bluuebunny/crossref_metadata_2025 huggingface dataset:
The Case for Instruction Modeling
Authors: Khachatryan George A.
Published: May 2020

Relying on the examples and lessons of the preceding chapters, this chapter offers a case for the use of instruction modeling. The central value of instruction modeling is that it offers a consistent way to develop high-quality instructional content for blended learning programs. While this may appear insignificant, in reality it is of great importance. Good instructional traditions in mathematics are exceedingly rare, and have developed their content—including textbooks and the content of individual lessons—through decades of trial and error. Instruction modeling offers a way for designers to avoid the great risk of attempting to do the same from scratch. This is the theoretical case for instruction modeling; the practical case comes from the success of the specific blended learning programs developed through its use. We survey the research literature on the efficacy of these programs. The evidence suggests that instruction modeling is not merely a theoretically appealing approach but also one that can be used to develop programs that succeed in practical use.
Unfair Subordination
Authors: Moreau Sophia
Published: May 2020

Chapter Two, “Unfair Subordination,” develops a theory of unfair subordination and then uses this theory to help explain why discrimination wrongs people. The author explains why, in this context, it is important to think of subordination as “social subordination”—that is, as something that happens to a person by virtue of her membership in a certain social group. The author argues that social subordination involves not only differences in the power, authority, and deference given to particular social groups, but also, crucially, the presence of what the author calls “structural accommodations.” These are practices that normalize the needs of the superior groups and render invisible the needs of inferior groups. The author then uses this account of subordination to explain a variety of ways in which direct and indirect discrimination contribute to unfair subordination. Both forms of discrimination perpetuate differences in power, authority, and deference. Direct discrimination also subordinates by marking out certain people or groups as inferior, constituting an expression of censure. And indirect discrimination contributes to unfair subordination when it leaves in place problematic structural accommodations, rendering certain groups invisible, and thereby marking them out as inferior, in certain contexts.
The Church of the Holy Sepulchre and the Temple Mount/Haram esh-Sharif (Jerusalem)
Authors: Jobani Yuval , Perez Nahshon
Published: May 2020

Chapter 5 explores two contested sacred sites—the Church of the Holy Sepulchre and the Haram esh-Sharif/Temple Mount—and two models of governance of contested sacred sites—status quo and closure. Section A describes the status quo at the Church of the Holy Sepulchre in Jerusalem to facilitate, in section B, a critical discussion of the structure, justifications, advantages, and disadvantages of the status quo model. Section C describes the Temple Mount/Haram esh-Sharif case study with an emphasis on the period of 1967 to the present. Section D defines, explores, and criticizes closure as a model of governance for contested sacred sites.
Conclusion
Authors: Jobani Yuval , Perez Nahshon
Published: May 2020

In this conclusion we offer an overview of the novel typology of five models for governing contested sacred sites developed in this monograph: “non-interference,” “separation and division,” “preference,” “status-quo,” and “closure.” As we have a full exploration of the five models of governance for contested sacred sites in front of us, we can offer a demonstration of the core structure of the models through their applicability to one contested sacred site—the Western Wall in Jerusalem—to facilitate direct comparison of each models’ practical value. Furthermore, we explain the pluralist grounds of the multi-model structure of this study that led us away from a “one model to govern them all” approach.
A Lineal Temple
Authors: Patterson Sara M.
Published: May 2020

The end of the twentieth century saw an emphasis on more spiritual or metaphorical interpretations of Mormon historic sites, yet that spiritual turn included an affective, experiential element as well. Thus, the late twentieth-century activities made of the Mormon Trail a museum, a playground, and a temple: a “lineal temple,” a sacred space, where members could come to experience their history and theology under the umbrella of authenticity.
Anxious Landscapes
Authors: Patterson Sara M.
Published: May 2020

This final chapter continues an exploration of collective memory, turning to the site of the Mountain Meadows Massacre in order to examine the intersections of place and collective forgetfulness. The chapter argues that this site represents an “anxious landscape” of the American West.
Why College Is Worth It
Authors: Patricia Herzog
Published: May 2020

Chapter 3 addresses the ways that social class, economic resources, and family backgrounds affect students’ experiences of college. Students learn about the value of college: that college is important to earn a degree for specific skills and credentials, while it also teaches the “rules of the game,” referred to in scholarship as acquiring cultural capital. This chapter also addresses how students’ social class backgrounds affect how easy, hard, or different from high school they find the college experience to be, and how these experiences can shape the kinds of skills and talents that students gravitate to and build during college.
A Change is Gonna Come
Authors: Harrison Brian F.
Published: May 2020

