May 2020

This chapter explores ongoing shifts in the geometrical patterns of speech regulation in Europe. It first sets out the regulatory framework, which comprises an array of intertwined legally binding and political standards adopted by the Council of Europe and the European Union. It then explains how this framework has given rise to, and indeed encouraged, particular geometrical patterns in European lawmaking and policymaking. Those patterns have been shaped by an awareness that the mass media have been powerful actors in public debate, and that their freedom must be safeguarded—within certain agreed limits. They also demonstrate a concern that regulation should not curb the development of new information and communications technologies and services and new markets for such technologies and services. The chapter’s next focus is the recent and ongoing shift in existing regulatory patterns, which entails a significant move towards foisting greater liability and responsibility on internet intermediaries for illegal third party content hosted by them or distributed via their services or networks. There is an emergent preference for self-regulatory codes of conduct as a regulatory technique. However, as this chapter will argue, the relevant European codes of conduct are less voluntary than they may ostensibly seem as recent codes of conduct seem to have a coercive undertone.
The Right to Be Forgotten in the European Union
Authors: Peguera Miquel
Published: May 2020

This chapter discusses data protection aspects of liability of online intermediaries with special emphasis on the right to be forgotten as developed by the Court of Justice of the European Union (CJEU) and later by national courts in Europe. It considers also relevant provisions within the General Data Protection Regulation and how they affect online intermediaries’ activities. This chapter briefly considers two manifestations of the right to be forgotten as they are being currently applied in the EU. First, the right to be forgotten vis-à-vis internet search engines; that is, the right to be delisted from search results. Secondly, the right-to-be-forgotten claims directed against primary publishers to have the information deleted or anonymized at the source. In doing so, this chapter will point to hotly debated issues, recently addressed by the CJEU, such as the geographical scope of the right to be forgotten, that is its possible extraterritorial application, and the prohibition of processing of sensitive data that should theoretically apply to all data controllers, including those online intermediaries that qualify as such. This chapter also considers how balancing of rights should occur when right-to-be-forgotten claims to delist content are brought against search engines or publishers.
Right to be … Forgotten? Trends in Latin America after the Belén Rodriguez Case and the Impact of the New European Rules
Authors: Bertoni Eduardo
Published: May 2020

The right to be forgotten might be seen more as a political slogan than as a ‘right’. As some have said, like all successful political slogans it is like a Rorschach test. People can see in it what they want. However, particularly after the Costeja case, this ‘right’ has begun to permeate Latin America countries in the form of legislative reforms and judicial requests to implement it. The Belén Rodriguez case decided by the Argentine Supreme Court is only one example, though not the only one that has had an indubious impact on how to define the right to be forgotten. This chapter will review other cases decided by Latin America courts and also legislative initiatives that link the right to be forgotten and intermediary liability. This chapter will in particular compare how these initiatives follow in the footsteps of the well-established Inter American System of Human Rights standards and the recent Europeans trends since Costeja. Finally, this chapter will give some guidance on how to balance the conflicting rights that arise when countries implement legal arrangements like the right to be forgotten or more generally delisting and de-indexing obligations.
Accountability and Responsibility of Online Intermediaries
Authors: Frosio Giancarlo , Husovec Martin
Published: May 2020

This chapter summarizes recent developments in intermediary liability theory with special emphasis on the emergence of voluntary measures and private ordering. Looking at the legal liability rules always tells only half of a story. Legal rules are often only basic expectations which are further developed through market transactions, business decisions, and political pressure. Therefore, the real responsibility landscape is equally determined by a mixture of voluntary agreements, self-regulation, corporate social responsibility, and ad hoc deal-making. Accountability schemes can differ significantly, ranging from legal entitlements to request assistance in enforcement to entirely voluntary private-ordering schemes. This chapter provides a mapping of these basic approaches in order to illustrate the richness and trade-offs associated with such measures. Miscellaneous policy and enforcement tools, such as monitoring and filtering, graduated response, payment blockades and follow-the-money strategies, private denial of service (DNS) content regulation, and online search manipulation, are discussed to complement the typical legal liability view of the regulation of intermediaries. The discussion of these enforcement strategies will be framed within the investigation of notions such as market and private ordering, corporate social responsibility, assistance in enforcement of a innocent third party made accountable although not liable and public deal-making.
The Equustek Effect: A Canadian Perspective on Global Takedown Orders in the Age of the Internet
Authors: Geist Michael
Published: May 2020

This chapter examines the Canadian Equustek case, tracing the development of internet jurisdiction cases in the late 1990s to the current legal battles over the appropriate scope of court orders that wield far greater effect than conventional, domestic-based orders. The chapter begins by recounting the Yahoo France case, the internet jurisdiction case that placed the conflict challenges squarely on the legal radar screen. It continues with a detailed examination of the Equustek decision and its aftermath, including efforts by Google to curtail the effect of the Canadian court order by obtaining a countervailing order from a US court and the use by Canadian courts to extend the ruling to other internet platforms and online issues. It also cites one additional risk with overbroad national court orders related to online activity, namely the prospect of further empowering large internet intermediaries, who may selectively choose which laws and orders to follow, thereby overriding conventional enforcement of court orders and national regulation.
Jurisdiction on the Internet: From Legal Arms Race to Transnational Cooperation
Authors: Chapelle Bertrand de La , Fehlinger Paul
Published: May 2020

The cross-border internet with its transnational data flows and intermediaries spans a fragmented patchwork of national jurisdictions. As connectivity and internet penetration increase, so do conflicts between jurisdictions. Such conflicts challenge the Westphalian international system, and traditional modes of legal cooperation struggle to resolve these jurisdictional tensions. Extreme application of the principle of territoriality and the exertion of digital sovereignty put the global community on a dangerous path if employed on the global scale. If nothing is done, this legal arms race could lead to severe unintended consequences for the future of the global digital economy, human rights, cybersecurity, and the technical internet infrastructure. Twenty-first century digital realities challenge traditional modes of international legal cooperation, revealing an institutional gap in internet governance that may be solved by drawing lessons from the technical governance of the internet. Preserving the global character of the internet, fighting illicit online behaviour, and establishing procedural interoperability and due process across borders demand innovative cooperation mechanisms as transnational as the internet itself. This chapter argues that issue-based multistakeholder policy networks are necessary and the right approach to develop scalable solutions for cross-border legal challenges with regard to data flows, online content, or domains.