Get your head out of your @*&. Snowflake. You’re an idiot. Stupid liberal. Ignorant conservative. It can feel good to use a disparaging name and dismiss a divergent belief or opinion but it turns people off from genuine engagement. At best, feelings are hurt and family and friends decide to avoid political discussions altogether. Often social groups break apart. How can deliberative democracy survive if we can’t even speak to people with whom we disagree? The conventional wisdom to avoid talking about politics has to change. We need to talk to each other about American politics more, especially to those with whom we disagree. We just need to do it better. The antecedents of bitter political disagreements are well documented but less attention is paid to ways to improve things. Public opinion doesn’t change quickly on average but it does change: how people think and feel about LGBT rights, for example, saw a meteoric change over the last few decades. Supportive people from many different social and identity groups had conversations in ways that got people out of their echo chambers to see issues in new ways. The unprecedented attitude change toward marriage equality and LGBT rights is a compelling public opinion phenomenon and a roadmap for how to talk about other contentious issues. Relying on research spanning academic disciplines, A Change is Gonna Come identifies and explains where conversations fail and how we can start to dig out of our opinion silos to make reasonable changes in everyday, interpersonal political conversations.
The Virtue of Uncomfortable Conversations
Authors: Harrison Brian F.
Published: May 2020

Chapter 2 discusses persuasion and attitude change as well as barriers to attitude change. It introduces some core concepts and addresses key questions: whether people hold attitudes at all and if they do, under what conditions they are likely to change. Research on persuasion often suggests that the first step down the road to successful attitude change is the motivation to process information—in other words, the willingness to listen. A person must create realistic goals for an interpersonal conversation before it starts; decide whether the person with whom they are speaking is reasonably able to have a meaningful conversation; and listen as much (if not more) than they speak, at least at first. Theories of information bias suggest that biases such as selective exposure, partisan bias, and motivated reasoning are barriers to the free exchange of ideas and need to be considered when engaging with those who disagree.
Don’t Know How I Feel About That
Authors: Harrison Brian F.
Published: May 2020

Chapter 5 investigates the importance of emotion and how it can be harnessed for good. We are not purely rational thinkers when it comes to politics, particularly as partisanship has become a more significant aspect of core concepts and identities. Chapter 5 focuses on how we often feel about politics and their emotional reactions to conversations. Common negative emotions— fear, anxiety, anger, and disgust—can be difficult to navigate but chapter 5 provides suggestions on how to approach emotionally charged situations to diffuse or to neutralize the negative emotions that can surround political discussions. The chapter also identifies positive emotions like hope and enthusiasm and strategies like moral elevation that can help to break through emotional barriers and to reframe discussions in ways that are more productive and respectful.
People Like Us Have Got to Stick Together
Authors: Harrison Brian F.
Published: May 2020

Chapter 6 focuses on the power of shared identity and values. Social psychology shows that we like to feel like we belong in social groups because it boosts self-confidence and helps to make sense of the world. Each person has more than one identity and maintaining social group membership is a powerful driver of political behavior. Highlighting groups and identities that we share is a vital strategy to relate to others and to encourage them to listen to political conversations they may otherwise ignore or avoid. Advocacy campaigns and persuasive communication about LGBT rights have been focused on shared, strongly held identities and values to shift opinions. This chapter discusses the benefits of focusing on commonalities rather than differences or things that are unknown, including shared identities as members of the same community or state, ethnoracial group, or political party, and of appealing to common values like fairness, equality, and patriotism.
Strategic Climate Research
Authors: Schneider Benjamin
Published: May 2020

The chapter summarizes the conceptual and empirical writing and research on organizational climate surveys that have strategic foci. Strategic foci means that such surveys contain items descriptive of organizational policies, practices, procedures, and behaviors that get rewarded, supported, and expected and that link directly with important strategic organizational outcomes like service and safety. The conceptual logic for such surveys was stimulated by an early emphasis on the need for organizational climate surveys to “focus on something” and not be abstract or undefined. The chapter reviews the theory and the resultant convincing evidence that supports this climate for something approach, focusing especially on the climate for service and the climate for safety. Examples of foci-specific climate survey items are also provided.
The Unique Role of Corporate Culture in Employee Listening Systems
Authors: Denison Daniel , Dickson Marcus W. , Mullins Michelle W. , Sanchez Jessie
Published: May 2020

This chapter gives an overview of the organizational culture perspective and considers the range of contributions that it can make to the design of contemporary employee listening systems. The authors begin by tracing the origins of the culture literature and its evolution as a key element of the systems perspective in organizational studies. In addition to its focus on the organizational level, the culture perspective offers a unique application of qualitative and quantitative methodologies, an extensive literature on predicting organizational performance, and a unique perspective on how cultures are created, which is useful for driving action and inclusion. The chapter also offers a brief overview of seven frameworks for assessing organizational cultures that are useful resources for practitioners and researchers to draw upon. The authors conclude by making a set of recommendations about how to build greater depth and impact to employee listening systems.
Open-Ended Questions
Authors: Dutta Subhadra , O’Rourke Eric M.
Published: May 2020

Natural language processing (NLP) is the field of decoding human written language. This chapter responds to the growing interest in using machine learning–based NLP approaches for analyzing open-ended employee survey responses. These techniques address scalability and the ability to provide real-time insights to make qualitative data collection equally or more desirable in organizations. The chapter walks through the evolution of text analytics in industrial–organizational psychology and discusses relevant supervised and unsupervised machine learning NLP methods for survey text data, such as latent Dirichlet allocation, latent semantic analysis, sentiment analysis, word relatedness methods, and so on. The chapter also lays out preprocessing techniques and the trade-offs of growing NLP capabilities internally versus externally, points the readers to available resources, and ends with discussing implications and future directions of these approaches.
Linkage Analysis
Authors: Del Duco Shawn M. , Hyland Patrick K. , Reeves David W. , Caputo Anthony W.
Published: May 2020

Linkage analysis is a framework for determining the impact that employee attitudes, as measured by organizational surveys, have on business outcomes. Linking employee attitudes to outcomes such as employee turnover and performance provides a compelling business case for executives to invest both emotionally and financially in employee surveys. The current chapter reviews the large body of research supporting the linkage analysis framework, as well as common approaches and challenges. Three case studies from the field are also presented, along with practical recommendations for translating linkage results into meaningful actions that organizations can take. The authors conclude by sharing the implications of linkage analysis in an era of big data.
Optimizing Differences Between Groups Is Important
Authors: Bliese Paul D. , Wicher Eliza W. , Abdulsalam Dhuha
Published: May 2020

Firms rely on aggregate responses from engagement survey data in order to differentiate between teams of direct reports under specific managers, divisions, business units, etc. In this chapter, the authors show that items vary with respect to being able to differentiate groups and provide concrete and practical information relevant to selecting items used in engagement surveys. Specifically, the authors show how item-level intraclass correlation coefficient type 1 (ICC[1]) values can provide useful information to optimize group differentiation beyond traditional psychometrics. Using multiple examples from applied settings, they provide insights regarding interpreting ICC(1) values, wording of survey items, stability of ICC(1) values, and the difference between ICC(1) values and traditional psychometric values.
Rediscovering the Art of Surveys for Organization Change
Authors: Church Allan H. , Waclawski Janine
Published: May 2020

While many practitioners continue to promote the use of good strategic survey practice and measurement constructs, fewer highlight the use of surveys specifically for transformational interventions. In this chapter, the authors outline the use of a specific type of survey approach (i.e., surveys for change). Although surveys for change share many of the same elements as other types of organizational survey programs, there are key differences as well. The chapter begins with an overview of these types of surveys as a key organization development intervention and how recent technology trends and the democratization of survey methodology have negatively impacted their application over time. The differentiating characteristics of surveys for change are then discussed, followed by a case example that highlights their use in building an agile marketing function in a global consumer products organization. The chapter concludes with a call for building greater capability in this important survey practice.
Employee Surveys Move into the Future
Authors: Kraut Allen I.
Published: May 2020

This chapter looks at how employee surveys have changed in recent decades and points to likely uses in the future. Surveys fulfill various purposes for different organizations over time, ranging from pure assessment to driving change. Generally, there has been a beneficial evolution in their form and use. Surveys focus less now on assessing employee satisfaction than on predicting work performance. More attention is put on employee engagement and on using survey findings for meaningful responses and change. At the same time, a technological revolution in computing has made surveys cheaper, faster, easier, and more tailored to various purposes. These shifts have also created speed bumps for practitioners, as when employee-identified surveys run into new privacy laws. The concept of employee engagement is seen as a major challenge in coming years as scientist-practitioners seek to better understand just why higher engagement is linked to better individual and organizational performance.
African Economies and Their Challenges
Authors: Rotberg Robert I.
Published: May 2020

Population numbers throughout most of Africa will continue to increase severely in most parts of Africa for the next thirty years. Unless women in sub-Saharan Africa suddenly cease having more than two and sometimes as many as seven children, the gross labor force, unskilled and skilled, in almost every country will continue to grow despite existing, alarming, formal unemployment rates of 40% or more. To meet the minimum income needs of their citizens, to create a more robust consumer society, to grow the tax base on which governments fund their provisions of services and welfare, and to attract more and more external investment, sub-Saharan nation-states hence need to create jobs—the smarter, the more enduring, and the more capable of contributing a beneficial multiplying boost the better. New jobs are the key to sub-Saharan Africa’s future—to its increased prosperity, to its fuller integration into world trading systems, and to winning its several internal battles against fundamentalist insurgents and other supposed revolutionaries.
Schooling for Growth
Authors: Rotberg Robert I.
Published: May 2020

Africans want to learn. They seek educational advancement. They scramble for places in primary, secondary, and tertiary schools. They know, to a person, that as more and more are born and crowd relentlessly on the continent, educational accomplishments will separate those who get ahead and live well , from those who are left behind, scratching the soil or seeking unskilled ways to earn daily bread, posho, ugali, matoke, and the rest. The key to being selected for a formal sector job, and keeping it, is success in primary school, completing secondary school, and—if possible—receiving a university degree. Furthermore, to advance and prosper—to have any hope of rushing ahead of one’s fellow nationals—increasingly depends on schooling achievements and on gaining formal degrees, but also on amassing either professional or vocational knowledge and skills. This scramble will not be for the faint-hearted, nor for those who are less persistent and resourceful than their fellows.
Technology Advances Africa
Authors: Rotberg Robert I.
Published: May 2020

Africa’s technological revolution is well underway, is transformative for human and economic development and greatly influences the conduct of politics. Where Africans were once relatively uninformed about the alternatives available to them in the spheres of political participation, economic path dependency, and social progress, now the glories of the World Wide Web, Google, Facebook, Instagram, WhatsApp, and straightforward SMS have brought the globe’s myriad opportunities and experiences to their urban and village dwellings. Amazon, Microsoft, and Huawei are all rolling out major data centers (cloud computing hubs) in South Africa and East Africa. The emergence of Africa’s middle class is facilitated by this new technologically enabled knowledge. Even remote villagers are able to feel a part of something all-encompassing. Technology has expanded horizons, enlarged existing vistas, and provided a solid foundation for further innovative embraces of the global village in the decades ahead—when there will be many more young Africans to build upon such existing edifices. Things no longer fall apart.
Teachers and “Legitimate” Tamil in a Multilingual School
Authors: Davis Christina P.
Published: May 2020

Chapter 3 focuses on how the Girls’ College Tamil-medium teachers negotiated and contested sociolinguistic hierarchies in relation to power shifts that followed the outbreak of the civil war in 1983. Consistent with language-based models of identity, the teachers mapped the differences between Jaffna Tamils (Tamils from the Jaffna Peninsula); Batticaloa Tamils (Tamils from the eastern coastal region); Up-country Tamils (descendants of plantation laborers); and Muslims onto Tamil sociolinguistic varieties. This chapter investigates teachers’ discussions and debates about which Tamil varieties are the best, as well as how they acted on those ideologies in different contexts, including subject-area classrooms, language classrooms, and Tamil oratorical performances. The incongruities within and across the teachers’ ideological assertions and practices reveal subtle dynamics in the configuration of social inequality.
What Matters for Individuals in Later Life?
Authors: Jecker Nancy S.
Published: May 2020

Chapter 2 introduces the idea of dignity as species integrity. For human beings, respecting dignity requires making reasonable efforts to support human capabilities at a basic floor level. Human capabilities include the central kinds of things we can do and be as human beings, including capacities for a life narrative; health; bodily integrity; senses, imagination, and thought; emotions; practical reason; affiliation; relating to nature; play; and participating in the environment. Contrary to what “healthy aging” advocates claim, medical progress will not eliminate threats to these human capabilities. Chapter 2 compares dignity as species integrity with sub-Saharan African conceptions of Ubuntu, the Nguni word for “humanness.” Ubuntu prizes relational values and human capacities for harmonious relationship. The chapter concludes that to have global traction, capability lists must be balanced, life stage informed, and provisional.
Niebuhrian Takeaways on Humanitarian Intervention and the Responsibility to Protect
Authors: Moore Gregory J.
Published: May 2020

This chapter considers a Niebuhrian take on humanitarian intervention and the responsibility to protect (or R2P). Following an introduction to the evolution of the norms of humanitarian intervention and R2P, the study considers several cases from Niebuhr’s lifetime that he wrote about and that are related to what we now call humanitarian intervention and R2P. I conclude that Niebuhr would commiserate with those of us, like Samantha Power, who are saddened by the world’s cold willingness to ignore genocide and other atrocities and to stand by and do nothing in so many cases. Niebuhr would have found solace in the rise in international acceptance of the R2P principle. Niebuhr embraced the principles of what we know as R2P as a moral imperative for individuals and nations, even while recognizing the difficulty of mobilizing such goodwill and social action both socially and politically.
Locating Reinhold Niebuhr in Contemporary IR Theory
Authors: Moore Gregory J.
Published: May 2020

There is much more to Reinhold Niebuhr’s thought, and his impact on international relations ([IR] and IR theory) has been deeper and more profound than has been commonly acknowledged. Indeed, Niebuhr has been a seminal figure in the Realist movement, but his impact goes beyond Realism. This chapter documents his contributions in the context of the revival/recovery of classical Realism, along with a recognition of the importance of nonmaterial factors (with contemporary interpretivists and constructivists), regime type (as with neo-liberal institutionalists or democratic peace), and human nature (Rosen), among other things. There are deep strains of existentialism in Niebuhr’s work as well, which is usually associated with postmodernism/poststructuralism, as Niebuhr draws in important ways from Kierkegaard, Dostoyevsky and Nietzsche. This chapter reconsiders Niebuhr’s theoretical innovations and in the process more adequately and systematically locates his work in IR theory, considering both his influences and the influences he has had therein and thereupon.
Consumers and Predators
Authors: Cordray Richard
Published: May 2020

Consumers rely on credit every day, using credit cards, student loans, mortgages, and the like to seek the American dream. But as the risks and complexities of credit grew and deceptive practices by predatory lenders spread, it became all too easy for responsible people to end up in bad situations. When consumers raise issues with financial companies, they are often stymied—ignored or dismissed—and few have the resources or expertise to fight back on their own. Lack of financial literacy increases the risks for many people. Using stories of problems that people face with credit cards, student loans, auto loans, payday loans, debt collectors, and credit reporting companies, this chapter sets the stage for why consumers need government—the Consumer Financial Protection Bureau—to stand with them and provide balance to the financial marketplace.
The Rise of the Financial Consumer
Authors: Cordray Richard
Published: May 2020

Dramatic changes in our economy have magnified the importance of consumer financial issues. Consumer credit is now much more widely available than it was two generations ago, providing people greater opportunities. But its increasing complexity exposes people to new hazards. And the ripple effects of mistakes made by lenders and consumers transcend the individual, posing risks to the broader economy. In 2008, Wall Street’s reckless investments caused the mortgage-market meltdown and brought on the financial crisis. Millions of people—including many who were not involved with any of the bad lending—lost their jobs, their homes, and their retirement savings. Some communities have not yet recovered, worsening inequality and feelings of alienation. This chapter discusses how these broader consequences called for a new government agency to protect not only consumers and their families but also the economy as a whole.
The Making of a Watchdog
Authors: Cordray Richard
Published: May 2020

The Consumer Financial Protection Bureau’s strategy was to push through the political opposition by acting aggressively for consumers. Early on, the bureau worked to make the terms of financial products more understandable for consumers, creating streamlined forms for mortgages, student loans, and credit cards. It took major enforcement actions against credit card companies for deceptive marketing, returning billions of dollars to consumers. As Cordray’s nomination languished in the Senate, President Obama made an extraordinary recess appointment to install him on a temporary basis. The financial industry immediately challenged the appointment in court, and Republicans pushed back hard in tough oversight hearings. In July 2013, the Democratic Senate majority leader, Harry Reid, moved to invoke the “nuclear option” to approve nominations by a simple majority vote. The Republicans yielded, and Cordray was confirmed in a bipartisan vote of sixty-six to thirty-four. In a tough two-year battle, the bureau prevailed over the strenuous opposition.
A Great Big Country
Authors: Cordray Richard
Published: May 2020

Consumer problems are everywhere, but the issues differ dramatically across the United States: from lack of access to credit in the impoverished Mississippi Delta, to scammers in New York City, to rampant foreclosures in Phoenix, Las Vegas, and Tampa. Along with traveling the country to experience and understand issues in local communities, the Consumer Financial Protection Bureau broke down the immensity of serving 320 million Americans by focusing on specialty populations. This chapter describes this work: the bureau’s Office of Servicemember Affairs, which secured new protections for military personnel and their families; its Office of Students, which addressed student loan issues and improving choices about financing higher education; its Office for Older Americans, which sought to crack down on elder financial abuse and educate families dealing with late-life financial issues; and its Office of Financial Empowerment, which worked to reduce the shockingly high costs and risks of living in poverty.
A Treacherous Transition
Authors: Cordray Richard
Published: May 2020

In November 2017, Cordray announced that he was stepping down. President Trump refused to recognize the Consumer Financial Protection Bureau’s deputy director as the interim leader, appointing one of his cabinet officers, Mick Mulvaney, to the post. Mulvaney, a sharp critic of the bureau, vowed a policy of inaction to slow the pace of enforcement and regulation. The chapter describes Mulvaney’s largely superficial efforts to undermine the bureau, his steps to roll back the payday lending rule, and his transfer of control a year later to the new confirmed director, Kathy Kraninger. It describes how the dynamics of federalism are helping protect consumers even in an era when the bureau has pulled back. And it discusses the bureau’s continuing work—including a further billion-dollar penalty against Wells Fargo for unfair and deceptive practices that greatly harmed consumers—and the importance of leadership in setting the bureau’s course.
From Apocalypticism to the AbsoluteTroeltsch’s Nonapocalyptic Eschatology
Authors: Kuehn Evan F.
Published: May 2020

Chapter 1 contextualizes Troeltsch’s approach to eschatology by distinguishing his views from those of the emerging apocalyptic interpretation in New Testament studies, while also demonstrating his constructive interaction with contemporary biblical scholars. It demonstrates how a common misunderstanding of Troeltsch as being a noneschatological thinker rests upon bad readings of an isolated passage in his lectures on theology. In fact Troeltsch concurred with the new apocalyptic conception of the preaching of Jesus of Nazareth against earlier Kantian ethical conceptions of the biblical Kingdom of God, although he did reject the possibility of modern theological appropriations of apocalyptic thought. In contrast, Troeltsch advocated a nonapocalyptic eschatology. Further, he argued that a doctrine of eschatology proper was possible only once the apocalyptic expectation of divine judgment of the world had been abandoned as an object of Christian hope.
Epistemological Implications
Authors: Kuehn Evan F.
Published: May 2020

Chapter 4 examines the epistemological implications of the transcendence of the Absolute. It argues that Troeltsch did not offer a unified theory of religious knowledge, but that his attempts to explain how an experience of the Absolute is possible can be collated to offer a coherent picture of his religious epistemology. The chapter first examines his account of theological agnosticism in nineteenth-century theology developing out of the work of Kant, which puts in question the nature of human knowledge of God. Troeltsch’s constructive response to this agnosticism begins with his appropriation of historical concept formation from the thought of Heinrich Rickert and his concept of the religious a priori. Troeltsch uses the term “mysticism” to explain how these logical structures of the validity of the experience of the Absolute are actualized in religious life.
Autonomy and Consent
Authors: Green Stuart P.
Published: May 2020

This chapter considers the concepts of sexual autonomy and consent. Sexual autonomy is conceived of as a “bundle” of prima facie rights organized around the idea of securing for the holder various forms of sexual self-determination. There is a distinction between negative sexual autonomy (the right not to engage in, or be subject to, one or another form of sexual conduct) and positive sexual autonomy (the prima facie right to engage in such conduct). Sexual autonomy is violated either when a person is subjected to nonconsensual sex (usually by another individual) or when a person is prevented from engaging in consensual sex (typically by operation of law). To consent to sexual contact is essentially to waive the right not to have such contact. Consent also relieves those to whom it is given of the obligation to refrain from contact. Consent involves a “binary” judgment reflecting various “scalar” qualities (meaning that it is a yes/no kind of judgment that typically turns on the existence of a property that is a matter of degree). Of particular concern here is the distinction between consent and mere “unwantedness.” A fundamental distinction is also made concerning consent in an “attitudinal” or “mental” sense (a state of mind of acquiescence), consent in a “communicative” sense (consent that is conveyed to another in words or actions), and consent in a “prescriptive” sense (consent that is regarded as normatively or legally valid). Further, for consent to be prescriptively valid, it must be voluntary, knowing, and competent.
Rape as Nonconsensual Sex
Authors: Green Stuart P.
Published: May 2020

This chapter considers rape in its most basic form, referred to here as rape as nonconsensual sex. In theory, a legislature could simply define rape as “nonconsensual penetrative sex” and leave it to factfinders to determine if the evidence presented was sufficient to support the charge. But such a definition would probably be too open-ended to give potential offenders, law-enforcement officials, and courts adequate notice and direction; and for this reason, there has been an attempt to articulate more specific conditions under which rape as nonconsensual sex occurs. The question is how to do this in a way that is neither under- nor overinclusive. The chapter considers three approaches the law has taken to defining such an offense: as obtained by force, in the face of a no, and in the absence of affirmative consent, paying particular attention to concerns about under- and overinclusiveness. The chapter also includes a brief discussion of rape law’s mens rea requirement and the availability of the mistake-of-fact defense.
Statutory Rape
Authors: Green Stuart P.
Published: May 2020

This chapter considers statutory rape, where liability is imposed solely by virtue of the fact that the complainant is underage. It questions whether presuming incapacity makes sense, at least in the case of older adolescents. One problem is that the law is internally inconsistent. First, it presumes incapacity when a juvenile has sex with an adult but not when she has sex with another juvenile (under so-called Romeo and Juliet provisions). Second, it implicitly recognizes capacity to consent when imposing aggravated penalties in cases where the intercourse was actually nonconsensual. One way to avoid this inconsistency would be to abandon the notion that (older) juveniles are per se incapable of consenting and instead view sex with such persons as analogous to other strict liability offenses intended to prevent harm to potentially vulnerable members of society. Such an approach would have the side effect of allowing a reasonable mistake-of-age defense.
Prostitution
Authors: Green Stuart P.
Published: May 2020

This chapter looks at prostitution. There is a great deal of variation in how various jurisdictions treat such conduct, ranging from criminalizing both the purchase and the sale of sex, to criminalizing only the purchase, to decriminalization and civil regulation of the whole transaction. The methodology of this chapter differs from that employed elsewhere in the book. Rather than ask whether and why prostitution is wrong and should be criminalized, it focuses on a definitional question, namely, what counts or should count as prostitution. In particular, it asks what should count as sex and as buying or selling within the context of the sex trade. It shows how the answers to these questions will ultimately depend on what purpose one thinks the law of prostitution is meant to serve in the first place.
Inventing the English Massacre
Authors: Games Alison
Published: May 2020

This book explains how a conspiracy trial featuring English, Japanese, and Indo-Portuguese co-conspirators who allegedly plotted against the Dutch East India Company in the Indian Ocean in 1623 produced a diplomatic crisis in Europe and became known for four centuries in British culture as the Amboyna Massacre. The story of the transformation of this conspiracy into a massacre is a story of Anglo-Dutch relations in the seventeenth century and of a new word in the English language, massacre. The English East India Company drew on this new word to craft an enduring story of cruelty, violence, and ingratitude. Printed works—both pamphlets and images—were central to the East India Company’s creation of the massacre and to the story’s tenacity over four centuries as the texts and images were reproduced during conflicts with the Dutch and internal political disputes in England. By the eighteenth century, the story emerged as a familiar and shared cultural touchstone. By the nineteenth century, the Amboyna Massacre became the linchpin of the British Empire, an event that historians argued well into the twentieth century had changed the course of history and explained why the British had a stronghold in India. The broad familiarity with the incident and the Amboyna Massacre’s position as an early and formative violent event turned the episode into the first English massacre. It shaped the meaning of subsequent acts of violence, and placed intimacy, treachery, and cruelty at the center of massacres in ways that endure to the present day.
Vagueness
Authors: Fine Kit
Published: May 2020

The book is about the problem of vagueness. It begins by discussing some of the existing views on vagueness and then explains why they have not been thought to be satisfactory. It then outlines a new account of vagueness, based on the general idea that vagueness is a global rather than a local phenomenon. In other words, the vagueness of an expression or object is not an intrinsic feature of the object or an expression but a matter of how it relates to other objects and expression. The development of this idea leads to a new semantics and logic for vagueness. The semantics and logic are then applied to a number of issues, including the sorites paradox, the transparency or luminosity of mental states, and personal identity. It is shown that the view allows one to hew to a much more intuitive position on these various issues.
Presbyterians in the Restoration
Authors: Southcombe George
Published: May 2020

This chapter examines the ways in which Presbyterian identity was reluctantly refashioned in the late seventeenth century. It discusses the failure of the Presbyterian political and religious programmes at the Restoration, and emphasizes the implications of these failures for the future of Presbyterianism. It shows how living under the penal code meant that Presbyterians adopted practices that could evolve into a structure independent of the national Church, at the same time as demonstrating that hopes for comprehension continued throughout the period. It traces the ultimate reasons for the failure of comprehension, and the processes by which a distinct Presbyterian identity emerged. It concludes by examining some of the ways in which the history of Restoration Presbyterianism might not simply be a history of failure, and suggests its broader impact on English politics and religion.
The Dutch Republic
Authors: Cotter Cory
Published: May 2020

This chapter explores the cross-cultural connections of a community of English and Scottish exiles who fled to the Dutch Republic, c.1575–1688. Among them were Pilgrims and Puritans, preachers-turned-physicians, dozens of dissenting divines, Fifth Monarchists (Dr Edward Richardson), oft-imprisoned Quakers (William Penn), tortured Presbyterians (William Carstares), religious and political exiles (John Locke). They fled to Holland in waves: during the Elizabethan Settlement (late sixteenth century); during the English Civil Wars (1640s); and in the wake of the Restoration Settlement (1660–2). Some sailed back and forth (illegally) during the Anglo-Dutch Wars. Some sided with the Dutch; others played both sides. Joseph Hill was captured on a secret mission back to England in 1666. William Carstares was shipped to Scotland, so he could be tortured. Persecution drove them together.
Sermons and Preaching
Authors: Appleby David J.
Published: May 2020

Preaching has always been central to the dissenting Protestant tradition. The fact that sermons were a crucial means of mass communication ensured that ‘hotter Protestants’ would be locked in a perpetual struggle with the ecclesiastical and political authorities for possession of parish pulpits and town lectureships. This chapter explores the means by which dissenting preachers were trained and deployed, and how they managed to deliver their message to a wider audience in the face of often intense official harassment and censorship. Calvinist preaching was always intended to inspire congregations to act as well as listen; a fact which explains both the anxieties of the political authorities regarding public discussion of theological and political matters, and the alarm (even among Puritan clergy) at the growth of unregulated lay preaching. This chapter therefore not only surveys how nonconformist preaching developed during this period, but also how it helped fragment the dissenting movement.
Arena or Temple?
Authors: Seymour Mark
Published: May 2020

States anxious to wrest power from religious authorities viewed their courts of law as quasi-sacred spaces, often characterizing them as a form of ‘temple’ to signal the reverential emotional style required within. Foregrounding the emotional overlap between religious and legal spaces, this chapter portrays Rome’s Court of Assizes during the Fadda murder trial as both secular temple and emotional arena with great symbolic value for Liberal Italy. The argument is contextualized against analysis of the symbolic role of law at crucial stages in the development of other states, particularly England and France. After unification, Italian courts were opened to the public, in some cases for the first time. The civic audience in legal hearings, especially in criminal cases, was a fundamental tenet of Italy’s liberal ideology. The chapter analyses public participation in the Fadda trial against the background of a state’s need to engage its citizens in spaces and rituals that were unmistakably identified with the nation. The Fadda trial’s fascination both helped and hindered the state’s cause, drawing great crowds but provoking emotions that threatened to blur the line between dignified court and popular arena. The trial lasted a month and dominated the nation’s newspapers, drawing Italians from all over the peninsula into the drama in Rome. Ultimately the event was an opportunity to establish the contours of a new type of social space, a new emotional arena, for a new nation.
Global Adjudicative Authority
Authors: deGuzman Margaret M.
Published: May 2020

This chapter examines the relationship between gravity and global adjudicative authority—the global community’s right to create adjudicative institutions, and for those institutions to adjudicate crimes. It argues that such authority is justified when two conditions are met: first, there must be a globally shared norm proscribing the conduct and subjecting violators to criminal sanction; and, second, the global community’s adjudicative goals must be sufficiently important to outweigh any countervailing goals, particularly those of relevant national communities. Additionally, to best promote the regime’s legitimacy, the situations and cases adjudicated must be those that achieve the global community’s most important goals most efficiently. The chapter proposes a reconceptualization of gravity to help ensure these conditions are met.
Conclusion
Authors: deGuzman Margaret M.
Published: May 2020

This book has examined the legal and theoretical bases for the often-cited claim that international criminal law addresses crimes of such gravity that they “shock the conscience of humanity.” It has argued that gravity as a justifying rationale is undertheorized and that the lack of consensus about the meaning of gravity undermines the legitimacy of the international criminal law regime. Addressing each of the decision-making contexts in which gravity plays an important role, the book has set forth proposals to operationalize the concept in ways that promise to better promote the regime's legitimacy. The book has suggested that for global institutions such as the international criminal court, gravity should be a function of global community values and goals, in particular, the value of promoting and protecting human dignity. It has advocated an inclusive dialogic process for identifying the particular values and goals associated with human dignity that ought to be given priority in each decision-making context in order to ensure that international criminal law serves as an effective tool of global crime prevention.
Duality of the Two-dimensional Ising Model
Authors: Mussardo Giuseppe
Published: May 2020

Chapter 4 begins by discussing the Peierls argument, which allows us to prove the existence of a phase transition in the two-dimensional Ising model. The remaining sections of the chapter deal with duality transformations (duality in square, hexagonal and triangular lattices) that link the low- and high-temperature phases of several statistical models. Particularly important is the proof of the so-called star-triangle identity. This identity will be crucial in the later discussion of the transfer matrix of the Ising model. Finally, it covers the aspect of duality in two dimensions. An appendix provides information about the Poisson sum formula.
Conformal Field Theory of Free Bosonic and Fermionic Fields
Authors: Mussardo Giuseppe
Published: May 2020

Free theories are usually regarded as trivial examples of quantum systems. This chapter proves that this is not the case of the conformal field theories associated to the free bosonic and fermionic fields. The subject is not only full of beautiful mathematical identities but is also the source of deep physical concepts with far reaching applications. Chapter 12 also covers quantization of the bosonic field, vertex operators, the free bosonic field on a torus, modular transformations, the quantization of the free Majorana fermion, the Neveu–Schwarz and Ramond sectors, fermions on a torus, calculus for anti-commuting quantities and partition functions.
Form Factors and Correlation Functions
Authors: Mussardo Giuseppe
Published: May 2020

At the heart of a quantum field theory are the correlation functions of the various fields. In the case of integrable models, the correlators can be expressed in terms of the spectral series based on the matrix elements on the asymptotic states. These matrix elements, also known as form factors, satisfy a set of functional and recursive equations that can exactly solved in many cases of physical interest. Chapter 19 covers general properties of form factors, Faddeev–Zamolodchikov algebra, symmetric polynomials, kinematical and bound state poles, the operator space and kernel functions, the stress-energy tensor and vacuum expectation values and the Ising model in a magnetic field.